Pages 521-540 
|  Pages 567-592
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| Pages 521-540
| Pages 567-592
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| CHAP. XVIII. | ||
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| WHEREAS many persons who have counterfeited the paper currency do frequently escape the punishment due to their crimes, and this alarming evil daily increases and is become so enormous that the most fatal consequences are justly to be apprehended. | Preamble. | |
| And whereas criminal and dangerous combinations have been formed in some parts of the country, whereby the offenders may be rescued from the hands of justice if committed to the jail of the county where they reside; and whereas the unalienable privilege of trial of a jury of the vicinage, has, from the manner of summoning such juries, been abused, to the end therefore that an effectual remedy may be applied to these evils, Be it enacted by the General Assembly, That any person who hath forged, or counterfeited, altered, or erased, or shall forge, or counterfeit, alter, or erase, any bill or bills of credit, treasury notes, or loan office certificates of the United States, or any of them, and hath passed or tendered, or shall pass or tender such counterfeits in payment, or otherwise, knowing them to be so counterfeited, altered, or erased, or shall have in his custody or possession the presses, stamps, plates, or other instruments or materials necessary to be used in the fabrication of forged bills of credit, treasury notes, or loan office certificates, or having in his or her possession or custody such forged bills, notes, or certificates, with or without signatures, or having in his or her possession or custody such as were genuine bills of credit, treasury notes, or loan office certificates, but have been erased or altered, and wilfully concealing such presses, stamps, plates, instruments, or materials, signed or unsigned, altered, or erased bills, notes, or certificates, or shall be otherwise aiding, abetting, or assisting in such forging or counterfeiting, altering, or erasing, passing, or tendering, shall be deemed guilty of felony without benefit of clergy, and shall suffer death. | Further preamble. To forge, counterfeit, alter, or erase paper money, or bills of credit, trersury notes, or loan office certificates, or to pass such knowingly; or to have in possession plates, presses, &c. for making them death without clergy. |
| And be it farther enacted, That where any justice of the peace shall receive information upon oath charging any person or persons with any of the said crimes, and he shall have reason to believe that such person or persons (if he, she, or they, have his, her, or their examination in the court of the county where such offence was committed) would be rescued out of the jail of the said county, the said justice shall, with despatch and secrecy certify to the governour the truth of the case, or where the governour shall receive any information upon oath of any such offender or offenders, in either case it shall and may be lawful for the governour, with the advice of the council, to order out a body of armed horsemen, or to use such other means as may be judged best, to seize upon any such criminal or criminals, and to convey him, her, or them to the jail of any county in the commonwealth or to the publick jail, as he shall, with the advice aforesaid, think proper to direct in order to the examination of such offender; and the governour by his warrant shall order the sheriff of the county where such offender shall be committed, to summon the justices of the peace of the said county to meet at the courthouse thereof within twenty days after such commitment at farthest, who shall proceed to the examination of such prisoner or prisoners in the same manner as if the offence had been committed within the jurisdiction of such court. And where the offender shall be examined by the court of the county where the offence was committed, and shall by them be remanded for farther trial, the high sheriff of the county, or, in case of his being sick or absent from the county, the coroner shall in person before the rising of the court deliver in to them a list of thirty six respectable freeholders who are unconnected with the prisoner, from which list the court and the prisoner shall alternately strike out a name until it shall be reduced to twelve; and if the prisoner shall refuse to strike out as is here directed, the court shall strike twenty four from the list. And the clerk of the said county shall issue a writ of venire facias to the sheriff directing him to summon the twelve men so remaining on the list to appear at the place where the general court shall sit on the day to which criminal process for the ensuing session of the general court is returnable, under the penalty of one hundred pounds each, to be levied at the discretion of the said court. And where the offender shall be examined | Offenders, if danger of rescue, how apprehended, and conveyed to
jail of any county, or to public jail. How to be tried. |
| in any other county, and ordered for farther trial, the clerk of the court shall, under the penalty of one hundred pounds, within twenty days after such examination give notice thereof to the sheriff, or, in case of his being sick or absent from the county, to the coroner of the county where the criminal was apprehended, who shall within ten days at farthest summon the justices of the said county to meet at the courthouse, when the high sheriff shall deliver in a list as above directed, and any friend to the prisoner may strike off from the list twelve names; and if no person will on behalf of the prisoner strike off from the list then the court shall strike out twenty four, and a venire facias shall issue to summon the remaining twelve, who shall be obliged to appear at the day of trial under the penalty above specified. | |
| And whereas the offering rewards adequate to the risk that may attend the taking up any such person or persons charged as aforesaid, who may have escaped from justice, or who when charged and before examination have fled from their trial, may be a means of bringing such offenders to justice, Be it enacted, That the governour may, and he is hereby required by and with the advice of the council, to offer any sum or sums of money as a reward for apprehending and taking up any such person or persons as may be thought proper; for which said sums the governour by his warrant may draw on the treasurer of this commonwealth, who is hereby authorised and directed to pay the same out of any publick monies in his hand. | Rewards of apprehending counterfeiters. |
| And whereas many persons travel through this state under pretence of purchasing slaves and other commodities, and carry with them large sums of money, with design of throwing the same into circulation, Be it enacted, That when any justice of the peace shall have cause to suspect that any person has in his possession such counterfeited or forged money, it shall and may be lawful to and for the said justice, and he is hereby required to issue his warrant for apprehending and searching every such suspected person; and upon search being made if he shall be found to have wilfully concealed any counterfeited or forged bills of credit he shall be committed, and the same proceedings shall be had against him as is by this act directed to be had against any offenders described therein, but if no discovery can be made he shall be discharged and be at liberty | Duty of justice to cause persons, suspected of having counterfeited money, to be apprehended. |
