Pages 198-219 
|  Pages 241-262
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| Pages 198-219
| Pages 241-262
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| AT A GENERAL ASSEMBLY, BEGUN AND HELD | |||
|
Thomas Jefferson, esq. governor. | ||
 CHAP. I.* An act to embody militia for the relief of South Carolina, and for other purposes. | |||
| WHEREAS a dangerous invasion of South Carolina now threatens the loss of the capital of that state, and the troops engaged in its defence may be overpowered by superiour numbers, if timely aid be not sent to them. And as it is incumbent upon this state, on every principle of policy and good neighbourhood, to assist our friends and fellow citizens in distress, as speedily and effectually as possible; Be it enacted by the General Assembly, That two thousand five hundred infantry be forthwith called into service, in legal rotation, from the following counties, and in the following proportions (to serve three months from the time of their joining the army in South Carolina, if not sooner discharged) that is to say: From Pittsylvania, ninety seven men; from Bedford, two hundred and two men; from Halifax, one hundred and forty | Preamble. Troops ordered to relief of South Carolina. | ||
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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. |
| one men; from Charlotte, eighty nine men; from Mecklenburg, one hundred and twenty eight men; from Prince Edward, seventy five men; from Amelia, one hundred and fifty four men; from Lunenburg, eighty three men; from Dinwiddie, one hundred men; from Brunswick, one hundred and sixty one men; from Buckingham, eighty four men; from Amherst, one hundred and thirty five men; from Powhatan, forty seven men; from Cumberland, sixty one men; from Chesterfield, one hundred and fourteen men; from Goochland, seventy five men; from Louisa, ninety four men; from Henrico, eighty three men; from Hanover, one hundred and thirty five men; from Fluvanna, forty men; from Caroline, one hundred and twenty eight men; from Spotsylvania, ninety two men; from Orange, eighty men; and from Henry, one hundred and eight men; to be officered and commanded as is herein after directed. | |
| And be it farther enacted by the authority aforesaid, That so soon as the said quotas shall be completed, they shall be marched without delay to Hillsborough in North Carolina, as the place of general rendezvous; there to be formed into four regiments, each of which shall be commanded by a colonel, a lieutenant colonel, a major, ten captains, twenty lieutenants, ten ensigns, and the usual number of non-commissioned officers, and be allowed a surgeon's mate, to be appointed by the colonel, or other officer commanding each regiment when formed; and the whole to be under the command of a brigadier general, who, together with the field officers, shall be chosen by joint ballot of both houses, and commissioned by the governour; and the captains and other inferiour officers shall be appointed in the respective counties, in the manner prescribed by law for militia drawn into actual service. | Place of rendezvous. How organized. |
| Provided always, and be it enacted, That the brigadier general to be appointed by this act, may use his discretion upon a view of the then circumstances and situation of the enemy, either to form and march the militia by single battalions from the place of general rendezvous as soon as a number sufficient to form a battalion shall arrive there, or wait the coming of the whole two thousand five hundred, as in his judgment may best conduce to the purposes of relieving South | Discretionary powers given to the general. |
| Carolina in the most speedy, prudent, and effectual manner: Any thing herein before contained to the contrary notwithstanding. | |
| And be it farther enacted, That the pay of the militia hereby called into service, shall be as followeth: For the brigadier general, one hundred and twenty five pounds of tobacco, and ten rations per day; for a colonel, sixty pounds of tobacco, and six rations a day; a lieutenant colonel, fifty five pounds of tobacco, and five rations; a major, fifty pounds of tobacco, and four rations; a captain, forty pounds of tobacco, and three rations; lieutenants each, thirty pounds of tobacco, and two rations; an ensign, twenty pounds of tobacco, and two rations; an aid de camp to the brigadier general, fifty pounds of tobacco, and four rations; the brigade major, fifty pounds of tobacco, and four rations; a brigade quarter master, forty pounds of tobacco, and three rations; an adjutant and quarter master, fifteen pounds of tobacco each, in addition to their pay as officers in the line; a serjeant major, twelve and a half pounds of tobacco, and one ration; a surgeon, fifty pounds of tobacco, and four rations; a surgeon's mate, forty pounds of tobacco, and two rations; a serjeant, ten pounds of tobacco, and one ration; a drummer and fifer the same as a corporal; and the privates each, seven and an half of tobacco of tobacco, and one ration per day. And where back rations shall be due to any officer, to be appointed under this act, that the same shall be paid for at the rate of two pounds and an half of tobacco for every ration so due. | Pay rations, &c. of the militia, called into service. |
