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| CHAP. XVIII.
|
| An
| act for forming several new counties, and reforming the
boundaries of two others.
|
|
| WHEREAS it is represented to this present session of assembly, by
the inhabitants of Augusta and Botetourt counties, that they labour under many inconveniencies by
reason of the great extent of the said counties and parishes: Be it therefore enacted by the
General Assembly, That from and after the first day of March next the said county and parish
of Augusta shall be divided by a line beginning at the north side of the North Mountain, opposite
to the upper end of Sweedland Hill, and running a direct course so as to strike the mouth of
Seneca creek, on the north fork of the south branch of Potowmack river, and the same course to be
continued to the Allegheny mountain, thence along the said mountain to the line of Hampshire
county; and all that part of the said county and parish of Augusta which lies to the northward of
the said line shall be added to and made part of the said county and parish of Hampshire. And
that the residue of the county and parish of Augusta be divided by a line to begin at the South
Mountain, and running thence by Benjamin Yardley's plantation so as to strike the north river
below James Byrd's house, thence up the said river to the mouth of Naked creek, thence leaving
the river a direct course so as to cross the said river at the mouth of Cunningham's branch, in
the upper end of Silas Hart's land, to the foot of the North Mountain, thence fifty five degrees
west to the Allegheny mountain, and with the same to the line of Hampshire; and all that part
which lies north eastward of the said line shall be one distinct parish,* called
and known by the name of Rockingham.
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Part of Augusta county added to Hampshire.
Boundaries.
Rockingham county and parish formed out of
Augusta.
Boundaries.
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| And be it farther enacted, That from and after the first
day of March the said county and parish of Botetourt
|
|
| * So in the original, but it should be
"county"'−or, more probably the words "county and" should be introduced between "distinct"
and "parish," so as to read distinct county and parish, as is done in relation to the
other counties and parishes mentioned in this act.
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|
Green Brier county and parish formed out of Botetourt &
Montgomery.
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| shall be divided by a line beginning on the top of the ridge which divides the Eastern
from the Western waters, where the line between Augusta and Botetourt crosses the same, and
running thence the same course continued north fifty five degrees west to the Ohio, thence
beginning at the said ridge, at the said lines of Botetourt and Augusta, running along the top of
the said ridge, passing the Sweet Springs, to the top of Peter's mountain, thence along the said
mountain to the line of Montgomery county, thence along the same mountain to the Kanhawa, or New
river, thence down the said river to the Ohio. And all that part of the counties and parishes of
Botetourt and Montgomery between and to the westward of the said lines shall be one distinct
county and parish, and be called and known by the name of Green Brier.
|
Boundaries.
|
| And be it farther enacted, That the remaining parts of
the said counties and parishes of Augusta and Botetourt be divided into three counties and
parishes, as follows, to wit, by a line beginning on the top of the Blue Ridge, near Steel's
mill, and running thence north fifty five degrees west, passing the said mill, and crossing the
North mountain to the top, and the mountain dividing the waters of the Calf Pasture from the
waters of the Cow Pasture, and thence along the said mountain, crossing Panther's gap, to the
line that divides the counties of Augusta and Botetourt; and that the remaining part of the
county of Botetourt be divided by a line to begin at Audley Paul's, and running thence south
fifty five degrees east, crossing James River, to the top of the Blue Ridge, thence along the
same, crossing James River, to the beginning of the aforesaid line dividing Augusta county, then
beginning again at the said Audley Paul's, and running north fifty five degrees west till the
said course shall intersect a line to be run south forty five degrees west from the place where
the above line dividing Augusta terminated. And all those parts of the said counties and parishes
of Augusta and Botetourt included within the said lines shall be one distinct county and parish,
and shall be called and known by the name of Rockbridge; and all the remaining parts of the said
counties and parishes of Augusta and Botetourt shall each of them respectively be a distinct
county and parish, and retain their repective names.
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Rockbridge county and parish formed out of Augusta and
Botetourt.
Boundaries.
|
| And for the administration of justice in the said counties of
Rockingham, Green Brier, and Rockbridge, after
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Court days of Rockingham, Green Brier, and Rockbridge.