| to proceed on his journey; and if any such justice shall be sued for any thing done in consequence of this act, he may plead the general issue, and give this act in evidence. | |
| And whereas it is absolutely necessary that some speedy and effectual method be taken to prevent the farther circulation of counterfeit money, Be it enacted, That the treasurer of this commonwealth for the time being, (having first taken an oath before some justice of the peace to do impartial justice therein according to the best of his judgment, and obtained certificate thereof) be, and he is hereby constituted and appointed the judge of all such counterfeit paper money as shall be tendered and offered in payment at the publick treasury; and he is hereby empowered and directed to deface each and every paper money bill so tendered or offered in payment which in his judgment shall have been counterfeited, erased, or altered, by writing the word "counterfeit" in large letters in the face thereof, where the owner or tenderer of the same shall not object to it; and in case of such objection he shall call to his assistance two of the auditors of the publick accounts, who having first taken the like oath, shall together with the treasurer determine by a majority of voices whether any such suspected bill hath been counterfeited, erased, or altered, or be genuine, according to which determination such bill shall or shall not be defaced as aforesaid. | Treasurer constituted judge of counterfeits, and authorised to deface counterfeit bills offered in payment. |
| And be it farther enacted, That the justices of every county of this commonwealth shall, at the first court to be held for their respective counties after the passing of this act, or so soon thereafter as it can conveniently be done, appoint two or more persons, not exceeding five, residing in the most convenient parts of the county, as examiners, who having taken the oath herein before prescribed, as well as the oath of fidelity to the commonwealth, and procured from the treasury, or otherwise, the best checks and marks of distinction in their power to obtain, are hereby constituted and declared judges within their respective counties of all such counterfeited paper money bills as shall be brought before them, or either of them; and they are hereby respectively required and directed to deface every bill so brought before them, or either of them, which shall in the judgment of the examiner or examiners before whom it shall be brought have been counterfeited, erased, or | County courts to appoint judges of counterfeits, who are also authorised to deface counterfeit bills. |
| altered, by writing the word "forged" in large letters upon the face of such bill; and where the owner of the same shall think himself aggrieved by such defacing he may transmit or produce the same to the treasurer for his opinion, who together with two of the auditors shall judge thereof and determine thereon in the same manner as is directed for such bills tendered in payment at the treasury, and if it shall appear to the treasurer and auditors that such bill hath been counterfeited, erased, or altered, the treasurer shall writ thereon the word "counterfeit" as before directed; but if they shall determine that the same is genuine, and not counterfeit, it shall and may be lawful for the said treasurer, and he is hereby required to receive the same into the treasury, and pay to the owner thereof other money equal in value to the said bill. | |
| And if any person tendering any bill or bills in payment which shall be objected to as counterfeit, erased, or altered, shall refuse at the request of the person to whom it shall be tendered to submit the same to the judgment and determination of such examiners, or any one or more of them, or when before such examiners or examiner shall refuse to produce such bill or bills, every person so refusing shall forfeit and pay treble the value of the same, to be recovered before any justice of the county where the refusal shall be so made if the penalty shall not exceed five pounds, and in any court of record in this commonwealth where it exceeds that sum, by bill, plaint, or information; one half to the use of the person who shall sue for the same, and the other half to the use of the parish where the offence shall be committed. | Penalty for refusing to submit bills to examination of judges. |
| All and every other law or laws within the purview of this act shall be, and they are hereby repealed. | |
| This act shall continue and be in force for one year, and from thence to the end of the next session of assembly, and no longer. |
| CHAP. XIX. | |
| An act for establishing several new ferries, and other purposes. | [Chan. Rev. p. 86.] |
| I. WHEREAS it is represented to this present general assembly, that publick ferries at the places hereafter mentioned will be of great advantage to travellers and others, Be it therefore enacted by the General Assembly, That publick ferries be constantly kept at the following places, and the rates for passing the same shall be as follows, that is to say: From the land of Abraham Shepherd, in the county of Berkeley, over Potowmack river, to the land of Thomas Swearingen in the state of Maryland, the price for a man six pence, and the price for a horse the same; from the land of James Devore, in the county of Yohogania, over Monongalia river, to the land of Joseph Parkerson, the price for a man six pence, and for a horse the same; and for the transportation of wheel carriages, tobacco, cattle, and other beasts, at any of the ferries aforesaid, the ferry-keepers may demand and take the following rates, that is to say: For every coach, chariot, or waggon, and the driver thereof, the same as for six horses, for every cart, or four wheeled chaise or chair, the same as for two horses, for every hogshead of tobacco as for one horse, for every head of neat cattle as for one horse, for every sheep, goat, or lamb, one fifth part of the ferriage of one horse, and for every hog one fourth part of the ferriage of one horse, according to the prices herein before settled at such ferries respectively. And if any of the said ferry-keepers shall presume to demand or receive from any person whatsoever any greater rates than is hereby allowed, he, she, or they, for such offence, shall forfeit and pay to the party grieved the ferriage demanded or received, and ten shillings, to be recovered with costs before any justice of the peace where the offence shall be committed. | New ferries established. Rates. |
| II. And whereas the rates for passing the several publick ferries, as by law established, are found insufficient to enable the ferry-keepers to provide proper boats and hands for the immediate passage of publick expresses and others, Be it therefore enacted by the General Assembly, That the court of every county wherein any | County courts authorised to fix the rates, at ferries, annually. |