| And whereas the use of cavalry hath been found singularly serviceable in South Carolina; Be it enacted by the authority aforesaid, That a troop of fifty horse be raised in the following manner: That fifty of the men herein before directed to be called into service as infantry, be formed into a troop of cavalry, if so many shall be willing to find their own horses, to be commanded by a captain, one lieutenant, and a cornet; to be appointed and commissioned by the governour, with advice of council; and that the captain's pay shall be the pay of a mor of infantry, the lieutenant of a captain of infantry, and the cornet and quarter master | Troop of cavalry how formed. |
| of a lieutenant of infantry; quarter master's serjeant, serjeants, twelve pounds and an half of tobacco, each, and one ration; corporals ten pounds of tobacco and one ration each; and each private horseman, ten pounds of tobacco, and one ration per day; that they rendezvous at Petersburg in Virginia without delay, there to be equipt with the proper furniture. And be it farther enacted, That if any person so finding a horse, shall lose him in the publick service, without any default of the loser, that in such case, the owner shall be paid by the publick for his horse so lost. And if so many as fifty men of the above drafts cannot be found willing to furnish a horse each, that then any number of volunteers that shall be willing to find horses, be received in the corps aforesaid, and entitled to the same pay and other emoluments as the rest of the troop. And whereas the necessity of waggons to attend the troops is indispensable, and it having been found by experience that they cannot be obtained in sufficient numbers, without power to impress the same; Be it enacted by the authority aforesaid, That it shall and may be lawful for the governour, with the advice of council, to authorize any quarter master to impress and take into the publick service, for the use of the army, as many waggons as the nature of the service may, in the opinion of the governour and council, demand; and that for every waggon, team, and driver, so impressed, shall be paid fifty pounds of tobacco per day, and be found as usual. And to the end that the bounty heretofore directed by the general assembly to be paid to the militia that lately served in South Carolina may be paid in a manner most agreeable to the respective claimants; Be it enacted, that every person entitled to receive a bounty of forty pounds, under a resolve of the assembly, passed at the last session, shall have his option, either to receive the said bounty of forty pounds, or in lieu thereof, three bushels of salt, which the governour and council will provide for the purpose aforesaid. | Horses, how furnished. Wages provided. Pay for waggons. Bounty. |
| And whereas it may be necessary, that some money be paid in advance to the militia hereby called into service; Be it enacted, That the sum of fifty pounds be advanced to every soldier at the place of rendezvous, to be hereafter deducted from his pay, at the rate of twelve shillings per pound, for every pound of tobacco | Money advanced. |
| that shall be due. And be it farther enacted, That the county lieutenant, or next commanding officer of each respective county, with five other officers, not below the rank of captain, or a majority of them, shall, without delay, determine on such and so many divisions of the militia whose tour of duty renders it their turn to serve, and as shall be sufficient to complete the quota of the county directed by this act. And if any office shall refuse to act, not having a reasonable excuse, when ordered into service, according to his tour of duty or shall endeavour to dissuade or prevent any other officer or soldier from engaging or entering into such actual service; such officer so offending shall be cashiered, and moreover shall be turned into the ranks and serve as a common soldier during the time the detachment to which he belongs shall continue in service. If any non-commissioned officer or soldier shall fail to attend when summoned, not having a just and reasonable excuse, or refuse to march when ordered into actual service according to his tour of duty, or find an able bodied man in his room, or shall while in service, mutiny or desert, and thereof shall be convicted after due summons of all or any of these offences before a court martial, to be held at the usual place in the county, by the lieutenant or chief commanding officer, with the field officers and captains, or a majority of them, within ten days after the day appointed for marching such militia from the county, such offender shall serve as a regular soldier in the troops of the state eight months, and by order of such court martial, be delivered over to a recruiting officer for that purpose, to be appointed by the governour. And be it farther enacted, That if any county lieutenant or other officer, shall neglect or refuse to summon a court martial as is herein before directed for fixing on the divisions whose turn it may be to serve, or shall fail to discharge the duties by this act enjoined; every field officer so offending, shall forfeit and pay five thousand pounds of tobacco, and every captain three thousand pounds of tobacco, to be recovered with costs, by bill, plaint, or information in any court of record, giving ten days previous notice to such offender. | Officers to allot the militia for service. Fines on officers and privates, for various delinquencies. Refusing to march. Mutiny and desertion. |
