Pages 321-343 
|  Pages 367-389
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| Pages 321-343
| Pages 367-389
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| CHAP. V. | ||
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| WHEREAS the act of assembly entitled "An act for procuring a supply of provisions and other necessaries for the use of the army," hath expired, and it is expedient and necessary that the same should be revived and amended, Be it therefore enacted, That the said recited act shall be, and the same is hereby revived, and shall continue and be in force until the end of the next session of assembly, except as to the period of time to which the quantities of certain provisions necessary for the use of the owner's family shall not be subject to seizure, which period, instead of the first day of December, one thousand seven hundred and eighty, shall extend to the first day of December, one thousand seven hundred and eighty one; and except as to the prices allowed for the several articles therein enumerates; and except also as it relates to salt, rye, superfine and common flour. The governour, with advice of the council, shall appoint a commissioner, whose business it shall be, after giving bond and security for the due and faithful discharge of his duty, to superintend the execution of this and the said recited act; he shall reside at the place where the executive shall sit, or in the neighbourhood thereof; shall and may appoint a deputy in each county where he shall judge it necessary, and the same to remove at pleasure; every deputy so appointed shall be accountable to the commissioners for his transactions; each deputy shall keep exact accounts of the provisions procured in his county, under the said act; he shall also settle with the commissioners of the specific tax in his county, and make accurate returns thereof to the said commissioner once in every three months at least; the said deputy shall, from time to time, observe such instructions and regulations as the said commissioner, with advice of the executive, may think proper to establish for their government and direction; the said commissioner shall raise | Act for procuring a supply of provisions for the use of the army, revived and amended. |
| proper accounts against the continent for such provisions as shall be taken and applied to the continental use; the said commissioner and deputies shall be entitled to such sums of money for their trouble as the governour, with advice of council, may think they respectively deserve, to be paid by the treasurer, on warrant from the governour; every such warrant to be previously entered in the auditors office. And be it farther enacted, That all seizures hereafter made by virtue of this and the said recited act, shall be paid for in manner and form therein prescribed, and at the following rates, to wit: For wheat, sixty six dollars and two thirds of a dollar per bushel; for Indian corn, twenty dollars per bushel; for pease, thirty dollars per bushel; for oats, fifteen dollars per bushel; for pickled beef, eight dollars per pound; for salt pork, twelve dollars per pound; for brandy, sixty dollars per gallon; for whiskey, forty dollars per gallon; for taffia, fifty dollars per gallon; for West India rum, eighty dollars per gallon; for white biscuit, three hundred dollars per hundred weight; for ship bread, two hundred dollars per hundred weight; for fine flour, two hundred dollars per hundred weight; for seconds or ship stuff, one hundred dollars per hundred weight. | Prices of provisions. |
| And be it farther enacted, That if any person shall think him or herself aggrieved by any deputy in the execution of this or the said recited act, every such person shall have the right of appeal to the commissioners of the tax in his or her county, who, or any two of them, are hereby authorized and empowered to hear such complaint, and upon proof to them made, that such deputy hath acted contrary to the directions of this or the said recited act, shall order such deputy to make immediate restituion, and on failure so to do, he shall be liable to the action of the party grieved. And whereas the late invasion on the eastern frontier rendered it indispensably necessary for the governour and council to procure provisions in the mode prescribed by teh said act, notwithstanding the expiration htereof, in order to supply the militia called into duty in consequence of such invasion; Be it therefore enacted, That all proceedings of the governour and council under the said act are hereby delcared valid. And whereas great delays and inconveniencies will arise to |
| the army unless quantities of forage can be procured for the use of the same, Be it enacted, That the governour, with the advice of the council, be authorized and empowered to take such measures as shall be most effectual for providing sufficient quantities of hay, fodder, and other forage for the use of the hay, fodder, and other forage for the use of the said army. Provided, that not more than one sixth of the quantity of forage in the possession of any person shall be taken under this act, and the quantity so taken shall be ascertained and paid for in the manner directed by the said recited act. | |
