Pages 279-299 
|  Pages 321-343
|
| Pages 279-299
| Pages 321-343
|
| CHAP. XXVIII. | ||
| ||
| BE it enacted by the General Assembly, That all the lands on Leatherwood creek, in the county of Henry; and all that tract of land commonly called the Wartmountain tract, in the said county of Henry, which formerly belonged to Walter King and John Harmer, esquires of Great Britain, and which have been escheated under the act of assembly "Concerning escheats and forfeitures from British subjects," being now conveyed by the said Walter King and John Harmer to Walter King Cole and George Harmer, esquires, to wit: The part of the lands belonging to the said Walter King, to the said Walter King Cole, and the part belonging to John Harmer, to the said George Harmer; both of whom are now resident in, and citizens of this commonwealth, shall, and the same are hereby declared not to be subject to sale under the said recited act; and the escheator for the said county of Henry is hereby directed to surcease all farther proceedings on any inquisition which may have been taken thereon. And the said Walter King, having conveyed to the said Walter King Cole one fourth part of certain lands, which the said Walter King was entitled to on Hat creek, in the county of Amherst; and also one plantation to be laid off to the said Walter King Cole, out of the possession of the said Walter King, commonly called Nassaw, as conveniently as might be to Hat creek, and to contain one thousand acres, together with all the negroes, stocks, emplements, and the whole of the crop made thereon in the year of our Lord one thousand seven hundred and seventy nine; which said lands, negroes, stocks, implements, and crop have been sold, and the money applied to publick uses, under the said recited act, Be it therefore enacted, That retribution shall be made to the said Walter King Cole, according to the measure prescribed by the said recited act; and the treasurer of this commonwealth is | Act concerning escheats and forfeitures from British subjects, suspended, as to lands, in Henry and Amherst conveyed by John Harmer to Walter King Cole, and George Harmer. |
| hereby directed and required to pay to the said Walter King Cole, the amount of sales of the aforesaid lands, negroes, stocks, and implements, as well as the amount of sales of the crop aforesaid, that have been received into the treasury, or which may therefrom be hereafter received in to the treasury. And the said John Harmer, having also conveyed to the said George Harmer, his whole estate, both real and personal within this commonwealth; and the said George Harmer having left Great Britain in expectation of receiving the said estate, which would have been sufficient for his support and maintenance, but the same being now escheated and sold, except the lands above mentioned, the said George Harmer is much distressed for want of the means of supporting and maintaining himself until it shall be determined whether retribution shall be made him, Be it therefore enacted, That the said George Harmer may, and his is hereby authorized to draw on the treasurer of this commonwealth for such sum or sums of money as may be judged [adjudged] necessary for his support and maintenance, by the governour and council, until it shall be determined, whether retribution shall be made the said George Harmer for his estate, confiscated and sold as aforesaid; and the treasurer of this commonwealth is hereby directed to pay the same out of the sequestered profits of the said George Harmer's estate, or the amount of sales thereof, upon the governour's warrant being produced to him therefor. |
| CHAP. XXIX. | |||
|
[Chan. Rev. p. 129.] | ||
| I. WHEREAS it is expedient that proper magazines for the reception of the arms, ammunition, and other publick stores, and a laboratory be speedily provided, Be it enacted by the General Assembly, That the governour, with the advice of his council may, and he is hereby empowered and required to cause such and so many magazines as shall be judged necessary, and a laboratory to be immediately erected at the publick expense, at such place or places as they shall think proper; and that reasonable satisfaction may be made to the proprietors of all lands which by virtue of this act may be taken and appropriated to the uses aforesaid, the clerk of the county wherein any such land shall lie, is hereby empowered and required, on requisition from the governour for the time being, to issue a writ of ad quod damnum, to be directed to the sheriff of the said county, commanding him to summon and empannel twelve able discreet freeholders of the vicinage, no ways concerned in interest in the said lands, nor related to the owners or proprietors thereof, to meet on the said lands respectively on a certain day to be mentioned in the said writ, not under five, nor more than ten days from the date thereof, of which notice shall be given to the respective proprietors of the said lands, if they be to be found within the county, and if not, then to their respective agents if any there be; which freeholders taking nothing, on pain of being discharged from the inquest and immediately imprisoned by the sheriff, either of meat or drink from any person whatever, from the time they came to the said place until their inquest sealed, shall be charged by the said sheriff impartially, and to the best of their skill and judgment to value the lands on which the said magazines and laboratory are to be erected, to be | Laboratory and magazines to be provided. Lands, how acquired. |