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| the commencement thereof, a court for every of them shall be held therein, for the
county of Rockingham on the fourth Monday in every month, for the county of Green Brier on the
third Tuesday in every month, and for the county of Rockbridge on the first Tuesday in every
month; the first court for the said county of Rockingham to be held at the house of Daniel Smith,
for the said county of Green Brier at John Stewart's, for the said county of Rockbridge at Samuel
Wallace's. And the justices for the said courts respectively, or a major part of them being
present, and having taken the oaths required by law, and administered the oaths of office to the
sheriffs, every of the said courts shall fix on a place for holding courts in their counties, at
or as near the centre as the situation and convenience thereof will admit of, and shall
thenceforth proceed to erect the necessary publick buildings at such places, and shall also
appoint such places for holding courts in the meantime, until such buildings shall be completed,
as they shall think fit, and shall have power to adjourn themselves to such places as they shall
appoint; and, after the publick buildings shall be completed, the courts for the said counties
shall thenceforth be held at such places.
|
| And be it farther enacted, that it shall be lawful for
the governour, or in his absence for the president, with the advice of the council, to appoint a
person in every of the said counties to the first sheriff thereof; and the sheriffs of the said
counties of Augusta, Botetourt, and Montgomery, shall have power to collect and distrain for any
publick dues or fees which may remain unpaid by the inhabitants of the counties of Rockingham,
Green Brier, and Rockbridge, and that part of the county of Augusta which is added to Hampshire,
and that part of the county of Montgomery which is added to Green Brier, at the time of their
taking place, and shall be answerable for them in the same manner as if this act had never been
made. And in all future elections of senators, the said counties of Rockingham and Green Brier
shall be of the same districts of which the county they were taken from now are, and the county
of Rockbridge shall be of the same district that the county of Augusta now is.
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| And be it farther enacted, that at the place which shall
be appointed for holding courts in the said county of Rockbridge there shall be laid off a town,
to be
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Town of Lexington established,
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| called Lexington, thirteen hundred feet in length and nine hundred in width. And in
order to make satisfaction to the proprietors of the said land, the clerk of the said county
shall, by order of the justices, issue a writ directed to the sheriff commanding him to summon
twelve able and disinterested freeholders to meet on the said land on a certain day, not under
five nor over ten days from the date, who shall upon oath value the said land, in so many parcels
as there shall be separate owners, which valuation the sheriffs shall return, under the hands and
seals of the said jurors, to the clerk's office, and the justices, at laying their first county
levy; shall make provision for paying the said proprietors, their respective proportions thereof,
and the property of the said land shall, on the return of such valuation, become vested in the
justices and their successours, one acre thereof to be reserved for the use of the said county,
and the residue to be sold and conveyed by the said justices to any person, and the money arising
from such sale to be applied towards lessening the county levy; and the publick buildings for the
said county shall be erected on the lands reserved as aforesaid.
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at Rockbridge court house.
Lots, how acquired, & disposed of,
|
| And whereas many suits and petitions are now depending before the
courts of Augusta and Botetourt, in which the process have not been executed on the defendants,
who, after the said divisions, will reside in the counties of Rockingham, Green Brier, and
Rockbridge; Be it enacted, That the clerks of the counties of Augusta and Botetourt
make out a docket of all such suits and petitions in their respective courts, and deliver the
same to the clerks to the said counties of Rockingham, Green Brier, and Rockbridge, respectively,
together with all papers filed therein, and a copy of all costs, and shall take such clerk's
receipt for the same, and thereupon the courts of the said county shall have jurisdiction
thereof, in as full and ample a manner as if they had been originally commenced in such counties;
and the courts of the said counties of Augusta and Botetourt shall have jurisdiction of all other
actions and suits now depending before them respectively, in the same manner as if this act had
never been made.
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Suits transferred to the new counties.
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| Provided also, That no appointment of clerks of the
peace, or of places for holding courts, shall be made unless a majority of the justices be
present, if such majority shall have been prevented from attending by unavoidable
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| accidents; but, in such case, the appointments shall be postponed till the next court
day, and so on, from court day to court day, as often as such accidents shall happen.
|
| And whereas several of the vestry of the parish of Augusta will by
the division be taken into new parishes, whereby it is necessary to dissolve the said vestry, and
the inhabitants of the parish of Botetourt having failed to elect a vestry agreeable to an act of
assembly in that case made and provided: Be it therefore enacted, That the vestry of
the said parish of Augusta be, and the same is hereby dissolved.
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Vestry in parish of Augusta dissolved.
|
| And be it farther enacted, that the inhabitants of every
of the said parishes of Rockingham, Augusta, Rockbridge, Botetourt, and Green Brier,
respectively, shall meet at some convenient time and place, to be appointed and publickly
advertised by the sheriffs of the said counties before the first day of May next, and then and
there elect twelve able and discreet persons who shall be a vestry for the said parishes
respectively; but the collectors of the parishes of Augusta, Botetourt, and Montgomery,
respectively, shall have power to collect and distrain for any dues which shall remain unpaid by
the inhabitants of the said parishes of Rockingham, Rockbridge, and Green Brier, and that part of
Augusta parish added to Hampshire, and that part of the parish of Montgomery which is added to
Green Brier, at the time of the divisions taking place, and shall be answerable for the same in
like manner as if this act had never been made.