 CHAP. VI. An act to establish a corps of invalids to serve as guards and on garrison duty. | |
| WHEREAS there are great numbers of wounded and other soldiers discharged from the publick service as invalids, who receive liberal pensions from the community, and who if collected and formed into corps might render good service by doing garrison duty, and thereby compensate for the expense they create, and that such pensioners may be more amply provided for; Be it enacted by the General Assembly, That the governour with the advice of council, be authorized to collect all such pensioned soldiers as come within the above description, who are willing to enlist and are fit for garrison duty of any kind, and direct them to be formed into one or more companies as he shall think proper, to be officered by pensioned officers or others as to the executive shall appear most conducive to the publick good. And for the more certain and speedy collecting such invalids, Be it farther enacted, That the county lieutenant or commanding officer of the militia of each county and corporation within this commonwealth, shall and they are hereby directed to make diligent enquiry in their respective counties and corporations without delay, and report to the governour | Corps of invalids, for guards and garrison duty, established. |
| a list of all such invalids, distinguishing in such list the nature of the wound or other incapacity that hath occasioned his discharge. And be it farther enacted, That such invalids when formed into corps as aforesaid, shall be stationed at such posts or places as it shall appear to the executive they may be most usefully employed, and such corps so embodied shall be entitled to the same pay, rations, and clothing, as the troops now in continental service in lieu of such pensions, and be subject to the articles of war that govern the troops in the immediate service of this commonwealth. | |
| CHAP. VII. An act for procuring a supply of money for the exigencies of the war. | |
| WHEREAS the immediate and pressing exigencies of the war require the farther emission of paper money until the measures heretofore adopted in this commonwealth for procuring supplies of money shall have their operation, Be it therefore enacted, That the treasurer of this commonwealth shall, and he is hereby directed and empowered to issue treasury notes in dollars for any sum or sums of money which may be necessary for the publick exigencies; the sum or sums of money to be issued by virtue hereof shall not exceed the sum of six millions of pounds, unless the exigencies of government should render a farther sum necessary, in which case, the governour, with advice of the council, may direct any farther sum, not exceeding four millions of pounds, to be emitted, and lay a state thereof before the next session of assembly, who will provide for the redemption thereof; and the governour, with the advice of council may, and he is hereby required, if the necessities of the state will permit at any time hereafter, to stop the emission of all or any part of the bills of credit hereby directed to be issued. The treasurer shall cause the said notes to be engraved and | Further emission of treasury notes, or paper money. |
| printed in such manner, and upon such paper as he may judge most likely to secure them against counterfeits; the face of the notes thus to be emitted shall read in manner following, to wit: No. −−−−, −−−− Dollars. This bill of −−−− dollars, or the value in gold or silver, at the rate of one for forty, at the treasury of Virginia, on or before the thirtieth day of December, one thousand seven hundred and ninety. And on each of the said notes the treasury shall cause such a device to be printed as will readily distinguish the said bills from any others theretofore emitted in the commonwealth. He shall also appoint proper persons to overlook the press, to number and sign the said notes, upon the best terms he can, always observing to publish the names of such numberers and signers in the newspaper. The bills of credit to be emitted by virtue of this act, shall be entered in the auditors office to the treasurer's account, and be signed, on some part thereof the most convenient, by one of the auditors of publick accounts, or by one of their clerks, or by an assistant clerk to be appointed by the auditors for this special purpose, who shall receive such an allowance for his trouble as they shall judge reasonable, without which signature the said bills of credit shall not be current. And for establishing a fund which shall prove sufficiently productive for the redemption of the bills of credit hereby to be emitted; Be it farther enacted, That a tax shall hereafter be imposed upon the lands, slaves, and other property within this commonwealth, by way of general assessment, adequate to that end which tax shall be imposed, and collected in such manner as to redeem the whole of the bills of credit to be emitted by virtue hereof within five years, to commence from and after the thirtieth day of December, in the year of our Lord one thousand seven hundred and eighty five. The money hereby to be emitted shall be received in payment of all taxes heretofore imposed, or hereafter to be imposed, and shall be a legal tender in discharge of all debts and contracts, in the same manner, and under the same restrictions that the money emitted by the last session of assembly is declared to be by an act of the present session, entitled "An act to explain and amend the act for calling in and redeeming the money now in circulation, and for emitting | One for forty money. Taxes for the redemption. |