| ferries have been either established by law or appointed by the court, shall, and they are hereby directed and empowered, at their respective courts to be held in the month of March annually, or at their next succeeding court, to set and fix the rates for passing such ferries, and moreover to order and direct what boat or boats, and the number of hands, which shall be kept at each ferry. And the keeper thereof shall within one month after the rates shall be fixed as aforesaid, give bond with one security in the court of the county in such penalty as the court shall direct, with condition that he will duly keep such ferry, or cause the same to be kept, and will give immediate passage to all publick messengers and expresses when required. Every ferry-keeper neglecting or refusing to give such bond, or to cause the same to be given in his behalf, shall forfeit and pay ten pounds for every months refusal or neglect, to the use of the commonwealth, recoverable with costs by action of debt or information in any court of record. | ||
| III. And be it farther enacted, That so much of an act intituled "An act for the settlement and regulation of ferries, and for despatch of publick expresses," and all and every other act or acts as come within the meaning of this act, shall be, and the same are hereby repealed. | ||
 CHAP. XX. | ||
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| WHEREAS the taxes collected by virtue of the act intituled "An act for raising a supply of money for publick exigencies," are not sufficient to answer the purposes of the said act, and whereas great inequality and injustice have arisen from the various opinions of assessors in the same county in the valuation of taxable property. |
| For remedy whereof, Be it enacted by the General Assembly, That in aid of the taxes imposed by the above recited act an additional rate or tax of twenty shillings for every hundred pounds value shall be paid for all manors, messuages, lands, and tenements, slaves, mulatto servants to thirty one years of age, horses, mules, and plate, on the first day of August one thousand seven hundred and seventy nine, and the like additional tax or rate shall be paid on the said first day of August, in each of the five next succeeding years, by the owner or proprietor of such estates respectively; that a rate or tax of thirty shillings, including the former tax upon money, for every hundred pounds, shall be paid for all money exceeding five pounds which shall be in the possession of one person on the first day of May in each of the five next succeeding years; that an additional rate or tax of four shillings for every pound of the amount of all annuities, including the quitrents payable to the proprietor of the Northern Neck, except those in lieu of dower, and such as have been or shall be settled by the general congress, or the assembly or convention of this commonwealth, as a provision for wounded soldiers or their families, be paid by the annuitant respectively on the said first day of August in each of the said six years; that an additional tax or duty of twenty shillings per wheel upon all riding carriages, one shilling per head on all neat cattle, and ten shillings per poll upon all tithables above the age of twenty on years (except soldiers, sailors, parish poor, and such as receive an annual allowance in consideration of wounds or injuries received in the publick service) except also slaves, and mulatto servants to thirty one years of age, who, being property, are rated ad valorem as aforesaid, shall be paid by the owner or person enlisting such carriages and tithable respectively, on the said first day of August in each of the said six years; that an additional tax of six pounds for every ordinary license shall be paid down to the clerk of the county or corporation court at the time of granting such license, from the time of passing this act until the first day of December one thousand seven hundred and eighty four; that an additional tax or rate of twenty shillings for every hundred pounds of the neat income of all offices of profit be paid on the said first day of August one thousand seven hundred and seventy nine, and each of the five next succeeding years; that | Additional taxes, and subjects of taxation. |
| an additional tax or duty of one shilling per gallon be paid for all spirituous liquors hereafter to be distilled in this commonwealth, to be paid by the distiller, or distilled in any other of the United American States, and imported into this, by land or water, at any time before the said first of December one thousand seven hundred and eighty four, to be paid by the importer; and that every person who hath not taken the oath or affirmation of allegiance to this state, required to be taken by an act intitled "An act to oblige the free male inhabitants of this state above a certain age to give assurance of allegiance to the same, and for other purposes," and shall not take the same before the first day of May next, and who shall fail to produce to the assessors in his hundred a certificate of his having taken such oath or affirmation, shall pay treble the several rates and taxes imposed by this and the above recited act, for such property and tithables hereby subject to taxation as he shall be owner of, or shall be in his family; which several rates and taxes hereby imposed shall be assessed, collected, accounted for, and applied in the same manner as the rates and taxes imposed by the aforesaid recited act is directed. | |
| And for forming some rule for the direction of the commissioners and assessors, It is farther enacted, That the several commissioners in each county shall, before the day to be appointed for the assessors to enter on their office, call together, at some convenient place within their respective counties, the several assessors of the same, who shall consult together and form some general mode which they shall pursue in rating the several articles of taxation. | Commissioners & assessors to meet and confer together, & adopt some general mode of valuation. |
| Provided always, That there shall not be more than sixteen assessors appointed in any one county. | Number of assessors limited. |
| And whereas, by the restraint of the number of assessors in this act, their business may be greatly increased, and the provision made by the before recited act for their trouble be inadequate to their services, Be it enacted, That it may and shall be lawful for the commissioners in each county to settle what satisfaction shall be made to each assessor for his extraordinary trouble, so as such allowance shall not be more than five pounds above what is allowed by the said recited act. | Commissioners to fix compensation for extraordinary trouble of assessors. |
| And be it farther enacted, That where a recovery shall be had against any sheriff or collector for failure | Damages against sheriffs for failing to pay. |
| in the payment of the monies arising from the rates or taxes imposed by this or the above recited act, he shall be accountable in damages at the rate of twenty per centum per annum for all monies which he shall so fail to pay. | |
| And whereas by the above recited act the treasurer is restrained from paying the quota of this commonwealth required by the general congress till the accounts of this state against the United States are settled, which may be attended with bad consequences, Be it enacted, That the said treasurer is hereby empowered and required to pay the said full quota when it shall be demanded, any thing in the said act to the contrary notwithstanding. | Treasurer authorised to pay this state's quota to congress when demanded. |
