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AT A
GENERAL ASSEMBLY,
BEGUN AND HELD
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| At
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the Capitol in the City of Williamsburg,
on Monday the fourth day of October,
in the year of our Lord one thousand
seven hundred and seventy nine, and
in the fourth year of the commonwealth.
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Thomas Jefferson, esq. governor.
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CHAP. I.*
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| An
| act for providing a great seal for the commonwealth, and
directing the lesser seal of the commonwealth to be affixed to all grants for land, and to
commissions, civil and military.
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[Chan. Rev. p. 107.]
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| I. BE it enacted by the General Assembly, That the
governour, with the advice of the counicl, be empowered, and he is hereby required, to provide,
at the publick charge, a great seal for the commonwealth, and to procure the same to be engraved,
either in America or Europe, with the same device as was directed by the resolution of
convention, in the year one thousand seven hundred and seventy six; save only that the motto on
the reverse be changed to the word PERSEVERANDO.
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Great seal to be provided by executive; device and motto of.
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| * In the original none of the acts of
this session are numbered by chapters, nor are they separated by sections.
−− Such only as were published in the Chan. Rev. will be so noted in this edition.
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| II. And be it farther enacted, That the seal which hath
been already provided by virtue of the said resolution of convention, be henceforward called the
lesser seal of the commonwealth, and that the said lesser seal be affixed to all grants for
lands, and to all commissions, civil and military, signed by the governour: Provided
nevertheless, That all such commissions heretofore signed and issued, without affixing the
seal, shall be good and valid.
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Lesser seal, to what acts affixed.
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CHAP. II.
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| An
| act for giving farther time to officers and soldiers to
ascertain their claims to lands.
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| WHEREAS many officers and soldiers of the Virginia line, now in the
continental army, may have claims to lands on the western waters, from settlement or improvements
made thereon, and have it not in their power to attend the commissioners appointed to adjust and
ascertain such claims within the time limited for that purpose; for remedy whereof, Be it
enacted, That all officers and soldiers of the Virginia line, now in the continental army,
shall be allowed twelve months from the time they resign, or are discharged from the service, to
ascertain their respective claims to lands by settlements or improvements before the court of the
county, wherein the lands they claim may be; and such court is hereby empowered and required to
hear and determine such claims in like manner as is prescribed for the commissioners of the
several districts on the western waters.
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Officers and soldiers, in service, allowed further time to prove
their claims for settlement rights, and improvements on lands.
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| CHAP. III.
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| An
| act for discouraging extensive credits, and repealing the act
prescribing the method of proving book debts.
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[Chan. Rev. p. 108.]
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| I. WHEREAS the method of proving book debts, and the long and
extensive credits formerly given by merchants and traders, hath been found by experience
injurious to the people of this commonwealth: Be it enacted by the General Assembly,
That from and after the first day of May next, the act entitled "An act prescribing the method of proving book debts," shall be,
and the same is hereby repealed; except only so far as relates to goods, wares, and merchandize,
sold and delivered, or debts contracted before the said first day of May.
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Act of 1748 (Vol. 6, p. 53) repealed.
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| II. And be it farther enacted, That all actions or suits
founded upon account for goods, wares, and merchandize, sold and delivered, or for any articles
charged in any store account, after the said first day of May, shall be commenced and sued within
six months next, after the cause of such action or suit, or the delivery of such goods, wares and
merchandize, and not after; except that in case of the death of the creditors or debtors, before
the expiration of the said term of six months, the further time of twelve months from the death
of such creditor or debtor, shall be allowed for the commencement of any such action or suit. And
to prevent imposition or deception herein, the respective time or date of the delivery of the
several articles charged in any such account, or of any receipt taken for the delivery of them,
shall be particularly specified. And if any merchant or trader shall wilfully post-date, any
article or articles in such account, or the receipt taken for the delivery of them, he shall
forfeit and pay tenfold the amount of the article or articles, or of the receipt taken for the
delivery of them, so post-dated, to be recovered with costs in any court of record, by petition
where the penalty incurred shall be under five pounds, or amounts to that sum only, and by action
of debt or information, where the penalty
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Limitation of actions, on store accounts.