| and funding new bills of credit, according to the resolutions of congress of the eighteenth of March last." The treasurer of this commonwealth shall, and he is hereby authorized and empowered to exchange any of the bills of credit hereby to be emitted for the paper bills of credit emitted by congress and now in circulation in this commonwealth, except the bills of credit emitted agreeable to the resolutions of congress of the eighteenth day of March last; and also for any of the bills of credit heretofore emitted in this commonwealth, with any person or persons who may be willing and desirous of doing the same. | |
| And be it farther enacted, That he or she shall be adjudged a felon, and shall suffer death without the benefit of clergy, who shall forge or counterfeit, alter or erase any bill of credit or treasury note, to be issued by virtue of this act; or who shall cause or procure such bill of credit or treasury note to be forged or counterfeited, altered or erased, or shall aid or assist in forging or counterfeiting, altering or erasing such bill of credit or treasury note, or shall pass or tender, or shall cause or procure to be passed or tendered any such bill of credit or treasury note in payment or exchange, knowing the same to have been forged or counterfeited, altered or erased, or shall have in his or her custody or possession any press, types, stamp, plate, or other instrument necessary to be used in the fabrication of any such bill of credit or treasury note, and not actually used in some publick printing office, or any paper, with or without signature, on which the characters or words that are contained in a genuine bill of credit or treasury note are or shall be impressed or inscribed in like order as they are in such bill of creditor treasury note which hath been altered or erased, knowing the same to have been altered or erased, and shall not discover such press, types, stamp, plate, instrument, paper, or altered bill of credit or treasury note, to two justices of the peace, within five days after the same shall have come to his or her possession; any person or persons charged with having been guilty of any one or more of the above mentioned offences, shall be prosecuted and tried in the manner as directed for the trial of like offences, by an act of assembly passed in the year of our Lord 1779, entitled | Forging or counterfeiting paper money, death without clergy. |
| "An act for punishing persons guilty of certain thefts and forgeries, and fixing the allowance to sheriffs, veniremen, and witnesses, in certain cases." | ||
| And whereas the anticipation of publick revenue, occasioned by the claims of those holding certificates for provisions and other articles obtained for publick use, under the acts and resolutions of the last and present sessions of assembly, may produce great embarrassment, unless such certificates are made payable in discharge of publick taxes; Be it farther enacted, That all certificates granted by the publick agents and commissioners, agreeable to any act or resolution of the last or present session of assembly, for horses, provisions, or other articles, furnished the publick, shall be and the same are hereby declared to be receivable in discharge of any tax or duty whatsoever, which may be due from the possessor thereof. | Certificates receivable in taxes. | |
| CHAP. VIII. | ||
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| WHEREAS it hath been represented to this present general assembly, that John Meacom, deceased, was in the year one thousand seven hundred and seventy six, convicted of, and executed for murdering one of his own slaves, and his whole estate thereby became forfeited to the commonwealth, was soon afterwards sold, and the money arising from the sales thereof, paid into the publick treasury, whereby Ann Meacom the widow and five children, orphans of the said John Meacom, are rendered destitute of the means of support; and it being expedient to extend grace and favour to the widow and children of the said John Meacom; Be it therefore enacted, That the treasurer shall and he is hereby required, to pay the money arising from the | Money arising from the sale of the estate of John Meacom, which was forfeited and paid into the treasury, on his conviction & execution for the murder of one of his own slaves, directed to be repaid to his widow & children. |
| sale of the estate of the said John Meacom to the said Ann Meacom and five children, in the following proportions, that is to say, one sixth part thereof to the said Ann Meacom, and the other five sixths in equal proportions to the children of the said John Meacom, or to such person or persons as by law may be entitled to receive it for them. | |