| And be it farther enacted, That the court of each county shall, at their court to be held in the mouth of April or May one thousand seven hundred and seventy nine, and each of the five following years, take bond with sufficient security of the sheriff or collector, in a penalty equal at the least to what may be the whole amount of the taxes imposed by this and the above recited act, in the judgment of the court of the county, using the best means in their power to inform themselves of such amount. | Bonds to be given by sheriffs. |
| And be it farther enacted, That no person hereafter elected or appointed a commissioner or assessor, being a member of either house of assembly, shall be subject to the penalty imposed on those who refuse to act; but the acceptance of the office of a commissioner or assessor shall vacate the seat of any person so accepting in either house of assembly. | Members of assembly accepting office of commissioner or assessor, vacate their sets. |
| And whereas by the said act intituled "An act for raising a supply of money for publick exigencies," it was enacted, that the commissioners for the several counties, after examining, adjusting, and certifying the accounts of the collection with their respective sheriffs, and making the proper deductions for allowances to themselves, the clerks, and the assessors, should enter the same in their book, and transmit to the treasurer a copy of such entry, and it may be necessary, for the future information of the general assembly, that the said entries, and copies thereof transmitted, be made in a more special and distinct form, that so the amount of the assessment on the several species of taxable property may be separately and distinctly known, and also the amount of the additional taxes paid by nonjurors, | How books of commissioners and assessors to be made out. |
| Be it farther enacted, That the said entry, and copy transmitted, shall in future, during the continuance of the said act, be formed into seven different columns, in one of which shall be stated the amount of the assessment of landed property, in another that on slaves, in another that on plate, in another that on coin, in another that on paper currency, exclusive of loan office certificates, in another that on stocks, and in another that on the residuum of taxable articles, which sums stated in the said columns shall include a single taxation only on nonjurors; and that, separate and apart from this, shall be stated in like manner the amount of the additional taxes paid by such nonjurors; and at the foot of the whole shall be stated, in separate articles also, the deductions for allowances to themselves, to the clerks, and to the whole assessors: Which copy, so made out, they shall transmit immediately to the board of auditors, instead of that by the said act directed to be transmitted to the treasurer, for enabling them to call upon the sheriff for the balance due, and to state to the succeeding assembly a general account, in like distinct manner, of the amount of the assessment on the said taxable articles respectively in the several counties. | |
| Whereas by the treaty of commerce entered into between His Most Christian majesty the King of France and the United States of America, it is amongst other things stipulated, that every commodity to be exported from any of the said states for the sue of the French West India islands shall be free from any duty or impost, and whereas, by the before recited act, a tax or duty of ten shillings is laid on every hogshead of tobacco to be exported from this commonwealth, Be it therefore enacted, That all tobacco cleared out at any of the naval offices of this commonwealth, to be exported for the use of any of the West India islands belonging to His Most Christian Majesty, shall be, and they are hereby exempted from any duty or tax imposed thereon by the said act, any thing therein contained to the contrary thereof notwithstanding. | Tobacco exported to French West India islands, exempted from duty. |
| And whereas many good people of this commonwealth, who are well affected to the cause of their country, were prevented taking the oath of allegiance by the negligence of the magistrates, whereby they have been subjected to the penalty of a double tax, as prescribed by an act requiring all the free male inhabitants | Persons friendly to the cause of liberty, who have been prevented from taking the oath of allegiance, |
| of this state to give assurance of fidelity and allegiance to the same, Be it therefore enacted, That all and every person or persons who hath or have been so subjected to the payment of a double rate or tax as aforesaid, by means aforesaid, and shall make it appear to the commissioners of their respective counties that they have since taken the oath prescribed by law, and that they now are and always have been true and faithful friends to the cause of liberty and their country, shall be reimbursed all such sums of money by them paid over and above their just tax, and the same shall be deducted out of their taxes for the succeeding year by the collectors of their respective counties, upon certificate being had from the commissioners of their said counties for that purpose. And the said commissioners are hereby directed to hold a court or courts for the purpose above mentioned, and shall give notice of the same within their said counties as often as they shall think fit and necessary, so that the said court or courts are held between the time of passing this act and the first day of July next. | and thus subjected to a double tax, how relieved. | |
| And be it farther enacted, That so much of the aforesaid recited act as is contrary to the meaning of this act, be, and the same is hereby repealed. | ||
| CHAP. XXI. | ||
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| WHEREAS by a successful expedition carried on by the Virginia militia, on the western side of the Ohio river, several of the British posts within the territory of this commonwealth, in the country adjacent to the river Mississippi, have been reduced, and the inhabitants have acknowledged themselves citizens thereof, and taken the oath of fidelity to the same, and the good faith and safety of the commonwealth require that the said citizens should be supported and protected by speedy and effectual reinforcements, which will be the | Preamble, reciting the reduction of the British posts, on the western side of the Ohio river, adjacent to the Mississippi. |
| best means of preventing the inroads and depredations of the Indians upon the inhabitants to the westward of the Allegheny mountains; and whereas, from their remote situation, it may at this time be difficult, if not impracticable, to govern them by the present laws of this commonwealth, until proper information, by intercourse with their fellow citizens, on the east side of the Ohio, shall have familiarised them to the same, and it is therefore expedient that some temporary form of government, adapted to their circumstances, should in the mean time be established: | |