| laid off by order of the governour, and not exceeding three acres for each of the said buildings; and after such valuation made, the said sheriff shall forthwith return the same under the hands and seals of the said jurors, to the clerk's office of the said county; and the right and property of the said county; and the right and property of the said lands so laid off and valued, shall be immediately divested and be transferred to this commonwealth in fee simple; any want of consent or disability to consent in the said owners notwithstanding. The cost of building such magazines and laboratory, the cost of the said inquest, and the several sums at which the rights of the owners are valued, shall be paid by the treasurer, out of the publick money in his hands, to the undertakers of the said magazines and laboratory, to the said proprietors, and others respectively entitled, on warrants from the auditors, countersigned by the governour. | ||
 CHAP. XXX. | ||
| ||
| [Passed at the May Session 1780. −− See printed acts of May Session 1780, page 40.] | ||
| FOR continuing the act of assembly passed in the year one thousand seven hundred and seventy eight, entitled "An act for establishing the county of Ilinois, and for the more effectual protection and defence thereof," Be it enacted by the General Assembly, That the said act shall continue and be in force for one year after the passing of this act, and from thence to the end of the next session of assembly. And be it farther enacted, that the governour, with the advice of his council, may, and he is hereby authorised and | Act establishing county of Ilinois further continued. |
| empowered to settle and adjust all accounts with the several commandants, Indian agents, agents of trade, and other officers in the Ilinois department; and for their respective services, to make just reasonable allowance as to him shall seem just. | ||
| CHAP. XXXI. | ||
| ||
| WHEREAS the act of assembly passed in the year one thousand seven hundred and seventy six, entitled "An act for the appointment of naval officers and ascertaining their fees," which was continued by an act entitled "An act for continuing an act for appointing naval officers, and ascertaining their fees," will expire at the end of this present session of assembly, and it is expedient that the same should be farther continued; Be it therefore enacted by the General Assembly, That the act entitled "An act for appointing naval officers and ascertaining their fees," shall continue and be in force, from and after the expiration thereof, for two years, and from thence to the end of the next session of assembly. And the several naval officers shall demand and receive the following fees, in lieu of those established by the last recited act, to wit: For entering or clearing any ship or vessel of one hundred tons and under, thirty dollars; for entering or clearing any ship or vessel of more than one hundred tons, seventy five dollars; for taking a bond, twelve dollars; for a permit, twelve dollars; for a bill of health, twelve dollars; for a bill of stores, twelve dollars; for a certificate, twelve dollars; for a register, and recording the same, fifty dollars; for a copy thereof, or making an indorsement thereupon, twenty five dollars; for a copy of a manifest, fifteen dollars; for a passport, in conformity | Act for appointment, &c. of naval officers
further continued. Fees altered. |
| to the twenty seventh article of the treaty of alliance between his most Christian Majesty and the United States of America, fifty dollars; all which fees shall be paid in current money of this commonwealth. The bonds to be taken by the several naval officers on granting permits instead of those directed by the said first recited act, shall be as follows, to wit: If the ship or vessel be of one hundred tons burthen or under, the bonds shall be for fifty thousand pounds current money; if upwards of one hundred tons burthen, the bond shall be for one hundred thousand pounds of like money; and the bonds to be taken from all masters of ships and vessels for prevention of the dangerous consequences that may arise from the breach and contempt of embargoes instead of those directed to be taken by the said first recited at, shall be as followeth, to wit: If the ship or vessel be of one hundred tons or under, the bond shall be for twenty thousand pounds current money; if above one hundred and not exceeding two hundred tons, the bond shall be for forty thousand pounds; and if above two hundred tons, the bond shall be for one hundred thousand pounds; all which said bonds shall be forfeitable, and the penalties thereof sued for, and recovered in the same manner, and to the same uses as those directed to be taken by the said first recited act. And be it farther enacted, That all other bonds to be taken by the several naval officers in virtue of such office, and all penalties to be incurred by the respective naval officers, for neglect or breach of duty, shall be forty time s as much as those directed to be taken or incurred by the said first recited act, to be also sued for and recovered in the same manner, and to the same uses as those directed bo be taken and incurred by the said recited act: And be it farther enacted, That the master or commander of every ship or vessel shall, within forty eight hours after his arrival in any port, make report of, and enter his vessel and cargo with the naval officer of the district wherein the said vessel rides; and every master or commander of any ship or vessel failing herein, shall forfeit his said vessel and cargo; and any master or commander of any ship or vessel, breaking bulk, or disposing of any part of the cargo without obtaining a permit from the naval officer to trade within the said district, shall forfeit | Bonds altered. |