| CHAP. IX. An act for adding part of the county of Augusta to the county of Monongalia. | |
| BE it enacted, That all that part of the county of Augusta, north-west of the line that divides Augusta from Green Brier on the top of the ridge, that divides the waters of Green Brier from those of Elk and Tyger's valley, and with that ridge to the ridge that divides the waters of Potowmack from those of Cheat, and with the same to the line that divides Augusta and Rockingham, shall be and the same is hereby added to and made part of the county of Monongalia. Provided always, that nothing herein contained, shall be construed to hinder the sheriff of the said county of Augusta from collecting and making distress for any publick dues or officers fees which shall remain unpaid by the inhabitants thereof, at the time of passing this act; 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. | Part of the county of Augusta added to Monongalia. |
| And be it farther enacted, That the court of the said county of Augusta, shall have jurisdiction of all actions and suits in law and equity which shall be depending before them, and shall and may try and determine all such actions and suits, and issue process and award execution thereon. |
| CHAP. X. An act to extend the jurisdiction of a single magistrate in certain cases. | |
| WHEREAS by an act of assembly passed in the year one thousand seven hundred and forty eight, establishing county courts, and directing the rules and proceedings therein, it is enacted, that all causes under twenty five shillings or two hundred pounds of tobacco, are cognizable before a single justice of the peace. And whereas by the depreciation of the paper money, the power of a justice of the peace is in a measure done away, and creditors must be deprived to institute suits in the courts of law, by which means the greater part of the debt will be expended in the prosecution for recovery thereof; Be it enacted, That a single justice of the peace may have cognizance and finally determine any cause whatsoever, where the sum shall not exceed two hundred pounds of tobacco or the value thereof in paper money, according to the depreciation or price of tobacco from time to time settled by the grand jury of the general court; and the said justice of the peace is hereby empowered to give judgment for any such sum as above empowered to give judgment for any such sum as above mentioned, and may award execution for the same against the goods and chattels of the debtor or party against whom such judgment shall be given, which shall be executed and returned by the sheriff or constable to whom directed, in the same manner as in other cases of fieri facias are to be executed and returned, but no execution shall be by him granted against the body of the defendant. | Jurisdiction of a single justice encreased, in a ratio with the depreciation of paper money. |
| CHAP. XI. | ||
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| WHEREAS great inconveniencies attend the method of appointing deputy surveyors, as the laws heretofore have directed. For remedy whereof, Be it enacted by the General Assembly, That deputy surveyors may and shall be appointed in manner following, that is to say. The principal surveyor of any county desiring to have one or more deputy, or deputies commissioned, shall recommend such person or persons as he may think properly qualified for the office to the court of the county of which he is surveyor. The court shall thereupon appoint and direct one or more fit persons to examine into the capacity, ability, and fitness of the person or persons recommended to execute such office; and upon a certificate of such examination, and report of the capacity, ability, and fitness of the person or persons so recommended, the said court are hereby empowered and directed to appoint him or them to act as deputy or deputies, for whose conduct in every respect touching his office, the principal surveyor shall be answerable. And all deputies so appointed, shall have power and authority to act and do in all things, and to every intent and purpose as deputy surveyors heretofore acted by law. | Duputy surveyors, how appointed. (See Oct 1783, c. 32.) |
| CHAP. XII. | |||
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[Chan. Rev. p. 132.] | ||