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Vestries to be elected in parishes of Rockingham, Augusta,
Rockbridge, Botetourt, and Green Brier.
|
| And for altering the court day of the county of Dunmore, and
changing the name of the said county, Be it enacted, that from and after the first day
of February next, the said county shall be called and known by the name of Shanando, and that the
courts of the said county of Shanando shall be constantly held on the last Thursday in every
month.
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Name of Dunmore county changed to
Shanando.
Court day altered.
|
| And be it farther enacted, that the court of the said
county of Shanando shall have jurisdiction of all matters and suits now depending before the
court of Dunmore county; and all officers, civil and military, within the same, shall have power
to execute their respective offices in the said county of Shanando in the same manner as if this
act had never been made.
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CHAP. XIX.
An act for establishing the town
of Moorefield, in the county of Hampshire.
|
| WHEREAS it hath been represented to this present general assembly,
that the establishing a town on the lands of Conrad Moore, in the county of Hampshire, would be
of great advantage to the inhabitants, by encouraging tradesmen to settle amongst them:
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Town of Moorefield, in Hampshire county
established.
|
| Be it therefore enacted by the General Assembly, That
sixty two acres of land belonging to the said Conrad Moore, in the most convenient place for a
town, be, and the same is hereby vested in Garret Vanmeter, Abel Randall, Moses Hulton, Jacob
Read, Jonathan Heath, Daniel M'Neil, and George Rennock, gentlemen, trustees, to be by them, or
any four of them, laid out into lots of half an acre each, with convenient streets, which shall
be, and the same is hereby established a town, by the name of Moorefield.
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| And be it farther enacted, That after the said sixty two
acres of land shall be laid off into lots and streets, the said trustees, or any four of them,
shall proceed to sell the said lots, or so many of them as they shall judge expedient, at publick
auction, for the best price that can be had, the time and place of sale being previously
advertised for three months in the Virginia Gazette, the purchasers respectively to hold the said
lots subject to the condition of building on each a dwelling-house eighteen feet square at least,
with a brick or stone chimney, to be finished within two years from the day of sale; and the said
trustees, or any four of them, shall, and they are hereby empowered to convey the said lots to
the purchasers thereof in fee simple, subject to the condition aforesaid, and pay the money
arising from such sale to the said Conrad Moore, his executors, administrators, or assigns.
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Lots, how disposed of.
Conditions.
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| And be it farther enacted, That the said trustees, or the
major part of them, shall have power, from time to time, to settle and determine all disputes
concerning the bounds of the said lots, and to settle such rules and orders for the regular and
orderly building of houses
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Power of trustees.
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| thereon as to them shall seem best and most convenient; and in case of the death,
removal out of the county, or other legal disability, of any of the said trustees, it shall and
may be lawful for the other trustees to elect and choose so many other persons, in the room of
those dead, removed, or disabled, as shall make up the number, which trustees so chosen shall be
to all intents and purposes vested with the same power and authority as those in this act
particularly mentioned.
|
| And be it farther enacted, by the authority aforesaid,
That the purchasers of the lots in the said town, so soon as they shall have built upon and saved
the same according to the conditions of their respective deeds of conveyance, shall be entitled
to, and have and enjoy, all the rights, privileges, and immunities, which the freeholders and
inhabitants of other towns in this state, not incorporated by charter, have, hold, and enjoy.
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Privileges of inhabitants.
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| And be it farther enacted, That if the purchaser of any
lot shall fail to build thereon within the time before limited, the said trustees, or the major
part of them, may thereupon enter into such lot, and may either sell the same again, and apply
the money towards repairing the streets, or in any other way for the benefit of the said town, or
they may appropriate the said lot, or part of it, to any publick use for the benefit of the
inhabitants of the said town.
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Forfeiture for not building.
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CHAP. XX.
|
| An
| act to empower the commissioners of the Gun manufactory at
Fredericksburg to take apprentices therein.
|
|
| WHEREAS it will tend not only to promote the manufacture of fire
arms for publick use, but to increase the number of artists in that useful branch of business, if
the commissioners of the gun manufactory at Fredericksburg were empowered to take apprentices
therein:
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Commissioners authorised to take apprentices, at gun
manufactory, at Fredericksburg.
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|---|
| Be it therefore enacted by the General Assembly, That it
shall and may be lawful for the said commissioners, from time to time, to take into the said
manufactory such a number of white apprentices, properly educated, as they may judge necessary,
under such covenants for fidelity, and for such time as they shall think proper, and agree to
and on the part of the commonwealth, may engage to furnish the apprentices with good and
sufficient clothing, bedding, and provisions, during the term they are bound for, and at the
expiration thereof to pay them such sum of money as the said commissioners may think reasonable,
not exceeding thirty pounds each.