| Be it enacted by the General Assembly, That all the citizens of this commonwealth who are already settled, or shall hereafter settle, on the western side of the Ohio aforesaid, shall be included in a distinct county, which shall be called Ilinois county; and that the governour of this commonwealth, with the advice of the council, may appoint a county lieutenant or commandant in chief in that county, during pleasure, who shall appoint and commission so many deputy commandants, militia officers, and commissaries, as he shall think proper in the different districts, during pleasure, all of whom, before they enter into office, shall take the oath of fidelity to this commonwealth and the oath of office, according to the form of their own religion, which the inhabitants shall fully, and to all intents and purposes enjoy, together with all their civil rights and property. And all civil officers to which the said inhabitants have been accustomed, necessary for the preservation of peace and the administration of justice, shall be chosen by a majority of the citizens in their respective districts, to be convened for that purpose by the county lieutenant or commandant, or his deputy, and shall be commissioned by the said county lieutenant or commandant in chief, and be paid for their services in the same manner as such expenses have been heretofore borne, levied, and paid in that county; which said civil officers, after taking the oaths as before prescribed, shall exercise their several jurisdictions, and conduct themselves agreeable to the laws which the present settlers are now accustomed to. And on any criminal prosecution, where the offender shall be adjudged guilty, it shall and may be lawful for the county lieutenant or commandant in chief to pardon his or her offence, except in cases of murder and treason; and in such cases, he may respite | County of Ilinois established. Temporary government established. Religion of inhabitants respected. Also their civil institutions. |
| execution from time to time, until the sense of the governour in the first instance, and of the general assembly in the case of treason, is obtained. But where any officers, directed to be appointed by this act, are such as the inhabitants have been unused to, it shall and may be lawful for the governour, with the advice of the council, to draw a warrant or warrants on the treasury of this commonwealth for the payment of the salaries of such officers, so as the sum or sums drawn for do not exceed the sum of five hundred pounds, any thing herein to the contrary notwithstanding. | |
| And for the protection and defence of the said county and its inhabitants, Be it enacted, That it shall and may be lawful for the governour, with the advice of the council, forthwith to order, raise, and levy, either by voluntary enlistments, or detachments from the militia, fie hundred men, with proper officers, to march immediately into the said county of Ilinois, to garrison such forts or stations already taken, or which it may be proper to take there or elsewhere, for protecting the said county, and for keeping up our communication with them, and also with the Spanish settlements, as he, with the advice aforesaid, shall direct. And the said governour, with the advice of the council, shall from time to time, until farther provision shall be made for the same by the general assembly, continue to relieve the said volunteers, or militia, by other enlistments or detachments, as herein before directed, and to issue warrants on the treasuser of this commonwealth for all charges and expenses accruing thereon, which the said treasurer is hereby required to pay accordingly. | Military force, for their protection. |
| And be it farther enacted, That it shall and may be lawful for the governour, with the advice of the council, to take such measures as they shall judge most expedient or the necessity of the case requires, for supplying the said inhabitants as well as our friendly Indians in those parts, with goods and other necessaries, either by opening a communication and trade with New Orleans, or otherwise, and to appoint proper persons for managing and conducting the same on behalf of this commonwealth. | Goods, how supplied to inhabitants, and friendly Indians. |
| Provided, That any of the said inhabitants may likewise carry on such trade, on their own accounts, notwithstanding. |
| This act shall continue and be in force, from and after the passing of the same, for and during the term of twelve months, and from thence to the end of the next session of assembly, and no longer. | Limitation of act. | |
| CHAP. XXII. | ||
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| WHEREAS it hath been represented to this present general assembly, that Thomas Walker, esq; Joseph Black, and Samuel Briggs, have engaged to give one hundred and twenty acres of land in the county of Washington, where the courthouse of the said county now stands, agreeable to a survey thereof made by Robert Doach for the purpose of establishing a town thereon, and for raising a sum of money towards defraying the expenses of building a courthouse and prison, agreeable to which part of the said land has been laid off, and several lots sold, and buildings erected thereon; and whereas it would tend to the more speedy improvement and settling the same, if the freeholders and inhabitants thereof could be entitled to the same inhabitants of other towns in this state, Be it enacted by this present General Assembly, That the said one hundred and twenty acres of land, agreeable to a survey thereof made, relation thereto being had may more fully appear, be, and the same is hereby vested in fee simple in Evan Shelby, William Campbell, Daniel Smith, William Edmondson, Robert Craig, and Andrew Willoughby, gentlemen, trustees and shall be established a town by the name of Abingdon. | Town of Abingdon, in Washington county established. | |
| And be it farther enacted, That the said trustees, or any three of them, shall, and they are hereby empowered to make conveyances to the purchasers of any lots already sold, or to be sold, agreeable to the condition of the contracts; and may also proceed to lay off such | Lots, how disposed of. |
| other part of the said land as is not yet laid off and sold, into lots and streets, and such lots shall be sold by the said trustees at publick auction for the best price that can be had, the time and place of sale being previously advertised at least three months before, on some court day at the courthouse of that and the adjacent county, the purchasers respectively to hold the said lots subject to the condition of building on such lots a dwelling house at least twenty feet long and sixteen feet wide, with a brick or stone chimney, to be finished within four years from the day of sale; and the said trustees, or any three 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 receive the monies arising from such sale, and pay the same to the order of the court of Washington county, towards defraying the expenses of their publick buildings, and the overplus, if any, to be applied in repairing the streets of the aforesaid town. | Conditions. |
| 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 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 freeholders of the said town 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 individually vested with the same power and authority as any one in this act particularly mentioned. | Power of trustees, as to boundaries, &c. |
| And be it farther enacted, 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 and conveyances, 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 corporated by charter, have, hold, and enjoy. | Privileges of inhabitants. |
| And be it farther enacted, That if the purchasers of any lots sold by the said trustees shall fail to build thereon within the time before limited, the said trustees, or the major part of them, may thereupon enter into | Lots forfeited, by failure to improve. |
| 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. | |