| And whereas it is just and reasonable, that the families of such poor men as are called into service by this act, should have some temporary provision made for | Provision for families of poor persons called into service. |
| their support, during the absence of their husbands or friends, Be it enacted by the authority aforesaid, That the commissioners of the taxes in the several counties herein before named, are hereby authorized and required, upon application to them made for such provision as aforesaid, that they, or a majority, do direct a reasonable quantity of corn or other grain to be delivered to such poor families from the publick magazines of grain, collected by a certain act of assembly entitled "An act for laying a tax, payable in certain enumerated commodities," provided that such allowance do not exceed that which is granted in similar cases, by an act entitled "An act to repeal so much of the several acts of assembly which empowers the county courts to make provision for the support of the wives, parents, and families of the soldiers of this state in the service of this commonwealth, or in the service of the United States, and for other purposes." And that where the grain in any county so making provision shall be exhausted, the commissioners of the tax for such county, be empowered to draw upon the commissioners of any neighbouring county for the corn they may want, to be transported at the publick expense, and such expense paid by the treasurer after being audited according to law. | |
| CHAP. II. An act to secure to the publick certain lands heretofore held as common. |
[Chan. Rev. p. 120.] |
| I. WHEREAS certain unappropriated lands on the bay, sea, and river shores, in the eastern parts of this commonwealth, have been heretofore reserved as common to all the citizens thereof, and whereas by the act of general assembly entitled "An act for establishing a land office, and ascertaining the terms and manner of granting waste and unappropriated lands," no reservation thereof is made, but the same is now subject to be entered for and appropriated by any person or | Preamble. See ante p. 50. |
| persons; whereby the benefits formerly derived to the publick therefrom, will be monopolized by a few individuals, and the poor laid under contribution for exercising the accustomed privilege of fishing: Be it therefore enacted by the General Assembly, That all unappropriated lands on the bay of Chesapeake, on the sea shore, or on the shores of any river or creek in the eastern parts of this commonwealth, which have remained ungranted by the former government, and which have been used as common to all the good people thereof, shall be, and the same are thereby excepted out of the said recited act, and no grant issued by the register of the land office for the same, either in consequence of any survey already made, or which may hereafter be made, shall be valid or effectual in law, to pass any estate or interest therein. | Lands on the bay of Chesapeake, the sea shore, or shores of rivers and creeks, heretofore held as common, not to be granted. | ||
| CHAP. III. | |||
|
[Chan. Rev. p. 121.] | ||
| I. BE it enacted by the General Assembly, That so much of the act passed in the year one thousand seven hundred and seventy seven, entitled, "An act for sequestering British property, enabling those indebted to British subjects to pay off such debts, and directing the proceedings in suits, where such subjects are parties," as enables persons owing money to a subject of Great Britain to pay the same, or any part thereof into the publick loan office, and obtain certificate of such payment in the name of the creditor, shall be, and the same is hereby repealed. | So much of act for sequestering British property, &c. as allows debtors to pay their debts into the treasury repealed. |
| CHAP. IV. | |||
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| WHEREAS it is represented to this general assembly, that the courthouse in the town of Fredericksburg and county of Spotsylvania, is rendered unfit for holding courts in; Be it therefore enacted, That the justices of the peace in the said county shall, from and after the passing of this act, hold their sessions at the house of John Holladay, until the new courthouse now building in the said county shall be completed. | Court of Spotsylvania to be held at house of John Holladay. | ||
| CHAP. V. | |||
|
[Chan. Rev. p. 121.] | ||
| I. BE it enacted by the General Assembly, That the sheriff of Henrico county shall before every session of the general court, so long as the same may continue to be held in the said county, summon a grand jury of twenty four freeholders, either within or without his county to attend the said court, any sixteen of whom appearing, shall be a sufficient number, And the said sheriff or his deputies, shall also perform the same services to the several superiour courts to be held in the said county, as the sheriffs of the counties of York and James City have heretofore discharged. | Sheriff of Henrico to summon a grand jury for general court. |