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Covenants to be performed by public.
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| All covenants for or on the part of the said apprentices, and all
profits of their labour, shall enure to the benefit of the publick; and all engagements on the
part of the said commissioners, entered into pursuant to this act, shall be made good by the
publick; and all complaints of such apprentices for misusage, in respect of clothing, provisions,
or immoderate correction, shall be heard and determined int he county court, as in case of other
apprentices.
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CHAP. XXI.
|
| An
| act for continuing an act intituled An act for the more
regular laying off the borough of Norfolk, and an act intituled an act for appointing
commissioners to inquire into and ascertain the losses sustained by the late inhabitants of the
borough of Norfolk, and for other purposes.
|
|
| WHEREAS an act passed the last
session of assembly, intituled "An act for the more regular laying off the borough of
Norfolk, and also one other act, intituled
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Acts for more regularly laying off borough
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| An act for appointing commissioners to inquire into and ascertain the losses sustained
by the late inhabitants of the borough of Norfolk," will expire at the end of this present
session of assembly, and whereas the commissioners, appointed by the said recited acts, at their
late meeting in the borough of Norfolk, did not fully complete the aforesaid business, and it is
thought necessary the said acts should be farther continued:
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of Norfolk, and for ascertaining losses sustained by it burning,
further continued.
|
| Be it therefore enacted, that the same shall continue and
be in force until the next session of Assembly, and no longer.
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| And the said commissioners shall and are hereby authorised and
required to inquire into and ascertain the damages sustained by the burning of any houses in the
town of Portsmouth by the troops of this commonwealth, and the damages to the proprietors of any
houses used as barracks by the said troops in the said town of Portsmouth, and also in the town
of Suffolk, and at the Great Bridge, in the county of Norfolk, in the same manner, and to make
the like report, as was directed in the case of property in the town of Norfolk. And the said
commissioners, for their services, shall have the same allowance as is directed by the above
mentioned act.
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Commissioners to ascertain losses, at Portsmouth.
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CHAP. XXII.
An act for giving certain powers to the
Governour and Council.
|
| WHEREAS the present war between America and Great Britain was
undertaken for defence of the common rights of the American states, and it is therefore just that
each of them when in danger should be aided by the joint exertions of all; and as on any invasion
of this commonwealth in particular we should hope for and expect necessary aids of militia from
our neighbouring sister states, so it is incumbent on us to yield the same assistance to them
under the like circumstances, and the laws heretofore empowering the governour
|
Preamble.
|
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|---|
| and council to send aids of militia to such states will expire at the end of this
present session of Assembly:
|
| Be it therefore enacted by the General Assembly, That on
the invasion of any sister state, and application from Congress, or from the legislative, or
executive powers of such state for aids of militia, it shall be lawful for the governour, with
the advice of the council of state, to order to their assistance such corps of the militia from
any of the counties of this commonwealth as the exigence of the case may require or admit, having
regard in such orders to the convenience and vicinity of such counties to the place invaded,
their internal security, and the imminence of the danger; and moreover, to appoint such general,
field, and staff officers, as may be requisite to command, attend, and provide for the same, to
have them furnished with necessaries for travelling and camp uses, and such arms, ammunition, and
accoutrements, as may be called for, if the same can be procured and spared from this
commonwealth. And to answer the expenses thereof, in the first instance, the governour is
empowered to draw for any sums of money necessary to carry these purposes into effect on the
treasurer for this commonwealth, who is hereby authorised to pay the same out of any publick
money in his hands, keeping a separate and distinct account thereof, in order that the same may
be reimbursed to the commonwealth.
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Governor authorised to send assistance to a
sister state, on an invasion.
|
| Such militia, while on duty, shall be subject to the continental
rules and articles of discipline and government; save only, that all courts martial, whether
general or regimental, which shall be holden on any of them, shall consist of their own officers
only.
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| This act shall be in force till the end of the next session of
general assembly, and no longer.