| his said vessel and cargo; to be seized in either of the above cases, by such officer or his deputy, and prosecuted in the court of admiralty, one moiety whereof shall be to the use of the informer, and the other moiety to the use of the commonwealth. | ||
| CHAP. XXXII. | ||
| ||
| 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 several subsequent acts, will expire at the end of this present session of assembly; and it is expedient that the same should be farther continued, Be it enacted by the General Assembly, 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. | Act empowering governour and council to lay embargoes further continued. |
| CHAP. XXXIII. | ||
| ||
| WHEREAS many of the good and faithful citizens of Georgia and South Carolina, have been, and may be compelled by the common enemy to fly their country, and seek shelter and protection in this commonwealth, but are prevented bringing their slaves hither by an act of assembly entitled "An act for preventing the farther importation of slaves," and it is incumbent upon the good people of Virginia to afford all possible relief to such our brethren in their present distressed situation; Be it therefore enacted by the General Assembly, That it shall and may be lawful (the said recited act notwithstanding) for any citizen of either of the said states, who hath been or shall be expelled therefrom by the enemy, to remove, or cause to be removed, his or her slaves into this commonwealth, and to continue such slaves, as well as the slaves which under the like circumstances have been removed hither since the twentieth day of May last, and their increase within this commonwealth, until one year next after the expulsion of the enemy from, or the restoration of civil government in the state from which such slaves were respectively removed, and no longer. And all and every such slave or slaves, or any of their increase, which shall be suffered to remain here after the expiration of the said term of one year, to be computed as aforesaid, shall become free; except only such of the said slaves as may by sold by the owner for his or her necessary support and maintenance, in manner hereafter directed: Provided always, that every person removing any slave or slaves from either of the said states, and desiring to take the benefit of this act, shall deliver to the clerk of the first county within this commonwealth into which any such slave or slaves shall be brought, within one month after their arrival therein, an exact list or schedule of each and every slave so removed, distinguishing the name, sex, and as near as may be the age of such slaves respectively, and the | Citizens of South Carolina and Georgia
authorised to remove their slaves into this state. How long to remain, and under what circumstances they may be sold. |
| state from whence they were removed; and such persons as have already removed any such slave or slaves into this commonwealth since the twentieth day of May last, shall within one month after the passing of this act, deliver to the clerk of the county into which such slave or slaves were first brought, a list or schedule as aforesaid; which in either case, such clerk is hereby required to enter of record, giving to the person a certificate thereof, upon his or her paying down the fee of one dollar for each slave, and also to transmit to the clerk of the council within one month thereafter, an attested copy of such list or schedule. And to give farther relief to the suffering citizens of the said states; Be it enacted, That all and every slave or slaves removed into this state under the regulations of this act, shall be exempted from any assessment or tax, for the space of one year from the date of their having been registered in the clerk's office as aforesaid: And be it farther enacted, That the governour with the advice of the council, may from time to time, grant to any citizen of either of the said states, a permit in writing, to dispose of or sell, any or so many of such slaves as shall appear necessary for the comfortable support and maintenance of such citizen, and his or her family; causing all such permits to be entered by the clerk of the council, in a book to be kept for that purpose. |
| CHAP. XXXIV. | |||
|
[Chan. Rev. p. 130.] | ||
| I. BE it enacted by the General Assembly, That so much of an act entitled "An act for establishing a loan office for the purpose of borrowing money for the use of the United States, and appointing a commissioner for superintending the same," as directs the loan office thereby established, to be kept in the city of Williamsburg, shall be and the same re hereby repealed; and that from and after the passing of this act the commissioner of loans for the time being, shall keep his said office at the town of Richmond, or such other place as the governour with the advice of council shall and may direct. And be it farther enacted, That in case of the death or resignation of any such commissioner during the recess of the general assembly, the governour and council shall and may appoint some other proper person to supply the vacancy thereby occasioned, to be approved of by the general assembly. | Commissioner of loans to remove his office to Richmond.