| II. And whereas doubts have arisen upon the construction of the several acts of assembly, for fixing and paying the allowance of the members of the general assembly, and inconveniencies have also been occasioned from the fluctuating price of tobacco, and of the rates of the necessary expenses of the said members: To remedy which, Be it enacted, That the grand jury at each and every of the four annual sessions of the general court, shall upon oath, estimate in money the value of the tobacco then due, or to become due to the members of the general assembly, according to the worth thereof at the time of such valuation, and the competence of the same to defray the necessary and reasonable expenses of travelling and attendance; and the last valuation of such tobacco shall always be the rule by which the said allowance shall be settled, and paid to the several members, in the manner and under the regulations prescribed by law; provided that nothing contained in this act, shall affect the wages of the members of this present general assembly, until the 13th instant, June. | Wages of members of general assembly, payable in tobacco, how estimated in money. | |
| CHAP. VI. | ||
| ||
| WHEREAS by the reduction of Charlestown, and the subsequent movements of the enemy, it hath become inexpedient to rendezvous at Hillsborough, the militia lately ordered into service for the defence of South Carolina; Be it enacted, That the governour with the advice of council, or the general commanding such militia, shall be, and they are hereby authorized and empowered to direct the rendezvous of the said militia, at any place or places whatsoever, that the publick service may require. | Governor or commanding general to direct the rendezvous of the militia, ordered to the relief of South Carolina. |
| CHAP. VII. | |||
|
[Chan. Rev. p. 121.] | ||
| I. WHEREAS the fees allowed by law to the register of the land office are very inadequate to the trouble and expense of conducting the business thereof, Be it therefore enacted, That the register of the land office shall be entitled to the fees herein after mentioned, to be paid by the party at whose instance any such service shall be performed, at the time of his or her requiring the same, that is to say: For issuing a warrant of survey, and recording the same, thirty pounds of tobacco; for recording the rights or certificates upon which such warrant of survey is founded, ten pounds of tobacco; for every warrant issued in exchange of another warrant, or where lands claimed under a former warrant shall be recovered upon a caveat, and recording the same, thirty pounds of tobacco; for receiving a plat and certificate, and giving a receipt for the same, five pounds of tobacco; for issuing and recording a grant, thereupon if the quantity therein contained exceed not four hundred acres, sixty pounds of tobacco; for every hundred acres exceeding that of four hundred, five pounds of tobacco; for recording a plat and certificate of survey, if the quantity does not exceed four hundred acres, twenty pounds of tobacco; for every hundred acres exceeding that quantity, five pounds of tobacco; for entering a caveat, or for a copy thereof, twenty pounds of tobacco; for a copy of any grant or patent of land, thirty pounds of tobacco; for a search for any thing, or for reading the same, if a copy be not required, ten pounds of tobacco; for recording a list of certificates proved in any county court, or allowed by the commissioners of any district, or for keeping a regular account of warrants, examined and cancelled, to be paid by the treasurer, on the auditors warrant for each certificate, or warrant contained in such list, three pounds of tobacco. | Fees of register of land office. Fees for public services. | ||
| II. And be it farther enacted, That every surveyor, instead of the former allowance given by law, shall be | Surveyor's fees. |
| entitled to receive the following fees for the services herein after mentioned, to be paid by the person employing him: For every survey by him plainly bounded as the law directs, and for a plat of such survey, after the delivery of such plat, where the survey shall not exceed four hundred acres of land, two hundred and fifty pounds of tobacco; for every hundred acres contained in one survey above four hundred, fifteen pounds of tobacco; for surveying a lot in a town, twenty pounds of tobacco; and where the surveyor shall be stopped or hindered from finishing a survey by him begun, to be paid by the party who required the survey to be made, one hundred and twenty five pounds of tobacco; for running a dividing line, one hundred and twenty five pounds of tobacco; for surveying an acre of land for a mill, fifty pounds of tobacco; for every survey of land formerly patented, and which shall be required to be surveyed, and for a plat thereof delivered as aforesaid, the same fee as for land not before surveyed; and where a survey shall be made of any lands which are to be added to other lands, in an inclusive patent, the surveyor shall not be paid a second fee for the land first surveyed, but shall only receive what the survey of the additional land shall amount to; and where any surveys have been actually made of several parcels of land adjoining, and several plats delivered; if the party shall desire one inclusive plat thereof, the surveyor shall make out such plat for fifty pounds of tobacco; for running a dividing lien between any county or parish, to be paid by such respective counties or parishes in proportion to the number of tithables, if en miles or under, five hundred pounds of tobacco; and for every mile above ten, fifteen pounds of tobacco; for receiving a warrant of survey, and giving a receipt therefor, ten pounds of tobacco; for recording a certificate from the commissioners of any district of a claim to land allowed by them, to be paid by the claimant, ten pounds of tobacco; for making an entry for land, or for a copy thereof, ten pounds of tobacco; for a copy of a plat of land, or of a certificate of survey, fifteen pounds of tobacco. | |