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| CHAP. XXIII.
|
| An
| act to amend an act intituled An act to restrain the
operations of the acts for limitation of actions and recording deeds in certain cases.
|
|
[Chan. Rev. p. 76.]
|
| I. WHEREAS during the confusions in this commonwealth, occasioned
first by the expiration of the fee bill on the twelfth day of April one thousand seven hundred
and seventy four, and the suspension of government subsequent thereto, the justices in many
places omitted to hold their courts, and it would be unreasonable that persons should be barred
of their just rights by acts of limitation in respect to the time incurred during the said
confusion and omission to hold courts, and the portion of time withdrawn from the operation of
the said acts by one other act passed in the year one thousand
seven hundred and seventy six, intituled "An act to restrain the operations of the acts for
limitation of actions and recording deeds in certain cases," is not sufficiently extended to
relieve all those who may justly claim relief:
|
Preamble.
|
| II. Be it therefore enacted by the General Assembly, That
in all questions which may arise in any court of record upon any act for limitation of actions,
making entries into lands, or limitation of evidence in the computation of time, the period
between the said twelfth day of April one thousand seven hundred and seventy four, and the
twelfth day of April next, shall not be accounted any part thereof, so as to bar such action,
entry, or evidence; but, in all such computations, the progression shall be from the said twelfth
day of April one thousand seven hundred and seventy four to the twelfth day of April next, as one
day.
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Certain periods excepted out of the act of limitations.
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| CHAP. XXIV.
|
| An
| act to prevent private persons from issuing bills of credit
in the nature of paper currency.
|
|
[Chan. Rev. p. 76.]
|
| I. WHEREAS divers persons have presumed, upon their own private
security, to issue bills of eredit, or notes payable to the bearer, in the nature of paper
currency, which may tend to the deception and loss of individuals, as well as to the great injury
of the publick, by increasing the quantity of money in circulation, already exceeding the present
medium of commerce:
|
Preamble.
|
| II. Be it therefore enacted by the General Assembly, That
every person who, from and after the passing of this act, shall, without authority from the
legislature of this commonwealth, issue, or offer in payment, any bill of credit, or note for any
sum of money payable to the bearer, shall forfeit and pay ten times the sum of every such bill of
credit, or note payable to the bearer, so issued or offered in payment, to be recovered with
costs, by warrant from any justice of the peace where the penalty shall not exceed the sum of
twenty five shillings, by petition in the county court where the penalty shall be more than
twenty five shillings and shall not exceed the sum of five pounds, or by action of debt or
information in any court of record where the penalty shall be above the sum of five pounds; one
moiety whereof to the informer, and the other moiety to the use of the county where the offence
shall be committed, towards lessening the county levy, or the whole to the use of the county
where the prosecution shall be first instituted, on behalf of the county only.
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Penalty on private persons, for issuing bills of credit or
notes, payable to bearer.
|
| III. And be it farther enacted, That any justice of the
peace for the county where such offence shall be committed may, and his is hereby empowered and
required, either upon his own knowledge or information, and due proof thereof made, to require
any person issuing or offering in payment any such bill of credit, or note payable to the bearer,
to give bond with sufficient security, in the sum of five hundred pounds, for his good behaviour,
and upon refusal or neglect to commit such offender to prison, there to remain until he shall
give security accordingly; and if the offender shall thereafter
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Power and duty of justices.
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|---|
| issue or offer in payment any such bill of credit, or note payable to the bearer, the
same shall be adjudged a breach of the good behaviour, and forfeiture of the bond.
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CHAP. XXV.
|
| An
| act for adding part of the county of Westmoreland to King
George, and part of the county of King George to Westmoreland.
|
|
| FOR adding part of the county of Westmoreland to the county of King
George, and part of the county of King George to the county of Westmoreland, Be it enacted by
the General Assembly, That from and after the twentieth day of March next all that part of
the county of Westmoreland which lies above a line to be run from the head of Bristol Mine run
directly to Washington's mill, on Rosier's creek, and down the said creek to Potowmack river, be
added to the county of King George, and all that part of the county of King George which lies
below the said line be added to the county of Westmoreland. The said line shall be run by the
surveyor of the county of Richmond, at the equal expense of the two counties, to be levied by
their respective courts.
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Part of the county of Westmoreland added to King George, & part
of King George to Westmoreland.
|
| Provided always, That nothing herein contained shall be
construed to hinder the sheriffs or collectors of the counties of King George and Westmoreland
respectively from collecting and making distress for any publick dues or fees which remain due
and unpaid by the inhabitants of the said counties; but such sheriffs or collectors shall have
the same power to collect and distrain for the same, and be answerable in like manner, as if this
act had never been made.
|
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|---|
| CHAP. XXVI.
|
| An
| act to enlarge the time for making draughts of the militia to
recruit the Virginia regiments in the continental service.
|
|
| WHEREAS the continuance of this session of assembly, beyond the
time it was expected to adjourn, hath made it necessary to enlarge the time in the remote
counties appointed for making draughts of the militia, pursuant to the act "For speedily recruiting the Virginia regiments on the continental
establishment, and for raising additional troops of volunteers:"
|
Preamble.