| And be it farther enacted, by the authority aforesaid, That the trustees of the said town, and their successours for the time being, shall, and they are hereby authorised and empowered by that name, to sue and implead either in the court of the said county or the general court, any person or persons who shall commit a trespass on the streets of the said town, or lands which may have been appropriated for the use of the inhabitants thereof. All sums of money to be recovered by virtue hereof shall be applied by the said trustees towards repairing the streets of the said town. | Power of trustees, to prevent trespasses. |
| Provided always, That nothing herein contained shall be construed to affect the legal rights of any person holding lands adjoining the said town. | |
| CHAP. XXIII. An act appointing the place for holding the Court of Appeals. | |
| WHEREAS by the act constituting the court of appeals, the said court is to be held at such place as the legislature shall direct, and no place hath as yet been appointed for that purpose, 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 to the end of the session then next ensuing, the said court shall be held at the capitol in the city of Williamsburg. | Court of appeals
is to be held at Williamsburg. The text in blue is my guess for what is missing from my copy. |
| CHAP. XXIV. | ||
| ||
| WHEREAS from the great increase in the prices of all the necessaries of life, the allowance heretofore made to the delegates of this commonwealth in congress, is inadequate to the purpose of supporting them in a manner equal to their high station, Be it enacted by the General Assembly, That each delegate for every day he shall attend shall receive five dollars, and also one sixth of a dollar per mile going and the same returning, in addition to the allowance settled by law, to be paid wherever congress shall be sitting, by the treasurer of this commonwealth out of any publick money which shall be in his hands. | Wages of members of congress enacted. | |
| CHAP. XXV. | ||
| An act for altering the place of holding courts in the county of Spotsylvania. | ||
| WHEREAS it is represented to this general assembly, that the present situation of the courthouse in the county of Spotsylvania is inconvenient to the inhabitants thereof, and ought to be removed to some other place near the centre, Be it therefore enacted by the General Assembly, That the justices of the said county of Spotsylvania shall, on or before the first day of march next, provide for building a courthouse, prison, pillory, and stocks, at or as near the centre of the said county as convenience will admit; and that, after such buildings shall be completed, a court for the said county shall be constantly held at such place. | Court house of Spotsylvania removed. |
| Provided, That the appointment of a place to erect such buildings shall not be made unless a majority of the justices be present. | ||
| CHAP. XXVI. | ||
| ||
| FOR adding part of the county of Buckingham and parish of Tillotson to the county of Cumberland and parish of Littleton, Be it enacted by the General Assembly, That all that part of the said county of Buckingham and parish of Tillotson that lies on the east side of the road leading from Cannon's ferry on James river to the line of Cumberland county, shall be added to and made part of the said county of Cumberland and parish of Littleton. | Part of county of Buckingham added to county of Cumberland. | |
| Provided always, That nothing herein contained shall be construed to hinder the sheriff or collector of the said county of Buckingham and parish of Tillotson from collecting and making distress for any levies, taxes, or officers fees, which may be due and unpaid by the inhabitants thereof, but such sheriff or collector may collect and distrain for the same, and be answerable for them in like manner as if this act had never been made. | ||
| Provided also, That nothing herein contained shall be construed to hinder the court of the said county of Buckingham, and vestry of the parish of Tillotson, from laying their respective levies for this present year upon that part of the inhabitants of the said county and parish hereby added to the said county of Cumberland and parish of Littleton; and that the sheriff of the said county of Buckingham, and collector of the said parish of Tillotson, shall collect and account for the same in like manner as if this act had not been made. |
| CHAP. XXVII. | |||
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| TO prevent hogs going at large in the town of Mecklenburg, in the county of Berkeley, Be it enacted by the General Assembly, That if any swine belonging to any inhabitant of the said town shall be found running or going at large within the limits thereof, it shall and may be lawful for any person whatever to kill or destroy every such swine so running at large. | Hogs not to run at large in town of Mecklenburg (called Shepherd's town) in county of Berkeley. | ||
| Provided always, That such person shall not convert any such swine to his or her own use, but shall leave the same where it shall be so killed, and give immediate notice to the owner thereof, if known, if not, then such person shall immediately inform the next justice of the peace thereof, who may order the same to the use of any poor person or persons he shall think fit. | |||
| Provided also, That nothing herein contained shall be deemed or taken to hinder any person or persons from driving any swine to or through the said town or limits thereof in order to sell the same, or in their removal from one plantation to another. | |||
| CHAP. XXVIII. | |||
|
[Chan. Rev. pa. 87.] | ||
| I. BE it enacted by the General Assembly, That upon the death, removal out of the country, or other legal disability of any one or more of the trustees and directors of the several towns within this state not incorporated, such vacancy, so often as the same shall happen, shall hereafter be supplied in manner following, | Vacancies in Trustees in unincorporated towns, how supplied. |
| that is to say: The surviving trustees and directors, or one of them, shall give immediate notice of such vacancy to the sheriff of the county wherein such town may be, who within twenty days thereafter shall notify the same to the freeholders of the said town in such manner as he may think best, requiring them to appear at a certain place therein, and on a certain day, not less than ten days thence next following, then and there to elect a trustee in the room of the one so dying, removing, or disabled. The sheriff shall attend and take the poll at such election, entering the names of the persons voted for in a distinct column, and the name of every freeholder giving his vote under the name of the person he votes for; and when no freeholders appear to vote the sheriff shall close the poll, and return the same to the next court to be held for his county upon oath, certifying the name of the person elected, to be by the clerk recorded. | ||
| II. Every person elected in manner directed by this act, shall, to all intents and purposes, be a trustee of the town for which he was chosen. | ||
| III. So much or all acts of assembly as are contrary to the purview and meaning of this act, are hereby repealed. | ||
| CHAP. XXIX. | ||
| ||
| WHEREAS the inhabitants of this commonwealth, and those of the state of North Carolina, have settled themselves farther westward than the boundary between the said two states hath hitherto been extended, and it becomes expedient, in order to prevent disputes among | Commissioners to extend the boundary line between Virginia and North Carolina. | |