| III. And be it farther enacted, That every witness attending upon summons the high court of chancery, general court, or court of admiralty; and every witness, venire-man, or sheriff, attending the general court in | Witnesses allowance. |
| criminal cases, shall be paid sixty pounds of tobacco for each day's attendance, and two pounds of tobacco per mile for travelling, and their ferriages; and every witness attending upon summons in any county, or other inferiour court, or upon a survey of lands, shall be paid twenty five pounds of tobacco for each days attendance; and if residing in, and summoned out of another county, the same allowance for travelling and ferriages as witnesses in the superiour courts. And that all persons who shall hereafter become chargeable with tobacco for any of the services mentioned in this, or the act entitled "An act to amend an act for the better regulating and collecting certain officers fees, and for other purposes," shall at their election discharge the same, either in transfer tobacco notes, or money in lieu thereof, at such rate as shall be estimated by the grand jury, at each of the sessions of the general court, in the months of June and October in every year; confining themselves in making such estimate, to fix the same at one half of the average price of crop tobacco, which shall, and is hereby declared to be the rate at which the said tobacco fees due, or becoming due between every estimate, shall be paid in money. The clerk of the general court shall, as soon as may be after every estimate, furnish the register of the land office, and the clerks of the county courts each, with a copy of such estimate; that to the register to be by him constantly kept in his office, and those to the clerks to be by them recorded. | Tobacco fees, how payable in money. |
| IV. And whereas the allowance heretofore made to the marshal of the court of admiralty is very inadequate to his risk and trouble; Be it therefore enacted, That the marshal of the court of admiralty, for taking charge of, and selling any vessel or cargo, the tackle, apparel, or furniture of any vessel, agreeable to the sentence of the said court, shall be entitled to receive, instead of the allowance heretofore made him by law, two per centum commission upon the amount of every such sale. So much of an act entitled "An act for regulating tobacco fees, and for other purposes;" and of an act entitled, "An act for punishing persons guilty of certain thefts and forgeries, and fixing the allowance to sheriffs, veniremen, and witness in certain cases," as comes withing the purview of this act, is hereby repealed. | Marshal's allowance, of admiralty. |
| CHAP. VIII. | ||
| ||
| WHEREAS in the present alarming and critical situation of the war with a powerful enemy in the neighbouring southern states, it may be indispensably necessary to provide and collect in proper places, with the utmost expedition, large stores of provisions, either to supply our own militia or continental troops, or for supplying the troops sent by our good allies to the assistance of these Untied States; Be it enacted by the General Assembly, That the governour, with the advice of council, be empowered to appoint commissioners in such counties, within this commonwealth, as they may think necessary for the purpose of carrying this act into execution. | Preamble. | |
| And be it farther enacted, That each and every of the commissioners, before they enter upon the execution of their trust, shall take the following oath or affirmation, which may be administered by any justice of the peace in the county for which the said commissioners shall be respectively appointed, to wit: "I A. B. do solemnly swear or affirm, that I will diligently and faithfully, without favour, affection, or partiality, execute the duty and trust reposed in me by an act of the general assembly of this commonwealth, entitled An act for procuring a supply of provisions and other necessaries for the use of the army." Be it enacted, That all and every of the commissioners appointed and qualified as before directed, shall have power and authority, and they are hereby required to examine into the state and quantity of the provisions in the possession of every person and family within their respective counties, where they shall have reason to believe such supplies may be obtained, and to purchase the same, at such prices as are herein after stated. And if the holder of such provisions or other necessaries shall refuse to sell the same, then the said commissioners shall seize the same for the public use, under the following restrictions and limitations. Provided nevertheless, | Commissioners to procure provision for the army, by purchase or impressment. |