|
| Be it therefore enacted by the General Assembly, That in
each county to the westward or north westward of the mountains called the Blue Ridge, the county
lieutenant, or commanding officer of the militia thereof, be empowered and required to summon the
field officers, captains, and first lieutenants of his militia, to meet at the courthouse, for
the purposes of the said act, at any time within fifteen days after he shall have received notice
of the said act, although the same be after the second Monday in February next, and thereupon
such farther proceedings shall be had, and all persons subjected to the penalties for neglect or
breach of duty, as in the said act is directed and prescribed.
|
Time for making drafts to recruit the Virginia regiments, on
continental establishment, in the counties beyond the Blue Ridge enlarged.
|
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|---|
| CHAP. XXVII.
|
| An
| act appointing the place for holding the High Court of
Chancery and General Court, and empowering the said High Court of Chancery to appoint their own
serjeant at arms.
|
|
[Chan. Rev. p. 77.]
|
| I. WHEREAS by the acts constituting the high court of chancery and
general court the said courts are to be holden at such place as the legislature shall
direct, an no place hath as yet been appointed for that purpose:
|
Place for holding high court of chancery, &
general court, appointed.
|
| II. Be it therefore enacted by the General Assembly, That
for the term of one year after the end of this present session of assembly, and from thence until
the end of the session then next ensuing, the said courts shall be holden in the capitol in the
city of Williamsburg.*
|
| III. And be it farther enacted, That it shall be lawful
for the said high court of chancery to appoint from time to time their own serjeant at arms, who
shall be attendant on the said court to perform the duties of his office, for which he shall
receive such fees as shall be allowed by law.
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Serjeant at arms.
|
|
|
| * Now held at Richmond, by
virtue of the act of May 1779, chap. XXI. for the removal of
the seat of government.
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|---|
CHAP. XXVIII.
An act for giving proper
salaries to certain officers of government.
|
| WHEREAS it is just and reasonable that those who dedicate their
time and labour to the publick service should receive some proportionable compensation for the
same, and the salaries and wages hitherto allowed to the officers of government herein after
mentioned have become altogether inadequate to the sustenance of themselves and their families,
and the necessary expenses of their offices:
|
Preamble.
|
| Be it enacted by the General Assembly, That from and after
the first day of January, in this present year, all former salaries and wages heretofore allowed
to the said officers of government shall cease; And in lieu thereof shall be paid to the
governour fifteen hundred pounds by the year; to the members of the privy council or council of
state, a salary of two thousand four hundred pounds by the year, to be divided among such of them
as attend, or shall be in Williamsburg ready to attend and prevented by sickness; to the
treasurer of the commonwealth for the time being the sum of twelve hundred pounds by the year; to
the attorney general three hundred pounds by the year; and to each of the auditiors of publick
accounts four hundred pounds by the year. Which several sums shall be paid by the treasurer of
this commonwealth in quarterly payments, on the last days of march, June, September, and
December, in every year, out of any publick money in his hands.
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Salaries of Governor, Privy Council, Treasurer, Attorney General, and
Auditors, encreased.
Salary of Councillors to be divided among those who attend,
or shall be in Williamsburg ready to attend, and prevented by sickness.
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CHAP. XXIX.
An
act for appointing a naval officer on Nattaway [Nottaway] and Blackwater.
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| BE it enacted by the General Assembly, That a naval
officer shall be appointed for the following district by joint ballot of both houses of assembly,
to wit, the rivers of Blackwater and Nottaway, who shall be commissioned and qualified, entitled
to the same fees, and be subject to the like penalties for neglect of duty or misfeasance of
office, as is directed, prescribed, and inflicted, for other naval officers, by an act intitled
"An act for the appointment of naval officers, and ascertaining
their fees."
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Naval officer appointed for Nottoway, and Blackwater rivers.
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CHAP. XXX.
|
| An
| act to revive and amend an act for appointing commissioners
to ascertain the value of certain Churches and Chapels in the parishes of Frederick, Norborne,
and Beckford, and for other purposes therein mentioned.
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|
| WHEREAS by an act of general assemby, passed in the year one thousand seven hundred and seventy two,
intituled "An act for dividing the parishes of Frederick in the county of Frederick, and Cameron,
in the county of Loudoun, and for other purposes therein mentioned," it was among other things
enacted, that the vestries of the parishes of Frederick and Norborne, when elected, should
respectively pay unto the parish of Beckford a proportionable part of the first cost of two
churches in the said parishes of Frederick and Norborne, according to the number of tithables in
the said parishes at the time the said division took place, which they have failed to do:
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Preamble.