| I. WHEREAS it is represented to this present general assembly, that from the inclemency of the weather during the sitting of the commissioners appointed to adjust and settle the titles of claimers to unpatented lands, many witnesses were prevented from attending the said commissioners and the parties at whose instance they were summoned, lost the benefit of their testimony, and thereby failed to support their claims. For remedy whereof Be it enacted, That it shall and may be lawful for any person, his or her heirs or assigns, aggrieved or injured by the determination of the said commissioners, to enter a caveat against a grant thereupon, until the matter shall be heard before the general court; and that any person or persons who may hereafter in like manner be aggrieved by the determination of any commissioners who shall sit for the purpose aforesaid, shall be entitled to the same mode of redress as above mentioned, and may petition the said court to have his or her claim considered, and upon its being proved that he or she laboured under such disability at the time of the meeting of the said commissioners thereupon; the court shall grant him or her a hearing in a summary way, and if it shall appear that the petitioners claim is just, the court may reverse the former determination and order a grant to issue for such land, or any part thereof, to the person to whom they shall adjudge the same, on the terms prescribed 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." | Preamble. Caveats allowed against the judgment of the commissioners. |
| II. And whereas the allowance made to commissioners who are appointed to carry into execution the abovementioned act, and to the surveyors, sheriffs, and clerks attending the same, are now insufficient. For remedy whereof, Be it enacted, That each commissioner for every day he shall be necessarily employed in going to, attending on, and returning from the business of his office, shall receive thirty pounds; the surveyor twelve pounds; and the sheriff eight pounds, in lieu of the allowance formerly provided. | Further allowance to commissioners and attendants. | |
| III. 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 farther enacted, That for every hundred acres of land contained within the certificates to be granted by the commissioners, the party receiving the same shall pay five dollars to the commissioners, besides a fee of twenty shillings for each certificate to the clerk. | Tax on litigants raised. | |
| CHAP. XIII. | ||
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| WHEREAS the allowance to inspectors hath been found inadequate to their trouble; Be it therefore enacted, That instead of the allowance heretofore made by law to inspectors for inspecting tobacco, they shall be allowed and paid the following salaries, to commence from the tenth day of October last past, that is to say, to each of the inspector's at Guilford's and Pungoteague under one inspection 3500, at Roy's 5000, at Kennon's 3000, at Bolling's point 6000, at Bollingbrooke 6000, at Cedar Point 6000, at Hobb's Hole 3000, at Bowler's 3000, at Layton's 3000, at Colchester | Salaries and allowances of inspectors of tobacco encreased. |
| 4000, at Alexandria 4000, at the falls of Potowmack 3000, at Poropotank 3000, at Deacon's neck 3500, at Crutchfield's 5000, at Page's 5000, at Warwick 5000, at Rocky Ridge 7000, at Osborne's 6000, at John Bolling's 4500, at Byrd's 7000, at Shockoe's 7000, at Smithfield 3000, at Shepherd's 3000, at Mantapike and Frazer's under one inspection 3000, at Todd's and Aylett's under one inspection 4500, at Boyd's Hole 3500, at Falmouth 5000, at Dixon's 5000, at Gibson's 3000, at Davis's 3000, at north Wycomico and south Wycomico under one inspection 3000, at Indian creek 3000, at Deep creek 3000, at Urbanna 3000, at Milner's 3000, at South Quay 4000, at Cherrystone's and Hungar's under one inspection 2500, at Littlepage's 3000, at the Brick House 3000, at Coan's 3000, at Boyd's 6000, at Quantico 5500, at Dumfries 5500, at Cat Point 3000, at Totuskey 3500, at Cabin Point 4000, at Gray's creek 3500, at Aquia 3500, at Fredericksburg 5000, at Royston's 5000, at Denbeigh 2500, at Nomony 3000, at Leed's and Mattox under one inspection 4000, at Yocomico and Rust's under one inspection 4000, at the capital and college landings under one inspection 3000, at Roe's 2500 pounds of crop tobacco. | |
| And be it farther enacted, That there shall be paid to the inspectors at each of the said warehouses thirty four pounds of tobacco for every hogshead of tobacco by them inspected, in lieu of the former allowance, to be paid by the owner at the time of receiving and inspecting the same; and the inspectors at each warehouse shall in lieu of the allowance now by law given for storage, pay to the proprietor thereof six pounds of tobacco for each hogshead so received and inspected, and for all tobacco lying more than twelve months at the rate of twelve pounds of tobacco a year for each hogshead, to be paid by the shipper, there shall also be paid to the inspectors at each warehouse twenty five pounds of tobacco for every hogshead reprized, for reprizing and finding nails, to be paid by the proprietor, and twenty five pounds of tobacco for every hogshead prized up and exchanged for transfer notes and finding nails, to the use of the inspectors, in lieu of the tobacco directed to be paid for the said services by the act entitled "An act to amend the several acts |
| of assembly respecting the inspection of tobacco, " and that the said tobacco shall be paid for in money at such rate as the grand jury estimated the same at the last October general court until March court next, at which time the grand jury shall estimate the current price of crop tobacco, at which rate the tobacco herein respectively mentioned shall be paid. | ||