| ||
| * In pursuance of this act Thomas Walker and Daniel Smith were appointed commissioners, whose report, preserved among the governor's communications to the general assembly, of 1780, is in the following words: | ||
| This footnote continues on the following pages and concludes on page 564. |
| such settlers that the same should be now farther extended and marked, Be it therefore enacted by the General Assembly, That two commissioners shall be appointed | |||||
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Report of Commissioners. | ||||
| We the subscribers proceeded to run the said Line. − The Gentlemen from North Carolina did not meet us so soon as had been agreed; and after they came, many accidents happened which protracted the Business. The place where Messrs. Fry and Jefferson ended their line, on Steep Rock Creek, could not be found, owing, we suppose, to so much of the Timber thereabout being since dead. We proceeded to observation in order to fix upon the spot on Steep Rock Creek where we should begin. On Monday 6th September 1779, having agreed with the Carolina Gentlemen in Observation, the following Memorandums were entered on their Journal as well as ours, as proper preliminaries agreed upon, Necessary for fixing this lien, vis. "That the Sun's Meridian Altitude was this day Fifty nine degrees fifty two minutes − that this place of Observation was one Minute and twenty five seconds North of the proper latitude, or one Mile two hundred and one poles and an half−That at Steep Rock we were in superficial measure 329 Miles West of Currituck Inlet; That there should be an Abatement of twelve Miles for mountainous and uneven ground, or that we were 317 Miles or five degrees forty two Minutes West of Currituck Inlet, that a degree of Longitude in this Latitude was 48 23 geographic Miles or of Statute Miles 55 and 1083 yards. That Currituck Inlet was in 75° 30' West Longitude, this being the average of three different accounts, and of course that the Longitude we were then in was 81° 12' West of London." We measured off the one Mile and 20 ½ poles and a due South course, and the beginning of the line was thus fixed to the satisfaction of all. We should not have troubled you with these particulars, but for some subsequent events which make us think it our duty. After running the line as far as Carter's valley 45 Miles West of Steep Rock Creek the Carolina Gentleman conceived the Line was farther South than it ought to be, and on trial, it was found that the Variation of the Needle had altered a little, which must have happened very lately, and was owing, we believe, to our being just then near some Iron Ore; because on observing the sun's Meridian Altitude the line was not too far south. As the Carolina Gentlemen, by their Observations, made out otherways, they proposed that the Surveyors, on each side, should observe and fix the Latitude. This was agreed to by one of us, influenced by a knowledge of a small Change of the variation, and was not dissented to by the other, as most of the Observations on the part of Virginia had been made by him. But quite contrary to our expectations, they agreed we were more than two Miles too far South of the proper Latitude, which distance was measured off directly North, and the line ran Eastward from that place superintended by two of the Carolina Gentlemen, and one of us, while from the same place it was continued Westwardly, superintended by the others for the sake of expediting the business. The Instruments proper for ascertaining the Latitude, were mostly taken back on the eastern | |||||
| This footnote began on page 561 and concludes on page 564. |
| by joint ballot of both houses of assembly, who shall have authority to meet with others to be appointed on the part of the said state of North Carolina, and | |
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| part of the line, in order that those who superintended it, might be farther satisfied; but after going back more than twenty miles, and observing every day on this line, his judgment was unalterably fixed that this line was wrong, although the Carolina Gentlemen could not seem to be of this opinion, and he returned and overtook his Colleague on the Western part of the Line on Black Water Creek or thereabouts, to whom he imparted his sentiments, proposing that he also should observe for some days − which he did. − The result was that we concluded our first line right, and we brought it up accordingly from Carter's Valley where it had been left and continued on with it to the Westward. | |
| It was once after this proposed by us, and agreed to by the Carolina Gentlemen, that as we differed so much in observation we would each run his own line, encamp as near together as we could and let future observers, hereafter to be appointed, determine which was right; which might be done at a small expence. But this they afterwards declined, altho' they carried their line as far as Cumberland Mountains protesting against our line. − This protest was received in a letter after we had crossed Cumberland Mountain. We continued however as far as the Clear fork, being 123¾ Miles from Steep Rock Creek, marking a Poplar and two Hackberry trees with Initials of our names and with November 22d 1779 and had serious thoughts of going no further. But when we considered that, perhaps, three fourths of the whole expence was already incurred, that a number of People were settling to the Westward, who imagined they were in North Carolina, while we thought they were on the Lands reserved for our Officers and Soldiers; − These, and some more of the like considerations, made us think it more conducive to the good of the State in general that we should keep on, than that we should return. But as the Season was far advanced, and the Country before us, as far as it was known, was very Mountainous and barren not yielding a sufficient quantity of Cane for our pack Horses, which for some time had been their principal support; these, among other reasons, made us judge it best to leave off running the line here, and go farther to the Westward, into a better Country, where by reason of many People being about to settle, it might be of importance to run the line speedily. The Map will shew our rout to a place on Cumberland River, where we built Canoes to carry our Luggage and rest the Pack Horses, which were too much reduced to do service that way. And here, to add to the number of our difficulties and misfortunes, we were froze up more than forty days in a River never known to be frozen before. We went by water from this place until we got into the proper Latitude (as we judge one hundred and nine miles West of the Clear fork,) and began the line on two Beech trees marked with our Names and Feb'y 25, 1780, on the West Bank of Cumberland River, a Creek coming in about a Mile above us on the West side, and another one some what smaller about half a Mile below us on the East side. From this place we extended the line across the Heads of Green River and Red River, through a Country called the Barrens from there being little or no timber in it, in many places; crossed the Cumberland again at 131 Miles, where there is a clift on the North East side, and a bottom about three quarters of a mile broad on the other side, and at the end of one hundred and forty | |