Delivery of articles to be dated.
Penalty for post-dating.
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| shall be more than five pounds, to the informer, where the informer prosecutes, or to
the commonwealth, where the prosecution shall be first instituted on the publick behalf. And to
prevent any doubt in the construction hereof, it is hereby declared, that the before mentioned
limitation of six months, shall take place and be computed from the respective dates or times of
delivery of the several articles entered or charged in any such account, and that all such
articles as shall have been of more than six months standing when the action or suit was
commenced, shall be disallowed and rejected, and verdict shall be given or judgment rendered for
no more than the amount of such articles as appear to have been actually charged or delivered,
within six months next before the commencement of the suit, as aforesaid.
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When limitation to commence.
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| III. And be it farther enacted, That every court and
jury, by or before whom, any such action or suit shall be tried, shall, and they are hereby
required, ex officio, to take notice of this act, and determine accordingly, although
the defendant shall not have pleaded it, in the same manner as if the same had been specially
pleaded; any law, custom, or usage to the contrary notwithstanding.
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Courts and juries ex officio to take notice of this
act.
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CHAP. IV.
An act for establishing the town of Boonsborough,
in the County of Kentuckey.
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| WHEREAS it hath been represented to this present general assembly,
that the inhabitants of the township called Boonsborough, lying on Kentuckey river, in the county
of Kentuckey, have laid off twenty acres of land into lots and streets, and have petitioned this
assembly that the said lots and streets, together with fifty acres of land adjoining thereto may
be laid off into lots and streets, and established a town for the reception of traders; and that
six hundred and forty
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Town of Boonsborough, in Kentucky county
established.
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| acres of land allowed by law to every such township for a common may also be laid off
adjoining thereto: Be it therefore enacted, That the said fifty acres of land adjoining
the said forty lots already laid off, shall be, and the same is hereby vested in Richard
Callaway, Charles Minn Thruston, Levin Powell, Edmund Taylor, James Estre, Edward Bradley, John
Kennedy, David Gist, Pemberton Rollings, and Daniel Boon, gentlemen, trustees, to be by them, or
any six of them, laid out into lots of half an acre each, with convenient streets, which,
together with the lots and streets to laid off in the said township shall be, and the same is
hereby established a town, by the name of Boonsborough.
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| And be it farther enacted, That so soon as the said fifty
acres of land shall be so laid out into lots and streets, the said trustees shall cause a plan
thereof, together with a plan of the said township as the same is already laid off, to be
returned to the court of the said county of Kentucky, there to be recorded; and the said
trustees, or any six of them, are hereby empowered to convey the said lots to the persons first
making application, to hold the said lots respectively subject to the condition of building on
each of the said lots a dwelling-house, sixteen feet square at least, with a brick, stone, or
dirt chimney, to be finished fit for habitation, within three years from the date of their
respective deeds; and the said trustees are moreover empowered and directed to convey the lots
now held by any person in the said township, to hold to such person for the like estates, and
subject to the like conditions with those holding lots laid out of the said fifty acres of land.
That so soon as they shall have built upon and saved the said lots according to the condition of
their respective deeds of conveyance, the said inhabitants shall then 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, hold and enjoy. If any person taking a
conveyance of a lot in the said town 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 sell the
same, and apply the money towards repairing the streets, or in any other way for the benefit of
the said town. The said
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| trustees shall cause six hundred and forty acres of land on the south side of the river
Kentuckey, including the seventy acres allotted, or to be laid off into lots to be surveyed,
adjoining to the said town, so that the same may be as near the centre thereof as it situation
will admit, a plat whereof shall be returned to the court of the said county of Kentuckey, there
to be recorded, which land so laid off is hereby vested in the said trustees and their
successours, in trust to, and for the use and benefit of, the inhabitants of the said town. 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 lots, and to settle and establish such rules
and orders for the regular and orderly building of houses thereon, as to them shall seem best and
convenient; and in case of the death, removal out of the country, or other legal disability of
any one or more of the trustees before named, such vacancy shall be supplied in manner directed
by an act of assembly, entitled "An act to empower the
freeholders of the several towns, not incorporated to supply the vacancies of the trustees and
directors thereof."