| And be it farther enacted, That from and after the passing of this act, the inspection called Cary's shall be and the same is hereby discontinued, and the present inspectors at the said warehouse are hereby directed to deliver on oath a list of all such tobacco as remains in the said warehouse to the inspectors at Rocky Ridge inspection, who are hereby directed to give a receipt for the same and to take the said tobacco under their care, and in case of loss after such receipt given, shall be liable for the same as for tobacco lost from the warehouse where they are inspectors, and shall deliver the same when demanded, and take and receive of the shippers such fees as by law are due on tobacco shipped from other inspections, and account for the same as by law directed. And be it enacted, That this act together with all other acts heretofore passed relative to the inspection of tobacco, shall expire on the last day of November one thousand seven hundred and eighty one. | Cary's warehouse discontinued. | |
| CHAP. XIV. | ||
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| WHEREAS by an act of assembly entitled "An act for laying a tax payable in certain enumerated commodities," every tithable within this commonwealth is chargeable with certain specific commodities, payable on or before the thirty first day of March last, and the time for payment of the aforesaid tax, was by an act passed at the last session extended to the first | Further time allowed to pay specific tax. |
| day of October last, which said act not being promulgated, and from other causes the said tax has been partially collected. For remedy whereof, Be it enacted, That every delinquent of the said tax due on or before the first day of October last, pay or deliver to the commissary of their respective districts on or before the first day of March next ensuing, the specific commodities due as aforesaid, which being paid, the said commissary's receipt shall be a discharge; otherwise the commissioners shall immediately assess the value of such commodities due, and direct their respective sheriffs to proceed to collecting as by the said recited act is directed. And be it farther enacted, That the commissioners who were chosen in the months of August, September, or October last, carry this act into execution. | |
| CHAP. XV. An act for the more effectual collection of taxes and publick dues. |
[Chan. Rev. p. 132.] |
| I. WHEREAS it hath been found by experience that an alteration is necessary to be made in the auditors office, and that a solicitor or superintendant of accounts should be appointed for the more fully calling to account all persons indebted to the publick, Be it therefore enacted, That a person be chosen by joint ballot of both houses of assembly, to act as solicitor general and to be exempt from militia duty, and to continue in office until removed by the governour with advice of council, or by joint vote of both houses, and in case of death or resignation, that the governour and council during the recess of the assembly be empowered to appoint some other fit and able person to act in his stead until the end of the next general assembly. The solicitor so appointed, shall not be able to act or perform any of the duties of his office until he shall have taken the oath of fidelity to the commonwealth, and also an oath impartially and honestly to execute | Preamble. Solicitor general appointed. His oath. |
| his duty, which oaths shall be taken during the sitting of the honourable general court before the said court, and during their vacation before some judge thereof, or before any county court within this commonwealth, and be entered of record, any judge of the general court administering such oath to certify the same to his next court in order that the same may be recorded, and a certificate shall be given to the person so qualified by the judge or the clerk of such court before whom the said oaths may be taken. The said solicitor immediately on his qualifying as aforesaid, is hereby authorized and empowered to examine from time to time the books of accounts kept by the board of auditors, and to compare the same with their vouchers, to see that all monies to be paid by their warrants are entered and charged to the proper accounts therefor, or to the persons properly chargeable therewith and that the taxes levied be also credited to their respective and proper accounts, keeping all taxes raised under any one law separate and apart from the other. To cause a correct list of all balances due either to or from the publick to be stated together with the amount of the several taxes, and lay the same before the general assembly at the first meeting of every session. To state and prepare in a regular manner accounts against all and every persons indebted to the publick, on monies advanced them for any purpose, and failing to account with the auditors therefor in due and reasonable time and attend the attorney general therewith and with such vouchers as the said attorney may think necessary. Also to state accounts for money or other publick property against all publick officers of every denomination indebted to the publick, especially against sheriffs, escheators, clerks, inspectors, commissaries, quarter-masters, keeper of publick stores, paymasters, naval officers, county lieutenants, or recruiting officers, either in the land or sea service, to collect the vouchers likewise necessary to prove their accounts, and attend the attorney for the purpose of obtaining judgments thereon at such times as are already or may hereafter be directed by law for the more speedy recovery of money in their hands due to the publick. | His duty. |