| This footnote began on page 561 and concludes on the following page. |
| proceed to extend and mark the line between this commonwealth and the state of North Carolina, beginning where Joshua Fry and Peter Jefferson, commissioners from Virginia, together with others from North Carolina, formerly appointed to run the said line, ended their work, and if hat be found to be truly in the latitude of thirty six degrees thirty minutes north then to run from thence due west to Tenasee river, or if it be found not truly in the said latitude, then to run from the said place due north or south into the said latitude, and thence due west to the said Tenasee river, correcting the said course at due intervals by astronomical observations. If either of the commissioners so to be appointed shall decline or be unable to go through the duties of his appointment, the governour and council shall appoint some other to act in his stead: The said commissioners shall nominate such skilful surveyor to execute their directions, and such other attendants, as shall be necessary, and shall endeavour to procure the most accurate instruments, which, if injured in the said service, shall be made good at the publick expense, or wholly paid for, at the election of the proprietor; if borrowed from an individual, or of such other person or persons, as shall have authority to make such election, if borrowed from any seminary of learning. Each commissioner shall be allowed for his trouble herein fifty shillings per day, for every day he shall attend, each surveyor, with the chain carriers and other attendants, shall be allowed such sums as the commissioners | |
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| miles, one quarter and eight poles from the two Beech trees, on the twenty third day of March found ourselves on the Bank of the Tennessee River, and of course had run the line as far Westward as we were authorized to do, notwithstanding the Hardships and difficulties we had to contend with. − One of us kept through the woods with the Surveyor, while the other went down by water, by which means a tolerable Map of the Cumberland River is taken; a fine River being navigable at least 700 Miles from the mouth upwards. When we met with orders from his Excellency the Governor to do another piece of service, which we suppose he has made you acquainted with. | |
| We have also since seen Col. Henderson one of the North Carolina Commissioners, who with another of his Colleagues has been examining our line, and he has repeatedly given us much reason to believe their State will establish the line as we ran it. | |
| |
| [From a paper, filed in the clerk's office of the House of Delegates, among the Governor's Communications, 1780.] | |
| This footnote began on page 561, and concludes here. |
| shall certify they respectively ought to receive, and be paid by the treasurer of this commonwealth out of any publick money in his hands, together with the allowance to the commissioners as aforesaid; and the said commissioners are hereby directed to make report of their proceedings to the general assembly. | ||
| And whereas, from the hostile disposition of the Indian nations, it may be unsafe for the commissioners and their attendants to proceed on the business hereby directed, without a sufficient guard to protect them, Be it farther enacted, That the governour, with the advice of the council, shall, on application of the commissioners so to be appointed, direct and order a sufficient number of officers and men to be raised for that purpose, by voluntary enlistment, or if that cannot be done, then to be furnished from the militias of such counties as shall be convenient, to attend the said commissioners as a guard and for their safe conduct in the prosecution of the business by this act directed, shall order them a sufficient number of tents and camp utensils, and shall appoint a commissary to furnish necessary provisions during the time they shall be employed for the purposes aforesaid; which commissary shall, previous to his entering on the execution of his office, give bond with sufficient security for the faithful performance of his duty, and shall receive for his services such allowance as is given to other commissaries of this commenwealth. | Guard to protect them from the Indians.
Camp equipage and commissary. | |
| CHAP. XXX. | ||
| ||
| WHEREAS, from the present high prices of all commodities, it is certain that the pay allowed the officers and soldiers in the service of the United States of America will by no means enable them to procure the comforts or even the necessaries of life; and whereas it | Preamble. |
| is also certain that both officers and soldiers have, by devoting themselves entirely to the cause of the liberties of mankind, not only neglected the opportunity of increasing, but have much injured the fortunes they were possessed of at the time they entered into the service, in order therefor e to show the grateful sense the people of this state have for these brave officers and soldiers, as well as to enable and encourage them to persevere in such laudable exertions, Be it enacted by the General Assembly, That each officer and soldier belonging to this state, and now in the service of the United States, shall be presented with six months pay out of the publick treasury, to be remitted to them in such manner as the governour, with the advice of the council, shall think proper. And whereas there are a variety of articles, which by custom and habit are become almost the necessaries of life, for want of which our troops in the field have suffered very great inconveniencies: | Officers and soldiers resented with six months pay. |
| For remedy whereof, and to render the situation of the officers and soldiers are comfortable as possible, Be it farther enacted, That they shall, during their continuance in the service, be furnished by the agent or commissary of stores in behalf of this state with the following necessaries, in addition to those particularly specified by a former act, which the governour, with the advice of the council, is hereby empowered and required to procure and send forward, with the utmost expedition, that is to say, wine at five dollars per gallon, green tea at four dollars per pounds; bohea at two dollars per pound, coffee at two shillings and six pence per pound, chocolate at half a dollar per pound, loaf sugar at two shillings and eight pence per pound, brown sugar at one shilling per pound. | Groceries to be furnished them at stipulated prices. |
| And whereas there are many officers and soldiers, who, though bound by the tenderest connections, have freely relinquished the blessings of domestick felicity to preserve the liberties of their country, and many such officers and soldiers have been, and may be, by the chance of war, slain or die, to the great distress of their families, for providing therefore for the family of such officers and soldiers, Be it farther enacted, That the widow of every such officer and soldier shall, during her natural life, be entitled to and receive half the pay that her husband was entitled to when in the service. | Pensions to widows of officers and soldiers slain or who die
in the service. |
| Provided, That so much of this act as relates to the present to be hereby made to the soldiers, shall not extend to those whose times of service will expire in January next, unless such soldiers will enlist for three years or during the war. |
| Pages 521-540
| Pages 567-592
|