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| Be it therefore enacted by the General Assembly, That each
of the vestries of the said parishes of Frederick, Norborne, and Beckford, shall appoint two of
their members commissioners to ascertain the value to the churches and chapels in the said
parishes of Frederick, Norborne, and Beckford, at the time the said division took place; and that
the said commissioners, or a majority of them, being first duly sworn, shall, on or before the
first day of May next, ascertain the value of the said churches and chapels at the time
aforesaid, and shall certify the same under their hands and seals to the vestries of the said
parishes of Frederick Norborne, and Beckford. And the said vestry of the said parish of Frederick
is hereby directed to levy, account for, and pay unto the vestries of the said parishes of
Norborne and Beckford whatever the value of the said churches and chapels shall exceed that of
two chapels in the parishes of Norborne and Beckford aforesaid, in proportion to the number of
tithables at the time when the said division took place, any thing in the said recited act to the
contrary in any wise notwithstanding.
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Vestries of parishes of Frederick, Norborne, & Beckford,
authorised to appoint commissioners to ascertain the value to the churches & chapels in parishes
of Frederick & Norborne.
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CHAP. XXXI.
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| An
| act to empower the Justices of Cumberland and Fluvanna
counties respectively to appoint new places for holding their courts, and to repeal the act for
laying off a town in the county of Cumberland.
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|
| WHEREAS by an act passed the last
session of general assembly, for dividing the county of Cumberland, it was among other things
enacted, that the justices of the said county of Cumberland should meet on the fourth Monday in
July then next coming, at such place as should be appointed by the sheriff thereof, and then and
there appoint a place for holding courts in the
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Justices of Cumberland and Fluvanna authorised to appoint new
places for holding their courts.
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| said county, at or as near the centre of the county as convenience will admit, at which
place they were to cause a parcel of good ground to be laid off for a town to be called
Effingham, and the courts for the said county were thenceforth to be held at such place, and by
one other act, passed at the same session, for dividing the
county of Albemarle, the justices of Fluvanna county were authorised to meet on the first
Thursday in August then next ensuing, at the house of Thomas Napier, esq. and to fix on a place
for holding courts in the said county of Fluvanna, at or as near the centre thereof as
convenience would admit; and whereas, pursuant to the said acts, the justices of the said
counties met as they were directed, and appointed places for their several courthouses, but the
inhabitants of the said counties have petitioned this present assembly respectively that their
justices may be empowered to re-consider their said appointments, and the inhabitants of the said
county of Cumberland have farther petitioned that a town may not be laid off at the courthouse of
the said county, as is directed by the former of the said acts:
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| Be it therefore enacted by the General Assembly, That so
much of the said recited act as directs the justices of the said county court of Cumberland to
cause a parcel of ground to be laid off for a town at the place appointed, or to be appointed,
for holding courts in the said county, be, and the same is hereby repealed; and that the justices
of the said county courts shall, and they are hereby required to meet respectively at the places
formerly by them appointed for holding their sessions, on the fourth Monday in march next, and,
the major part of them being then present, shall and may appoint the same, or any other places as
near the centre of their counties respectively as convenience will admit, for holding their
future courts, and provide for building a courthouse, prison, pillory, and stocks, at such
places, and in the mean time shall hold their sessions at such places as they shall from time to
time adjourn to.
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Act establishing the town of Effingham, at
Cumberland court house repealed.
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| Provided, and be it farther enacted, That if a majority of
the justices named in the commissions of the peace for the said counties respectively shall not
be present in the said fourth Monday in March next, those present shall not proceed to fix the
place for holding their courts as aforesaid, but the same shall be done at the first succeeding
court at which such majority shall be present.
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| CHAP. XXXII.
|
| An
| act for dissolving the vestry of the parish of Christ Church,
in the county of Lancaster.
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|
| WHEREAS it is represented to the general assembly, that only four
of the vestry of the parish of Christ Church, in the county of Lancaster, were elected by the
freeholders and housekeepers thereof, Be it therefore enacted by the General Assembly,
That the same shall be, and is hereby accordingly dissolved.
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Vestry of parish of Christ Church, in
Lancaster, dissolved.
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| And be it farther enacted, That the freeholders and
housekeepers of the said parish of Christ Church shall, before the fifth day of March next, meet
at some convenient time and place, to be appointed and publickly advertised by the sheriff of the
said county of Lancaster at least one month before such meeting, and then and there elect twelve
of the most able and discreet persons, being freeholders and resident in the said parish, for
vestrymen; which vestrymen so elected, having in the court of the said county of Lancaster taken
the oath prescribed by law, shall to all intents and purposes, be deemed and taken to be the
vestry of the said parish of Christ Church.
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| Provided, That any suit now depending, or hereafter to be
brought by or against the vestry or churchwardens of the said parish, may be prosecuted in the
same manner as if this act had never been made.
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CHAP. XXXIII.
An act for altering the court day of the
county of Washington.