| II. And for the more effectual obtaining that end, Be it enacted, That it may and shall be lawful for the attorney general to move for judgments on any day | Motions against delinquents. |
| during the setting of the general or oyer courts against any person or persons indebted to the publick. The solicitor hereby appointed is also farther authorized and required to state and enter into the auditors books, the amount of all judgments that may be obtained, together with the damages and costs, that the same may be charged to the proper account of the person against whom a judgment has been entered, and thereupon to issue executions and send the same by express to the sheriff or coroner, the charge of which express, as well as of giving notice being first paid by the publick, to be recovered of the person against whom such execution issued, by motion in the general or county court. The solicitor is also directed to attend to the stating and adjusting in a proper book or books for that purpose to be provided at publick expense, all accounts for monies heretofore advanced to sundry persons before the establishment of the auditors board, and still remaining unsettled and unaccounted for, and to charge on all such debts that may appear due, deprecation; regulating himself by the price of tobacco at the time of advance, from the best information he can procure, and the price of tobacco at the time of payment agreeable to the valuation of the grand jury. And for the more effectually settling the accounts of the publick, prior to the establishment of the auditors board, the said solicitor is empowered to inspect the books and papers of the committee of safety, the council of state, the treasury office, and the navy board, and to collect all papers and vouchers necessary for the recovery of the said money, and also to superintend the stating of the continental account both past and future, the collection of the vouchers necessary for the support thereof, and direct the mode most proper for the adjusting the same. And the said solicitor is directed in all doubtful matters of law, to require counsel of the attorney general, and when farther assistance in the prosecution of his duty is necessary to employ one or more clerks, who shall be allowed for their services what the solicitor and any two of the auditors shall think proper, so that the same shall not exceed the salaries given by law to the clerks of the auditors, to be paid by the treasurer on warrant from the auditors. And for the services of the solicitor, he shall be allowed and paid out of the publick treasury in quarterly payments | To take advice of the attorney general. To appoint a clerk. Solicitor's allowance. |
| on warrant from the auditors, thirty thousand pounds of tobacco, to be estimated in the same manner as directed by the act of assembly "For giving more permanent salaries to the governour, the council, and the other officers of state." | |
| III. And whereas great delays in collecting the money, arise from the commissioners failing to return the county assessments to the auditors office in due time, and by the remissness of county courts and assessors in the discharge of their duties respectively, Be it enacted, That the justices of every county failing either to appoint commissioners in cases directed by law, or neglecting their duty in any other respect as directed by the several acts of assembly for appointing commissioners and prescribing their duty, shall forfeit and pay five thousand pounds of tobacco each. The commissioners failing in their duty as required by the said acts, shall forfeit and pay ten thousand pounds of tobacco each, and the assessors failing or refusing to perform their duty as required by the said acts, shall each of them forfeit and pay five thousand pounds of tobacco. | Penalty on county courts, commissioners, and assessors, encreased. |
| CHAP. XVI. An act declaring what shall be a lawful marriage. |
[Chan. Rev. p. 133.] See May 1783, ch. 35. |
| I. FOR encouraging marriages and for removing doubts concerning the validity of marriages celebrated by ministers, other than the church of England, Be it enacted by the General Assembly, That it shall and may be lawful for any minister of any society or congregation of christians, and for the society of christians called quakers and menonists, to celebrate the rights of matrimony, and to join together as man and wife, those who may apply to them agreeable to the rules and usage of the respective societies to which the parties to be married respectively belong, and such marriage | Who may celebrate rites of matrimony.