Vacancy in office, how supplied. | ||
| CHAP. XXXV. | |||
| |||
| WHEREAS in this time of publick danger, when a powerful and vindictive enemy are ravaging our southern sister states, and encouraged by success, are | Preamble, reciting the necessity of vesting the |
| making a rapid progress towards our own borders, it has become highly expedient, as well to oppose the common enemy in general, as to provide for the safety and defence of this state in particular, to vest the executive with extraordinary powers for a limitted time, Be it therefore enacted, That the governour, with advice of council, shall have full power, and he is hereby required, if need be, to call into actual service, from such counties as shall be judged most proper, any number of the militia, not exceeding twenty thousand men, including those already ordered out by virtue of the act of general assembly, entitled "An act to embody militia for the relief of South Carolina." And the militia to be called into service by virtue of this act, shall be officered and regimented by the governour, with advice aforesaid. The field officers may either be chosen from the militia field officers in the counties from whence the men shall be drawn, or from such persons as may be in this state, who have gained experience by long service in the continental army, as the governour, with advice of council, shall judge best. When regimented, they may be marched either to the northern states, or to the assistance of any of the southern United States. The troops to be drawn into service under this act, if marched out of this state shall be entitled to the same pay as those who are embodied by the before recited act for the relief of South Carolina. And whereas should this commonwealth be invaded, or there should be an insurrection within the same, it may be necessary for the publick security that the disaffected persons should be confined or removed. Be it enacted, That the governour be authorized, with advice of council, and he is hereby authorized and empowered, with such advice, to commit to close confinement, any person or persons whatsoever, whom there may be just cause to suspect of disaffection to the independence of the United States, and of attachment to their enemies; or to cause any such persons to be removed to such places of security as may best guard against the effects of their influence and arts to injure this community, and benefit the common enemy. And be it farther enacted, That in case of any insurrection within this commonwealth, or the same shall be invaded by the enemy, either by land or water, that all and every person or persons within the same, who shall act | executive with extraordinary powers. Power to call out militia, and appoint officers of experience. To march the militia out of the state. Governor & council authorised to confine or remove disaffected persons. In case of invasion or insurrection, those who assist the enemy subject to martial law. |
| as guides to, or spies for them, or who shall furnish the enemy with provisions or other necessaries; or who shall encourage desertion from the army, or who shall dissuade or discourage the militia from opposing the enemy, or who shall give intelligence, aid , or comfort to the enemy, shall, and they are hereby declared to be subject to the law martial as declared by congress on the twentieth day of September one thousand seven hundred and seventy six, in the fourth article of the sixth section, and the eighteenth and nineteenth articles of the thirteenth section of the continental articles of war. And that for the trial of such offenders, a court-martial, to consist of not fewer than thirteen commissioned officers, one of whom shall be a field officer, shall be called by the county lieutenant or commanding officer of the militia in the county where such offence shall be committed, or in any other county of this commonwealth, where such offender may be found. And such officers shall, before they proceed to trial, take the following oath, to be administered by a field officer or eldest captain present to the president of such court, and then by him to the other members. "You shall swear well and truly to try and determine, according to your evidence, the matter now before you, between the commonwealth and the prisoner to be tried; and that you will duly administer justice according to law." The commonwealth's attorney for the county where the trial is held shall attend the court, and act as judge advocate; and in case of his absence, the court is hereby authorized to appoint a person to act in his stead, and the sheriff or constable, as the court may direct, shall also attend to put in execution the orders and sentence of the said court. | |