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CHAP. V.
An act for continuing the court of Admiralty in
the city of Williamsburg.
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[Chan. Rev. p. 108.]
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| WHEREAS many inconveniencies may attend the removal of the court of
admiralty at a distance from the sea: Be it enacted by the General Assembly, That the
said court of admiralty shall continue to sit so often as there shall be occasion, at the
capitol, in Williamsburg, unless the general assembly shall hereafter otherwise direct and
appoint; any thing in the
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Court of admiralty, continued at Williamsburg.
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| act of general assembly, entitled "An act for the removal
of the seat of government," to the contrary notwithstanding.
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CHAP. VI.
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| An
| act to explain and amend two several acts of the last session
of general assembly for fixing the allowance of the members thereof.
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| WHEREAS it was provided by an act of the last session of this
present general assembly entitled "An act for fixing the allowance
of the members of the general assembly," that the allowance to the several members of the
present, and of all future assemblies, should be fifty pounds of tobacco by the day, two pounds
of tobacco for every mile travelling to or from the said assemblies, and their ferriages, to be
paid to them out of the publick treasury, at such rates, as should be estimated by the grand jury
of the general court next, before each session of general assembly. And by a subsequent act of the same session, it was provided
that the grand jury of that court which should be sworn first after the passing of that last act,
should estimate the price of such tobacco, as well for that as for any subsequent session of the
said assembly.
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Acts fixing allowance of members of general assembly, explained
and amended.
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| And whereas since the passing of the said two acts, it has been
found that the price of tobacco is greatly enhanced, and likewise the price of all the
necessaries of life, whereby another estimate of the price of such tobacco has become necessary
during the present session of this assembly, and the like necessity may again frequently occur,
when no estimate of tobacco can be made at any session of any future general assembly, when such
session shall begin on the same day with, or after the meeting of the general court.
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| For remedy herein, Be it enacted, That the judges of the
general court shall cause a grand jury to be
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| summoned immediately after the passing of this act, qualified as the law directs, who
shall be sworn and charged to estimate in money, the value of all tobacco due, and to grow due,
to the several members of this present session of general assembly, for attendance therein, and
travelling to and returning from the same, in such manner as is directed by the said acts, which
shall be paid by the treasurer to the several members being first entered and certified according
to law.
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| And it is farther enacted, That whenever the general
assembly shall hereafter happen to meet before or on the same day on which a session of the
general court shall begin, the grand jury who may be then sworn, or who shall be next sworn in
the said court, shall proceed to estimate the value of all tobacco to grow due to the members of
the general assembly in every of such sessions, so that there may be a several estimate made of
all the tobacco to become due to the members at every session of assembly, whether the meeting of
the general assembly shall happen before, at, or after the beginning of any session of the
general court. And the grand jury shall govern themselves in making every such estimate, and the
money to become due in consequence of such estimates, shall be entered, certified, and paid in
the same manner, and under such regulations, as is directed in the first of the said recited
acts.
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| CHAP. VII.
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| An
| act for granting warrants to Charles Simms, gentleman, to
survey certain lands.
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| WHEREAS it is represented to this present general assembly by
lieutenant colonel Charles Simms, that he purchased of Alexander Ross and William Dunbar in the
year one thousand seven hundred and seventy five, two thousand nine hundred and sixty one acres
of land, lying on the Ohio river and Rackoon creek, that the said Charles Simms intended to set
about improving the same in order to preserve his title thereto, but was prevented from so doing
by entering into the continental army in the year one thousand seven hundred and seventy six,
where he has continued ever since. And it is just and right, that those who have devoted their
time and service in the defence of the country, should not forfeit their right to property during
their continuance in the army.