| that the commissioners shall leave in the hands of the tavern-keepers, a sufficient quantity of such enumerated articles, not only for the use of the family of such tavern-keeper, but as much as may be necessary for the accustomed consumption of such tavern. The commissioners aforesaid shall tender to each holder, for all provisions he can spare, receipts or certificates for the same, at the rates, and upon the conditions hereafter mentioned, that is to say: For pickled beef, twenty four shillings per pounds; for salted pork, thirty shillings per pound; for bacon, forty eight shillings per pound; for Indian corn, seven pounds per bushel; for wheat, twenty pounds per bushel; for rye, twelve pounds per bushel; for oats, five pounds per bushel; for pease, eight pounds per bushel; for superfine flour, sixty pounds per hundred weight; for common flour, fifty pounds per hundred weight; for ship stuff, forty pounds per hundred weight; for white bisket, seventy five pounds per hundred weight; for brown bisket, sixty pounds per hundred weight; for West India rum, thirty pounds per gallon; for taffia, twenty pounds per gallon; for brandy, twenty five pounds per gallon; for corn spirits, fifteen pounds per gallon; for allum salt, forty pounds; for French or fine salt, thirty pounds per bushel; provided, that the same exemption from seizure of salt as is extended to the importers thereof under this act, shall also be extended to the manufacturers of salt within this commonwealth. And provided also, that the proof herein after demanded of the importer, that he did bona fide import the articles found in his possession, shall extend to prove that he has not, subsequent to the importation, sold the said articles to another. All such receipts or certificates shall be payable at the treasury, within six months from the date, with an interest at the rate of six per centum thereon; allowing always for the difference of value between the time of payment and the delivery of the articles; which difference shall be previously settled by the board of auditors, according to the respective prices of tobacco; or otherwise any person holding such receipt or certificate, may pay them to the collector in discharge of his or her next money tax, or his or her next specifick tax, in like kind and quantity. | Stipulated prices. Certificates therefor, when and where payable. |
| And be it farther enacted, That if any person shall refuse to shew to the commissioners, when thereto required, his stock or quantity in possession, of any of the above enumerated articles, the said commissioners are hereby authorized and required to break open, in the day time, any house, barn, outhouse, mill, or storehouse, or other outhouses where any such enumerated articles may be suspected to be; and seize and take into his possession for the publick use of salted beef, pork, and bacon, the surplus; and of Indian corn, half the surplus; after leaving sufficient for the use of the family, or those in his or her service, to the first day of December next, of wheat, rye, oats, flour, rum, and other spirits, the surplus; after leaving sufficient for the use of the family to the first day of September, one thousand seven hundred and eighty one, and also a sufficient quantity of such grain for seed for the succeeding crop; of bisket, salt, rum and other spirits in the possession of any person or persons, for sale, not exceeding one half of the quantity on hand. If flour should be seized by the commissioners in the possession of any baker or bakers, then the said commissioners may store the same with such baker or bakers for the purpose of being made into bread, paying of baking thereof a reasonable allowance, to be ascertained by previous contract, should the person in whose possession such flour shall be so seized, be willing to undertake the same; and in case of refusal, then the said commissioners may cause the same to be removed to such other place as they may judge proper, for that or any other purpose. And if any person so called on by the commissioners shall wilfully secrete or conceal any of the before enumerated articles in his or her possession, he or she so secreting or concealing the same, being proved guilty thereof, shall forfeit and pay to the use of the commonwealth, treble the value of the articles so secreted or concealed; to be recovered by action of debt or information, instituted in any court of record by the said commissioners, or either of them. Provided always, that the quantity and kind of any of the above enumerated articles, to be collected by virtue of this act, in each county, may be farther limited by the directions of the governour, with the advice of council, as the publick exigence may permit. And to the end, that such limitation may be the more properly | In what cases, doors may be broken. |
| directed, the commissioners to be appointed by the act shall make monthly returns of their collections to the governour. Provided also, that the said commissioners shall not seize any provisions which may have been procured for the use of the crews of any vessels, if the quantity so procured, be not more than sufficient for their voyage; and that any articles herein before enumerated, which shall be in the possession of the importer thereof, shall be, and the same are hereby excepted out of this act. | |