| Provided always, That no sentence so given shall be carried into execution until the same shall be approved by the governour, with advice of the council. And to the end that the said articles may be properly promulgated, Be it enacted, That the executive shall cause a printed copy of them to be sent to the county lieutenant or commanding officer of every county in the commonwealth, and direct the same to be published three times in the Virginia gazette, together with this act. And be it farther enacted, That the powers given to the governour and council by an act of the present session, entitled "An act for procuring a supply | Sentence not to be carried into execution
until approved by governor & council. Articles of war to be published. |
| of provisions and other necessities for the use of the army," shall be extended to the obtaining of so many live cattle, linen for tents (except so much as is necessary for the use of each particular family) horses, waggons, boats or other vessels and their crews, and other necessaries as may be wanted for supplying the militia or other troops that are or may be ordered into actual service from this commonwealth; and also for supplying with provisions the convention troops and guard at the barracks in Albemarle; and the provisions and other necessaries so obtained, shall be valued and appraised by two disinterested persons, to be chosen by the owner thereof and the commissioner, being first sworn by the commissioner, and if those two disagree in opinion, they shall choose an umpire; and in case the owner shall refuse to choose a person to assist in making the said appraisement, the commissioner is empowered to appoint both; and such cattle and other necessaries shall be paid for, either in the manner as provisions procured by the said act are directed to be paid for, or by draughts on the treasury, as to the executive shall seem most convenient. Provided always, that not more than one half of the bullocks and barren cows belonging to any person, fit for slaughter, shall be subject to such seizure. And whereas several well disposed spirited friends to their country have offered to collect and serve as volunteers in the horse, provided they can be armed, accoutred, and provided with forage and other provisions at the publick expense, Be it enacted, That the governour, with advice of council, be authorized and empowered, and he is hereby authorized and empowered to call into the publick service as many companies of volunteer cavalry as the publick good may require, and to arm, accoutre, and furnish with pay, forage, and provisions, such volunteers at the publick expense. Provided, such volunteers shall agree to serve in the continental army till the last day of December one thousand seven hundred and eighty one. And such volunteers shall nevertheless compose and make part of the several divisions directed by an act passed this present session of assembly "An act for speedily recruiting the quota of this state for the continental army." And every division to which any such volunteer shall be allotted, shall have credit for, and be considered as having | Powers of governor, as to a supply of
provisions extended. Volunteer cavalry called into service. To be credited to their division of militia. |
| furnished the man required by the said recited act. And where a good printing press, well provided with proper materials, is indispensably necessary for the right information of the people; Be it enacted, That the governour, with the advice of council, be authorized, and he is hereby authorized and empowered to engage with, and employ, at the publick expense, and for the publick service, a good and able printer, of firm and known attachment to the independence of the United States, who may be willing to bring a good and well provided press into this commonwealth. | Governor, &c. authorised to set up a printing establishment, with an able editor, firmly attached to independence of U. States. |
| And whereas by an act passed this present session of assembly entitled "An act for putting the eastern frontier of this commonwealth into a posture of defence;" it is among other things directed that one sixth part of the militia of several counties therein enumerated, be trained and disciplined by captains and subalterns within the said counties, and held in constant readiness to march at a moments warning. Be it enacted, That whenever circumstances shall render it necessary to call out into actual duty the aforesaid portions of militia, the governour be empowered, with the advice of council, to appoint such and so many field officers to command them as shall be adjudged necessary; and he is also empowered, with the advice aforesaid, to appoint a major to command the marines to be raised and recruited by the said recited act; which officers shall be entitled to such pay and rations as the executive may think just and reasonable. And be it farther enacted, That this act shall be in force until the end of the next session of the general assembly, and no longer, except so much thereof as relates to the publick printer, the volunteers to be called into service by this act, and the officers to be appointed to command the forces raised for the defence of the eastern frontier. | Field officers to command militia on eastern frontier, how