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Preamble.
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| Be it therefore enacted, That it shall and may be lawful
for the said Charles Simms, to obtain from the register of the land office, who is hereby
required to issue warrants for surveying two thousand nine hundred and sixty one acres, according
to law; and upon proceeding according to the rules and regulations of the land office, paying
the usual composition money under the former government, and common office fees; shall be
entitled to a grant or grants of the same: Provided always, and it is farther enacted,
That the said Charles Simms shall not be entitled to locate any warrant, or warrants on any lands
within the tract purchased by the said Alexander Ross, of George Croghan, situate on the Ohio
river, the courses and boundaries of which are set forth in the deed of bargain and sale from the
said Alexander Ross to the said Charles Simms, proved and recorded in the county court of
Augusta, or within the tract of land purchased by the said Alexander Ross, of the said George
Croghan, situate on Rackoon creek, the courses and boundaries of which are set forth in the
aforesaid deed, or within the tract of land purchased by the said William
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Warrants to issue to Charles Simms, for certain lands on the
Ohio river and Rackoon creek.
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| Dunbar, of the aforesaid George Croghan, situate on Rackoon creek, the courses and
boundaries of which are set forth in a deed of bargain and sale from the said William Dunbar to
the said Charles Simms, proved and recorded in the county court of Augusta; to which any person
or persons are entitled to the preemption by actual settlements made before the first day of
January one thousand seven hundred and seventy eight, or on any lands in any other place to which
any person has a right of preemption under the act entitled "An
act for adjusting and settling the titles of claimers to unpatented lands under the present and
former government, previous to the establishment of the commonwealth's land office."
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CHAP. VIII.
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| An
| act for farther continuing an act entitled An act to empower
the governour and council to lay an embargo for a limited time.
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| WHEREAS the act of assembly passed in the year one thousand seven
hundred and seventy eight, entitled "An act to empower the
governour and council to lay an embargo for a limited time," which was continued by an act
entitled "An act for continuing an act entitled An act to empower
the governour and council to lay an embargo for a limited time," will expire at the end of
this present session of assembly, and it is necessary the same should be farther continued:
Be it therefore enacted, That the act entitled "An act to empower the governour and council
to lay an embargo for a limited time," shall continue and be in force from and after the
expiration thereof until the end of the next session of assembly, and no longer.
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Act empowering governor and council to lay an embargo further
continued.
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| CHAP. IX.
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| An
| act for giving a bounty of lands to the chaplains, surgeons,
and surgeon's mates of regiments or brigades raised by this state, and upon continental
establishment.
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| BE it enacted by the General Assembly, That every person
acting as chaplain, surgeon, or surgeon's mate, to any regiment or brigade of officers and
soldiers raised within this commonwealth, and upon continental establishment, and who hath, or
shall hereafter serve in that office the space of three years or during the war, shall be
entitled to and have the like quantity of lands as is by law allowed to commissioned officers
receiving the same pay and rations.
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Land bounty to chaplains, surgeons, & surgeons mates.
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CHAP. X.
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| An
| act for farther continuing an act entitled An act for giving
certain powers to the governour and council.
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[See ante p. 106.]
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| WHEREAS the act of assembly passed in the year one thousand seven
hundred and seventy seven, entitled "An act for giving certain
powers to the governour and council," which was continued by an act entitled "An act for continuing an act for giving certain powers to the
governour and council," which was farther continued by an act entitled "An act to extend the powers of the governour and council,"
which was farther continued by an act for continuing an act entitled "An act for giving certain powers to the governour and council,"
will expire at the end of this present session of assembly, and it is expedient that
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Act giving certain powers to governor and council further
continued.
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| the same should be farther continued: Be it therefore enacted, That the act
entitled "An act for giving certain powers to the governour and council," shall continue and be
in force from and after the expiration thereof, until the end of the next session of assembly,
and no longer.
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CHAP. XI.