| Provided always and be it enacted, That in every case where a doubt shall arise, whether any of the said enumerated articles have been imported by the person or persons possessing the same, the proof of such importation shall be upon the possessor. And be it farther enacted, That the said commissioners and each of them within the county for which they are respectively appointed, be authorized and required to hire and give certificates for the same in manner as before directed, or if need be, to seize any store-houses for the safe keeping the said enumerated articles, and to hire in manner aforesaid, or if need be to impress any horses, carriages, and their drivers, boats, and other vessels and their crews for transporting the same, and to hire persons and procure materials for making sacks, barrels, or other proper casks, or boxes for the containing or transporting the same; and in general to do all and every thing which may be needful for the procuring, collecting, and transporting the said enumerated articles, to such places either within or without the county, as shall be directed by the governour with the advice of council: All articles seized or impressed by virtue of this act, shall be paid for with certificates, in the same manner as is herein before directed to be paid to persons willing to sell what they had to spare. | Storage and transportation of provisions, how provided for. |
| And be it farther enacted, That any person who shall forge, counterfeit, alter, or erase, any certificate granted or directed to be granted by this act, or shall pass or tender such counterfeits in payment, knowing them to be so counterfeited, altered, or erased, or shall be aiding, abetting, or assisting in such forgery or counterfeiting, altering, erasing, or tendering, shall be deemed guilty of felony without benefit of clergy, and shall suffer death. The court of the county shall ascertain and certify the proper allowances to the commissioners | Forging or counterfeiting provision certificates, how punishable. |
| for their expense and trouble, which being examined, and the errours corrected by the auditors for publick accounts, shall be paid by the treasurer. Any commissioner who shall be so appointed, and refusing or neglecting to act, shall forfeit and pay the sum of one thousand pounds, to the use of the commonwealth, to be recovered with costs by action of debt or information in any court of record. The operation of this act so far as it relates to the seizure of salt, shall not be construed to extend to that article purchased by, and in quantities suited to the wants of, the owners for their private use, which may be in the custody of any other person (the onus probandi of such purchase, to lie on the person in possession) and shall cease on the first day of August next; and so far as it relates to any other matter or thing therein contained, shall continue and be in force until ten days after the beginning of the next session of general assembly, and no longer. | |||
| CHAP. IX. | |||
|
[Chan. Rev. p. 122.] | ||
| I. WHEREAS the time fixed by an 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," for surveying and returning surveys to the land office upon entries made with the surveyor of a county, before the twenty sixth day of June one thousand seven hundred and seventy nine, for lands lying upon the eastern waters, and for returning the plats of legal surveys made upon the western waters under the former government, and exchanging | See ante p. 35. Time allowed for returning surveys, and plats. |
| military warrants granted under the royal proclamation of one thousand seven hundred and sixty three, and not yet executed, will shortly expire, and many persons be thereby deprived of the benefit of such warrants and surveys: Be it therefore enacted, That all persons having such warrants, shall be allowed until the first day of July one thousand seven hundred and eighty one, to exchange such warrants; that the like time shall be allowed for returning such surveys to the land office, to such who were entitled to land for military service, for which certificates have not yet been obtained. | |
| II. And whereas the time limited in the act for explaining and amending the said recited act, to the commissioners for adjusting and settling the claims to unpatented lands within their respective districts, has been found too short for that purpose, Be it therefore enacted, That all the powers given to the said commissioners, except the commissioners for the county of Kentuckey, by any act or acts of assembly, shall be continued and remain in force for and during the farther term of twelve months. | Further time allowed to the western commissioners. |
| III. And whereas the allowance made to the said commissioners, surveyors, and sheriffs, by the first recited act, is inadequate to their services; Be it enacted, That each commissioner for every day he hath or shall be necessarily employed, in going to, attending on, and returning from the business of his office, shall receive sixteen pounds; the surveyor six pounds; and the sheriff four pounds, instead of and in lieu of the former allowances given by the said recited act; and that all necessary expenses for expresses and paper, shall be allowed the said commissioners in settling their accounts. And whereas the expense of carrying the said act into execution, will be greatly increased, and it is reasonable and just that the greatest part of such expense should be defrayed by the persons who are to be benefited by the same, Be it enacted, That every person who shall institute any suit for the title of lands before the said commissioners, shall pay down the sum of ten pounds, which shall be taxed in the bill of costs against the defendant, if he shall be case in the said suit and credited by the said commissioners in their account against the publick, in the | Further allowance to them and their officers. Tax upon litigants encreased. |
| same manner as the tax of ten shillings per hundred is accounted for. | |