appointed. Major of marines. |
| And whereas it is highly probable that the troops of every kind to be raised within this commonwealth will be ordered to act in the southern states, which will render the several places of rendezvous fixed by the act passed this present session of assembly, entitled "An act for speedily recruiting the quota of this state in the continental army," very inadequate. Be it therefore enacted, That the governour, with advice of council, be empowered to appoint two or more places of | Rendezvous of militia. |
| rendezvous on the south side of James river, for the purposes intended by the said recited act. And be it enacted, That the militia to be ordered into actual service by virtue of this law, as well as the militia already in actual service, under an act entitled "An act to embody militia for the relief of South Carolina, and for other purposes," shall, when in actual service, be subject to the continental articles of war. Provided, That all courts martial to be constituted for the trial of any offenders in the said militia, shall consist of such officers only as have immediate command in the said militia corps. | Subject to continental articles of war. To be tried by militia officers only. |
| And whereas several soldiers lately called in to service under the said recited act have already deserted, and it is likely many may desert who are to be raised under this act, and may not be taken until the militia shall be disbanded, to the great injury to the publick; Be it farther enacted, That the commanding officer of every county where such deserter or deserters may be found, is hereby directed to call a court-martial, to consist of five officers, not under the rank of captain, who shall cause such deserter or deserters to be apprehended, conveyed, and delivered to the nearest officer having command in the troops of this commonwealth, to serve in the said troops for eight months; and such deserters shall moreover be subject to such rules and articles of war as the troops aforesaid are subject to. and the commanding officer to any county who shall fail to summon such court-martial, or to use his best endeavours to cause the said deserters to be apprehended and delivered as aforesaid, shall forfeit, for every offence, five hundred pounds, to be recovered in any court of record, by bill, plaint, or information, and to inure one half to the informer, and the other half to the publick. | Deserters, how apprehended and dealt with. |
| Provided, That any quaker or menonist ordered into service by this or the last recited act, and failing to march, or deserting, shall be excused from personal service, but in every such case which hath happened or may happen, the county lieutenant or commanding officer of the militia shall direct the enlistment of a substitute, and levy the expense thereof on such of the religious society to which the delinquent belongs as | Quakers and menonists, on what terms exempted. |
| reside within his county, in the same manner as is directed by the act herein first recited, in the case of quakers and menonists, drafted for the continental service. | |
| CHAP. XXXVI. An act for establishing three new counties upon the western waters. | |
| WHEREAS the inhabitants of the county of Kentucky are subject to great inconveniences for the want of due administration of justice, arising principally from the great extent of the county, and the dispersed situation of the settlements, Be it therefore enacted, That from and after the first day of November next, the said county of Kentucky shall be divided into three counties, that is to say: All that part of the south side of Kentucky river which lies west and north of a line beginning at the mouth of Benson's big creek, and running up the same and its main fork to the head; thence south to the nearest waters of Hammond's creek, and down the same to its junction with the town fork of Salt river; thence south to Green river, and down the same to its junction with the Ohio, shall be one distinct county, to be called and known by the name of Jefferson. And all that part of the said county of Kentucky which lieth north of the line beginning at the mouth of Kentucky river, and up the same and its middle fork to the head; and thence south east to Washington line, shall be one other distinct county, and called and known by the name of Fayette. And all the residue of the said county of Kentucky, shall be one other distinct county, and called and known by the name of Lincoln. | Kentucky county divided, and Jefferson,
Fayette, and Lincoln formed. Boundaries. |
| And be it farther enacted, That a court shall be held by the justices of each of the said counties of Jefferson, Fayette, and Lincoln, respectively, after they shall take place, upon the following days in every month, to wit: For the county of Jefferson, upon the | Court days. |