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| An
| act for farther continuing an act entitled An act to enable
the governour and council to supply the armies and navies to the United States, and of their
allies, with grain and flour.
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[See ante p. 107.]
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| WHEREAS the act of assembly passed in the year one thousand seven
hundred and seventy eight, entitled "An act to enable the
governour and council to supply the armies and navies of the United States and of their allies
with grain and flour," which was continued by an act entitled "An act for continuing an act entitled an act to enable the
governour and council to supply the armies and navies of the United States and of their allies,
with grain and flour," will expire at the end of this present session of assembly, and it is
necessary the same should be farther continued: Be it therefore enacted by the General
Assembly, That the act entitled "An act to enable the governour and council to supply the
armies and navies of the United States and of their allies with grain and flour," shall continue
and be in force from and after the expiration thereof, until the end of the next session of
assembly, and no longer.
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Act to enable the governour and council, to supply armies and
navies of United States, & their allies, with grain & flour, further continued.
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| CHAP. XII.
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| An
| act for marking and opening a road over the Cumberland
mountains into the county of Kentuckey.
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| WHEREAS great numbers of people are settling upon the waters of the
Ohio river, to the westward of the Cumberland mountains, in the county of Kentuckey, and great
advantages will redound to the commonwealth from a free and easy communication and intercourse
between the inhabitants in the eastern and western parts thereof, enabling them to afford mutual
aid and support to each other, and cementing in one common interest all the citizens of the
state, to which a good waggon road through the great mountains into the settlements in the said
county will greatly contribute; but such road necessarily passing, for a considerable distance
through a tract of rough and uninhabitable country, can neither be made in the usual way by the
adjacent inhabitants, nor can the practicability or charge be properly judged of, until the
country hath been explored and such road traced out: Be it enacted by the General Assembly,
That Evan Shelby and Richard Callaway, be appointed for that purpose, and they are hereby
empowered and authorized to explore the country adjacent to, and on both sides the Cumberland
mountains, and to trace out, and mark the most convenient road from the settlements on the east
side of the said mountains, over the same, into the open country, in the said county of
Kentuckey; and to cause such road, with all convenient despatch, to be opened and cleared in such
manner as to give passage to travellers with pack-horses, for the present; and report their
proceedings therein to the next session of assembly, together with a computation of the distance,
and the best estimate they can make of the practicability and charge of completing the same and
making it a good waggon road; and the said Evan Shelby and Richard Callaway, shall lay before the
auditors of publick accounts a fair account, on oath, of the disbursements made, and charges
incurred in the execution of this act; which the said auditors are
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Preamble.
Commissioners appointed for marking and opening a road over the Cumberland mountains to
Kentucky.
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| hereby required to adjust and settle, and give a warrant on the treasury for such sum as
shall to them appear justly due thereon; except the wages and pay of the labourers and militia
guard, each of whom on the certificate of the said Evan Shelby or Richard Callaway that he hath
been employed during the whole time of that service, shall be entitled to a grant of three
hundred acres of any waste or unappropriated lands within this state, for which no purchase money
shall be demanded on behalf of the commonwealth, or one hundred and twenty pounds at the option
of the claimant; and in the same proportion for the like certificate of service during a lesser
time, and except the compensation to the said Evan Shelby and Richard Callaway, for their own
trouble, which is hereby reserved to the judgment of the general assembly.
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| And whereas the persons employed in making and clearing the said
road may be exposed to danger from the Indians, the said Evan Shelby and Richard Callaway, are
hereby empowered, from time to time, to apply to the commanding officer of the most convenient
county or counties, for such militia guard, not exceeding (with the labourers employed) fifty
men, as they shall think necessary for protection; which guard, such commanding officer is
empowered and required to furnish accordingly. In case of the death, disability, or refusal to
act of either of the commissioners, the court of the county in which he resided, shall nominate a
proper person to fill up the vacancy, which nomination shall give the person named, the same
powers, and entitle him to the like compensation as if he had been hereby particularly appointed.
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Guard, for protection against Indians, how procured.