| IV. And be it farther enacted, That the farther time of eighteen months be given to all persons who may obtain certificates from the said commissioners for pre-emptions on their obtaining warrants from the register of the land office to enter the same with the surveyor of the respective counties in which their claims were adjusted: Provided that the court of commissioners for the district of the counties of Monongalia, Yohogania, and Ohio, do not use or exercise any jurisdiction respecting claims to lands within the territory in dispute between the states of Virginia and Pennsylvania north of Mason's and Dixon's line, until such dispute shall be finally adjusted and settled. | Further time to enter warrants on pre-emption certificates with the surveyor. |
| V. And be it farther enacted, That all surveys upon entries, the execution of all warrants, and the issuing of patents for lands within the said territory shall also be suspended until the said dispute shall have been finally adjusted and settled; but that such suspension shall not be construed in any manner to injure or affect the title of any person claiming such lands. And whereas the business of the commissioners for settling the claims to unpatented lands, will be much lessened in the counties of Monongalia, Yohogania, and Ohio: Be it therefore enacted, That the governour with the advice of council, be empowered to appoint commissioners within or without the said district as he may think reasonable: And to the end that per-emption certificates heretofore granted by the commissioners of any district, and not returned to the register's office for want of time, or other impracticability, may not be lost to the holders thereof. Be it enacted, That where such pre-emption certificates may have been, or may hereafter be lost out of the owners possession, he or she upon a certificate from a court of record of such loss, which shall be granted upon satisfactory proof being made to such court, shall be entitled to receive from the register a warrant thereupon, in the same manner as he or she might have done upon the original certificate; that the farther time of twelve months after the passing of this act, shall be allowed to such persons to return the said certificates to the register's office for obtaining a warrant, and four months thereafter to enter the same with the surveyor of the county, | All claims within the territory claimed by
Pennsylvania, suspended. Further time to return pre-emption certificates, and providing in case of their loss. |
| which entries shall be good and valid as though they had been entered within the time heretofore prescribed by the said recited act. | |
| VI. And whereas many warrants from the register, may have been, or may hereafter be casually lost: Be it enacted, That upon satisfactory proof thereof being made, before any court of record, the owner shall obtain from such court a certificate, which shall authorize the register to issue a duplicate of such warrant, which shall have the same force as the original would have had; but such original shall be void, unless a grant shall be actually issued upon such original before application for the duplicate. | Lost warrants, how renewed. |
| VII. And whereas some doubts have arisen upon the construction of the acts, directing the granting warrants for land due for military service under the king of Great Britain's proclamation in the year one thousand seven hundred and sixty three: It is hereby declared that no officer, his heirs, executors, administrators, or assigns, shall be entitled to a warrant of survey for any other or greater quantity of land than was due to him, her, or them, in virtue of the highest commission or rank in which such officer had served, nor in virtue of more than one such commission for services in different regiments or corps, nor shall any non-commissioned officer or soldier be entitled to a bounty for land under the said proclamation, for his service in more than one regiment or corps. | Regulations concerning warrants for military service under proclamation of 1763. |
| VIII. And it is farther declared, That the register shall not issue to any person or persons whatever, his or their heirs or assigns, a grant for land for more than one service, as above described, nor to those who have received warrants for services since October one thousand seven hundred and sixty three, notwithstanding a warrant or warrants may have been heretofore issued, and the land surveyed, unless the claimant shall within six months from the end of this present session of assembly, produce to the said register, the auditors certificate for the payment of the state price of forty pounds per hundred, for the quantity of land in such warrant or warrants; and if such money is not so paid, that then the said warrants or surveys shall be to all intents and purposes void; and that the register may be able to comply with this law, he is hereby directed to make out, and keep an alphabetical list of all military | Further regulations. |
| warrants issued under the former, as well as the present government; in case of any assignment making therein, the name of every assignor, and the several surveyors with whom military warrants obtained under the former government, have been lodged or located, are directed to transmit to the register in the month of November next, or before that time, a list of all such warrants. |
| Pages 198-219
| Pages 241-262
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