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| WHEREAS by an act of general
assembly, intituled "An act for dividing the county of Fincastle into three distinct
counties, and the parish of Botetourt into four distinct parishes," it is enacted that the court
of the
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Court day of Washington county altered.
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| county of Washington shall be held on the last Tuesday in every month, which is found to
be very inconvenient to the inhabitants of the said county:
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| Be it therefore enacted by the General Assembly, That from
and after the first day of January next the court of the said county of Washington shall be held
on the third Tuesday of every month, any law to the contrary notwithstanding.
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CHAP. XXXIV.
|
| An
| act to empower the vestry of St. Patrick's parish in the
county of Prince Edward, to sell the glebe of the said parish, and to lay out the money in
purchasing a more convenient glebe.
|
|
| WHEREAS it is represented to this present general assembly, that
the glebe lands in the parish of St. Patrick, in the county of Prince Edward, are for the most
part worn out, and that the small part remaining uncleared is very inconveniently situated, and
not stocked with timber sufficient to keep up the necessary repairs, and that it would be very
advantageous to the minister of the said parish, as also to the inhabitants thereof in general if
the vestry of the said parish were empowered to dispose to the said glebe, and to lay out the
money arising from the sale thereof in purchasing other lands for a glebe: Be it therefore
enacted by the General Assembly, That the said glebe lands, with the appurtenances, be, and
the same are hereby vested in the vestry of the said parish, in trust; nevertheless, that the
said vestry, or the greater part of them, shall by deed or deeds of bargain and sale sell and
convey the said glebe, with the appurtenances, for the best price that can be got, to any person
or persons who shall be willing to purchase the same, to hold to such purchaser or purchasers,
his or their heirs and assigns, for ever.
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Vestry of St. Patrick's parish in Prince Edward, authorised to
sell their glebe.
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| And be it farther enacted, That the money arising by the
sale of the said glebe shall be by the said vestry laid out and applied towards purchasing a more
convenient glebe, for the use and benefit of the minister of the said parish for the time being
for ever.
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CHAP. XXXV.
An act for dissolving the vestries of the
parishes of Meherrin and St. Anne.
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| FOR repairing the streets in the town of Fredericksburg, in the
county of Spotsylvania, Be it enacted by the General Assembly, That the trustees and
directors of the said town, or the major part of them being assembled, shall, and they are hereby
empowered to levy and assess annually on the freeholders and inhabitants of the said town a tax
not exceeding seven shillings for every tithable person, and shall and may appoint one or more
collector or collectors of the said tax; and if any person or persons, on whom such tax shall be
assessed, shall neglect or refuse to pay the same at the time appointed for the payment thereof,
it shall and may be lawful for such collector to levy the same by distress and sale of such
delinquent's goods, in the same manner as is directed and prescribed by law in case of the
non-payment of publick and county levies.
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Trustees of Fredericksburg authorised to assess a tax on the
inhabitants, for the purpose of keeping the streets in repair.
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| The collector of the said tax, before he undertakes the same, shall
give bond and security, in a reasonable penalty, payable to the said trustees, for the due
collection and payment thereof, and in case to failure, shall be liable in the same manner as the
collectors of the county and parish levies are by law made liable.
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| And if the said trustees, or either of them, shall neglect or
refuse to apply the said taxes, when collected, to the purposes aforesaid, he or they so
offending shall
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| forfeit and pay the sum of fifty pounds to the informer, to be recovered with costs in
any court of record upon motion: Provided the defendant or defendants have ten days previous
notice thereof, in writing.
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| This act to continue and be in force until the first day of January
in the year of our Lord one thousand seven hundred and seventy nine.
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CHAP. XXXVII.
|
| An
| act to empower the trustees and feoffees of the town of
Fredericksburg to assess the expense of keeping the streets of the said town in repair, on the
inhabitants thereof.
|
|
| WHEREAS it is represented to this present general assembly, that it
would be of great advantage to the minister of the parish of St. Paul, in the county of Hanover,
as well as to the inhabitants thereof, to sell the glebe lands of the said parish, and to lay out
the money arising from such sale in the purchase of other lands for a glebe, Be it therefore
enacted by the General Assembly, That the said glebe lands, with the appurtenances, be, and
the same are hereby vested in the vestry of the said parish of St. Paul, in trust; that they, or
the major part of them, shall sell the said land at publick auction for the best price that can
be got, and convey the same to the purchaser or purchasers thereof, his or their heirs and
assigns, for ever.
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Vestry of parish of St. Paul, in Hanover,
authorised to sell their glebe.
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| And be it farther enacted, That the money arising from
such sale shall be by the said vestry laid out and applied towards purchasing a more convenient
glebe, for the use and benefit of the minister of the said parish for the time being for ever.
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