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| CHAP. XIII.
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| An
| act to amend an act entitled An act for regulating ordinaries
and restraint of tippling-houses.
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[Chan. Rev. p. 109.]
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| I. WHEREAS the number of tippling houses is become a publick
nuisance, encouraging idleness, drunkenness, and all manner of vice and immorality, and the laws
heretofore made have proved insufficient to restrain so growing and dangerous an evil: Be it
therefore enacted by the General Assembly, That every person keeping a tippling house, or
retailing liquors, contrary to the act entitled "An act for
regulating ordinaries and restraint of tippling houses," shall over and above the penalties
inflicted by the said act, forfeit and pay the sum of fifty pounds for each and every offence, to
be recovered with costs by action of debt or information in any court of record; one half to the
informer, and the other half to the commonwealth, or the whole to the commonwealth, where
prosecution shall be first instituted on the publick behalf alone; and shall moreover be subject
to the proceedings and punishments herein after directed.
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Preamble.
Further penalty for keeping ordinary
contrary to law.
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| II. Every person having been convicted of keeping a tippling house,
or retailing liquors as aforesaid, who shall afterwards be guilty of the same offence, and be
thereof again convicted, shall by the court before whom such conviction shall be had, be
committed to prison, there to remain for, and during the term of six months, without bail or
mainprize. The presiding justice present shall give this and the before recited act, in special
charge to the grand jury of the county at every grand jury court; and whenever any prosecution or
suit shall be instituted thereupon, the court before whom the same shall be depending, shall
proceed to speedy trial thereof, out of course and without delay. And every justice of the peace
is hereby required and strictly enjoined to cause this and the before recited act to be put into
due execution within his county; and if any justice, either from information, his own knowledge,
or other just cause, shall suspect any person of keeping a tippling house, or retailing liquors
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Offenders twice convicted, may be committed.
Grand juries to be charged.
Prosecutions to be tried
speedily; and may be ordered by justices.
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| as aforesaid, he is hereby empowered and required to summon such person to appear before
him, together with such witnesses as he may judge necessary, and upon the person's appearing, or
failing to appear, if the justice, upon examining the witnesses on oath shall find sufficient
cause, he may, and is hereby required to direct the attorney for the commonwealth in such county
to institute a prosecution against such person, on the publick behalf; which such attorney is
hereby required to institute accordingly. And such justice may also cause the person so
suspected, to give bond with two sufficient securities, for his or her good behaviour for the
term of one year, the principal in the sum of fifty pounds, and the securities in the sum of
twenty five pounds each; and upon failing to give such bond and security within three days after
being thereunto required, such person may be committed to the jail of the county, there to
remain, until he or she shall give bond and security accordingly; and if such person shall
afterwards, during the said term, keep a tippling house, or retail liquors as aforesaid, the same
shall be, and is hereby declared a breach of the good behaviour, and of the condition of such
bond.
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May be bound to the behavior or committed.
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| III. Provided always, That nothing in this, or the before
recited act contained, shall extend, or be construed to prohibit any person or persons from
retailing such liquors as shall actually have been made from the produce of such persons's own
estate, or brewed or distilled by him, her, or them, or those in his, her, or their employ; so as
such liquors be not drank, or intended to be drank at the house or plantation where the same
shall be sold; but where any dispute shall arise concerning the making such liquors, the burthen
of proof shall be on the defendant.
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Proviso in favor of brewers and distillers.
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| IV. And whereas by the before recited act, the courts of the
respective counties are vested with the power of settling the rates and prices to be paid at
ordinaries for liquors, diet, lodging, provender, stablage, fodder, and pasturage, only at their
court in the month of March; therefore, Be it therefore enacted, That each county court
shall have full power to set the rates and prices to be paid at all ordinaries within their
respective counties, for liquors, diet, lodging, provender, stablage, fodder, and pasturage, as
well in any other month as in the month of March, and may increase
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Liquors, &c. may be rated twice a year.