| first Tuesday in every month; for the county of Fayette, upon the second Tuesday in every month; and for the county of Lincoln, upon the third Tuesday in every month, in such manner as is provided by law for other counties and as shall be by their commissioners directed. | |
| Provided always, That nothing herein contained shall be construed to hinder the sheriff of the said county of Kentucky as the same now stands entire from collecting or [and] making distress for any publick dues or officers fees which shall remain unpaid by the inhabitants thereof at the time such division shall take place, but such sheriff shall have the same power to collect and distrain for such dues and fees, and shall be accountable for them in the same manner as if this act had never been made. And be it farther enacted, That the court of the said county of Fayette shall have jurisdiction of all actions and suits in law and equity which shall be depending before the court of Kentucky county, at the time the said division shall take place, and shall and may try and determine all such actions and suits, and issue process and award execution thereon. And the justices and militia officers in the said counties of Jefferson, Fayette, and Lincoln, after the division shall take place, shall exercise their several offices in their respective counties, of which they shall be resident at the time when the division shall take place, until new commissions shall be issued. That the justices to be named in the commissions of the peace for the said counties of Jefferson, Fayette, and Lincoln, respectively, shall meet for the said county of Jefferson, at Louisville; for the said county of Fayette, at Lexington, and for the said county of Lincoln, at Harrodsburg; upon the first court day of each county, after the division shall take place, and having taken the oaths prescribed by law, and administered the oath of office to, and taken bonds according to law of, their respective sheriffs, every of the said courts may proceed to appoint and qualify a clerk, and fix upon places for holding courts in their respective counties, at or as near the centres thereof as the situation and conveniences of the respective counties will admit of ; and the courts of such counties shall thenceforth proceed to erect the necessary buildings for such counties, at such places respectively, and until |
| such buildings shall be completed, they shall appoint such places for holding courts as they shall think fit. Provided always, That the appointments for holding courts, and of clerks for the several counties aforesaid, shall not be made, unless a majority of the justices of such counties be present, where such majority shall have been prevented from attending by bad weather, or their being at such time out of the county, but in such cases the appointments aforesaid shall be postponed until some court day when such majority shall be present. And be it farther enacted, That it shall be lawful for the governour, with advice to the council, to appoint a sheriff for each of the said counties of Jefferson, Fayette, and Lincoln, respectively; which said sheriffs so appointed, shall continue in office during the term, and upon the same conditions as is by law appointed for other sheriffs. And be it farther enacted, That the surveyor of the county of Kentucky as it now stands, shall, as soon as the division shall take place, make his choice of the counties so divided, and shall make out and deliver to each surveyor of the other two counties, a fair and correct copy of all entries for lands in such other county which have not been surveyed, with the warrants or rights upon which such entries were founded; for each of which entries, he shall be paid by the surveyor furnished with such copy, three pounds of tobacco. | Surveyor of Kentucky, where to reside; and his duty as to
entries for land. | |
| CHAP. XXXVII. | ||
| ||
| BE it enacted by the General Assembly, That the ground to be appropriated to the purpose of building thereon a capitol, halls of justice, state house for the executive boards, and an house for the governour, shall be located on Shockoe hill; and those to be appropriated to the use of the publick market, shall be below | Capitol and publick buildings located on Shockœ hill, market, below the hill. |