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| or lessen the rates, as often as they shall see cause, but shall not fail to fix the
rates at least twice in a year, under penalty of one hundred pounds on every member of such court
so failing. And every ordinary-keeper shall, within one month after the rates so set, obtain of
the county court clerk, a fair table of such rates, which shall be openly set upon the publick
entertaining room of every ordinary, and there kept until the rates shall be again set by the
court, and then a copy thereof shall be again so obtained and kept, from time to time, under
penalty of fifty pounds on every ordinary-keeper failing so to do; and if any ordinary-keeper
shall demand and take any greater price for any drink, diet, lodging, provender, stablage,
fodder, or pasturage, than by such rates shall be allowed, he or she so offending, shall forfeit
and pay one hundred pounds for every such offence; which penalty, as well as the penalty of fifty
pounds for failing to set up the table of rates as above directed; and that on the members of a
court failing to fix the rates, shall be recoverable by action of debt or information, by any
person that shall sue for the same, in any court of record within this commonwealth.
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Tables of rates to be set up
in ordinaries.
Penalty or omistion for exceeding legal rates
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| V. And be it farther enacted, That so much of an act
entitled "An act for regulating ordinaries, and restraint of tippling-houses," as is contrary to
this act, is hereby repealed; and this act shall commence and be in force, from and after the
last day of February next.
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CHAP. XIV.
An act to empower the treasurer to
receive certain certificates.
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[Chan. Rev. p. 109.]
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| I. WHEREAS it hath been represented to this present general
assembly, that many of the inhabitants of this state are possessed of certificates, payable on
the first day of March next given in exchange for the emissions of May the twentieth, one
thousand seven hundred and seventy seven, and April the eleventh, one thousand seven hundred and
seventy eight, which were taken out of circulation by a resolution of congress; and that many of
the holders of such certificates are entitled to the pre-emption of unappropriated lands, and
others incline to purchase lands, which they cannot, unless such certificates are received in
payment at the treasury: Be it therefore enacted, That the treasurer shall, and he is
hereby directed to receive from all persons inhabitants of this state, such of the said
certificates as have been issued therein, and shall be offered in payment for treasury warrants
for waste or unappropriated lands.
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Certain certificates receivable in payment for treasury land
warrants.
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| II. And be it farther enacted, That from and after the
first day of March next, the treasurer be also directed to receive the loan office certificates
to this state, and to allow the interest due thereon to the day of receiving the same, for
treasury warrants, for any waste or unappropriated lands within this commonwealth.
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Loan office certificates, with interest, receivable for waste
lands.
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CHAP. XV.
An act for laying an embargo on
Salt, and for other purposes.
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| THE more effectually to supply the people of this commonwealth with
the necessary article of salt: Be it enacted by the General Assembly, That an embargo
shall be, and is hereby laid upon all salt within this commonwealth, for and during the term of
three months from the end of this present session of assembly; and that the governour, with the
advice of the council may, and is hereby empowered, at any time during the continuation of the
present war, either to continue or to revive again and renew such embargo, by proclamation from
time to time as the circumstances of trade and the wants of the people may require. And if any
person, during the time that such embargo shall be in force, shall presume to carry any salt
which now is, or hereafter may be within this commonwealth, out of the same by land or water, he
or she so offending, shall forfeit and pay forty pounds for every bushel so carried out, to be
recovered with costs upon motion in any court of record, to the use of the informer, the
defendant or defendants having had at least ten days previous notice of such motion. Provided
nevertheless, That the governour with the advice of the council, may grant a permit for
conveying salt out of this commonwealth for the publick use of the United American States, or any
of them, and that any two justices of the peace may grant a permit to any citizen of this or any
of the adjacent states, to carry out any quantity of salt not exceeding five bushels, within any
term of six months, upon satisfactory proof to them made that the same is for the use of such
citizens own family or those in his employ, and not for sale.
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Embargo laid on salt.
Penalty for breach.
In what cases
exportation of salt permitted.
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| Every person sending or carrying salt from one district to another
within this commonwealth, shall give bond with sufficient security, in the penalty of fifty
pounds for every bushel of salt so intended to be sent or carried, to the naval officer of the
district from whence it shall be carried, that the same shall be relanded within this
commonwealth, and shall within
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Bond to compel compliance with the law.
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| six months next thereafter, produce to such naval officer, a certificate thereof from
the naval officer of the district, or from some justice of peace of the county where such salt
shall have been relanded, to cancel his bond, which shall otherwise be forthwith put in suit. And
every vessel lading or taking on board salt under pretence of carrying the same from one district
to another, before such bond shall have been given, shall and is hereby declared forfeited; one
moiety thereof to the use of the informer, and the other to the commonwealth; and the like
proceedings shall be had therein as in the capture of vessels from an enemy. Be it enacted,
That the governour, and all persons acting by his directions, shall be, and they are hereby
indemnified in their proceedings under the resolution of the general assembly of the 19th of
October 1779, prohibiting the exportation of salt.
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Indemnification of governor and others acting under a
resolution prohibiting the exportation of salt.
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CHAP. XVI.
An act to encourage the importation of Salt.
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| WHEREAS from the scarcity as well as high price of salt, it is
proper that encouragement be given to the importation of that necessary article of life: Be
it therefore enacted, That every owner or master of a vessel, who shall import salt into
this commonwealth after the passing of this act, shall be allowed to export one hogshead of
tobacco duty free for every five bushels of salt so imported. At the time of entering a vessel in
which salt may be imported, the naval officer shall give the owner or master thereof a
certificate, specifying the time and quantity of salt imported. The owner or master of a vessel
producing such certificate to any inspector, shall be entitled to ship one hogshead of tobacco
duty free for every five bushels of salt contained in such certificate, giving the inspectors at
such warehouse a receipt thereon for the number of hogsheads so delivered, which receipt and
certificate
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Premium for importation of salt.
How obtained.
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| shall be allowed the inspectors in settling their accounts for duties on tobacco. If the
owner or master of a vessel hath not so many hogsheads of tobacco at one warehouse as his
certificate entitles him to export duty free; in that case he shall give the inspectors thereof a
receipt for so many hogsheads delivered at such warehouse; and the inspectors shall thereupon
endorse on the back of the certificate, the number of hogsheads so delivered and the time; and
the master or owner shall be allowed to make up such deficiency at any other warehouse, upon
producing to the inspectors thereof such certificate, and giving them a receipt thereon for the
same.
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| And whereas it may so happen, that after an embargo on salt is
taken off, the importer thereof, notwithstanding he has received the bounty given by this act,
may export the same: Be it enacted, That every person importing salt and receiving the
benefits given by this act, shall before he obtains a permit to export the same, or any part
thereof, pay down to the naval officer so much money as the bounty for the importation thereof
amounted to in shipping tobacco duty free.
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Drawback on exportation.
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| And be it farther enacted, That the act entitled "An act to supply the inhabitants of this commonwealth with salt
upon reasonable terms," shall be, and the same is hereby repealed.
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Former act for supplying salt repealed.
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| CHAP. XVII.
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| An
| act for amending an act entitled An act for 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.
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|
[Chan. Rev. p. 110.]
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| I. WHEREAS an act, entitled, "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," was continued by an
act of the last session of assembly for and during the term of one year, and from thence to the
end of the next session of assembly.
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Preamble.
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| II. And whereas so much of the said act as fixes the place for
holding the said courts, is contradictory to the act for the removal of the seat of government.
Be it therefore enacted, That so much of the said act as directs the place for holding
the said courts of chancery and general court, shall be and the same is hereby repealed; and that
the first meeting of the court of appeals, high court of chancery, and general court, in the year
one thousand seven hundred and eighty, shall be at the town of Richmond in the county of Henrico,
at the apartments to be provided for that purpose. And any act within the purview of this act,
shall be and the same is hereby repealed.
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Court of appeals, high court of chancery, & general court to be
held at Richmond.
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Pages 153-176