| the said hill, on the same side of Shockoe creek; which location shall be made immediately; and where the nature of the ground shall render other form more eligible for the said uses than a square, it shall be lawful for his excellency Thomas Jefferson, esquire, Archibald Cary, Robert Carter Nicholas, Richard Adams, Edmund Randolph, Turner Southall, Robert Goode, James Buchanan, and Samuel Du-Vall, esquires, directors, or a majority of them, to lay off in such form, and of such dimensions as shall be convenient and requisite. The said directors shall cause the several tenements of irregular shape and size included within the limits of the town of Richmond, to be laid off into regular squares with intervening streets at such intervals as in the other parts of the town, unless by varying the said intervals more favourable ascents may be procured up the hill. They shall cause all the streets on Shockoe hill to be enlarged to a breadth, not less than eighty, or more than one hundred and twenty feet, of which breadth also shall be such new streets as shall be laid off below the hill as before directed; and whereby such enlargement or laying off new streets, or from any other circumstances, any house already erected shall happen to be in a street, it shall be lawful for the said house to be continued twenty years, and no longer. They shall also lay off, in the most easy direction, whether straight or curved, so many streets for ascending and traversing with facility, the several hills in the said town as may be thought necessary in any supposed state of future increase and population, and at such intervals as shall be convenient, making them to communicate with the streets above the brow, and below the foot of each hill. The injury which individuals shall sustain by opening new streets through their lots, and the expense of laying off and marking the said streets, shall be estimated by a jury, on a writ of ad quod damnum, in like manner as directed by an act, entitled "An act for the removal of the seat of government," for estimating the ground to be taken for the publick buildings; and shall be assessed by the directors on the several land holders within the said town, in proportion to the value of their respective lots, which assessments, shall be delivered to the sheriff of the county of Henrico, and shall be by him collected and paid to the several claimants in like | Commissioners may vary the form of the square. Irregular tenements, how to be laid off. Streets enlarged. Houses on streets to remain twenty years. Discretionary power, as to streets, for ascend- and traversing hills. Injuries to individuals, how ascertained and paid. |
| manner, under the like penalties, and subject to the like remedies as are provided by law for collecting and paying the publick taxes; and where the owner of any lot shall be not known, or not found, the sheriff shall levy the assessment on the said lot by sale of so much thereof as shall be necessary, offering the same by publick vendue, on advertising the same three weeks in the Virginia gazette, to him who will give the money required for the smallest proportion of the said lot, in such part thereof as the said sheriff shall designate, and his deed of conveyance to the purchaser shall operate as effectually in law for conveying the fee simple estate, as if the same were executed by the legal proprietor or proprietors. | |
| And whereas it may be expedient to enlarge the said town of Richmond by laying off a number of lots to be added thereto; and it may also happen that some of the lands adjacent to the said town may be more convenient for the publick uses, Be it therefore enacted, That the said directors, if it be found expedient, shall cause two hundred additional lots or half acres, with necessary streets, properly arranged, to be laid off adjacent to such parts of the town as shall seem most convenient; and they shall be at liberty to appropriate the six squares aforesaid, or any part of them, either from among the lots now in the said town, or those to be laid off as before directed, or of the land adjacent to the former or latter lots; and the said six squares and two hundred lots shall thenceforth be a part of the said town; the rights of the several owners and tenants of the lots of land so to be added to the town, and not appropriated to the publick uses, are nevertheless saved to themselves. And whereas the navigation leading to Shockoe landing is much obstructed of late by freshes, and by the natural course of Shockoe creek being altered, by which, large banks of sand have been thrown up, which, if not quickly removed, may render the navigation to the upper landing useless, to the great damage of the town of Richmond, as well as to the back inhabitants. And whereas it has been represented that a sufficient sum of money will be subscribed to open the said navigation, either by turning the water of Shockoe creek into its old channel, or by clearing the present channel to the warehouse landing, which, if effected, will be greatly beneficial to the inhabitants | Town of Richmond enlarged. Provision for improving navigation of Shockœ creek. |
| of the said town, as well as to the community at large; Be it therefore enacted, That the directors aforesaid shall be at liberty to open subscriptions for the above purpose, and the money so raised shall be by them laid out in such manner as in their judgment shall improve the said navigation, either by opening the old channel of the creek by bringing a greater quantity of water into that, or the present channel, or by such other ways as may best answer the intention of the subscribers, and benefit the publick. |
| Pages 279-299
| Pages 321-343
|