Former marriages by dissenting ministers confirmed. |
| as well as those heretofore celebrated by dissenting ministers, shall be, and they are hereby declared good and valid in law. | |
| II. Provided always, and it is the true intent and meaning of this act that nothing herein before contained shall extend or be construed to extend to confirm any marriages heretofore celebrated, or hereafter to be celebrated between parties within the degrees of affinity or consanquinity forbidden by law. Provided also, that no persons except the people called quakers and menonists, shall hereafter be joined together as man and wife, without lawful license first had, or thrice publication of banns in the respective parishes, or congregations where the parties to be married may severally reside, agreeable to the directions of an act of assembly passed in the year one thousand seven hundred and forty eight, entitled "An act concerning marriages." Provided, That the license so obtained may be directed to any regular minister that the parties to be married may require. Every minister of any society or congregation, not of the church of England, offending against the directions of the said act concerning marriages, shall be subject to the same pains and penalties in cases of omission or neglect as by the said recited act are imposed upon ministers of the church of England. | Exception in cases of incest. No marriage (except between quakers and menonists) but on licence or publication of banns. Penalty. |
| III. And be it farther enacted, That instead of the fees prescribed by the said recited act, the several ministers may demand and receive for the celebration of every marriage, twenty five pounds of tobacco, and no more, to be paid in current money at the rate which shall be settled by the grand jury at the term of the general court next preceding such marriage. | Fees. |
| IV. And that a register of all marriages may be preserved, Be it enacted, That a certificate of every marriage hereafter to be solemnized signed by the minister celebrating the same, or in the case of quakers, by the clerk of the meeting, shall be by such minister or clerk, as the case may be transmitted to the clerk of the county wherein the marriage is solemnized, within three months thereafter, to be entered upon record by such clerk, in a book to be by him kept for that purpose, which shall be evidence of such marriage. The clerk shall be entitled to receive and demand of the party so married, ten pounds of tobacco for recording | Certificates of marriages to be returned to the clerk of the court and recorded. |
| such certificate. And be it farther enacted, That every minister or clerk of a quaker's or menonist's meeting, as the case may be, failing to transmit such certificate to the clerk of the court in due time, shall forfeit and pay the same of five hundred pounds, to be recovered with costs of suit by the informer in any court of record. This act shall commence and be in force from and after the first day of January in the year of our Lord one thousand seven hundred and eighty one. | Penalty on minister or clerk of quaker society failing to transmit certificates. |
| V. For carrying this act into execution, Be it farther enacted, That the courts of the different counties shall and are hereby authorized on recommendation from the elders of the several religious sects, to grant license to dissenting ministers of the gospel, not exceeding the number of four of each sect in any one county, to join together in holy matrimony, any persons within their counties only; which license shall be signed by the judge or elder magistrate under his hand and seal. | County courts to licence dissenting ministers to marry, not exceeding four of one sect. |
| CHAP. XVII. An act for dividing the county of Brunswick into two distinct counties. | |
| BE it enacted by the General Assembly, That from and after the first day of February next, the county of Brunswick shall be divided into two distinct counties, by a line to begin two miles above Chapman's ford on Maherrin river, and running a due south course to the boundary line between this state and North Carolina, and from the station aforesaid by another line due north to Nottoway river, and that all that part of the said county lying eastward of the said line, shall be called and known by the name of Greensville, and all the residue of the said county shall retain the name of Brunswick. That a court for the said county of Greensville, shall be held by the justices thereof on the fourth Thursday in every month after the said division shall | Brunswick county divided, and Greensville
formed. Boundaries. Court days. |
| take place, in such manner as is provide by law for other counties, and shall be by their commissions directed. | |
| And be it farther enacted, That the justices to be named in the commission of the peace for the said county of Greensville, shall meet at Hix's ford in the said county upon the first court day after the said division shall take place, and having taken the oaths prescribed by law, and administered the oath of office, to, and taken bond of the sheriff according to law, proceed to appoint and qualify a clerk, and fix upon a place for holding courts in the said county, at or as near the centre thereof as the situation and convenience will admit of; and the court of the said county shall thenceforth proceed to erect the necessary publick buildings at such place, and until such buildings be completed, to appoint any place for holding courts as they shall think fit. | |
| Provided always, That the appointment of a place for holding court, and of a clerk, shall not be made unless a majority of the justices of the said county be present. Where such majority shall have been preventing from attending by bad weather, or their being at the time out of the county; but in such cases the appointments shall be postponed until some court day when a majority shall be present. That the governour with advice of the council, shall appoint a person to be first sheriff of the said county, who shall continue in office during the term, and upon the same conditions as is by law appointed for other sheriffs. Provided always, and be it farther enacted, That it shall be lawful for the sheriff of the said county of Brunswick, to collect and make distress for any publick dues or officers fees which shall remain unpaid by the inhabitants thereof at the time such division shall take place, and shall also be accountable for the same in like manner as if this act had not been made. And that the court of the said county of Brunswick shall have jurisdiction of all actions and suits in law or equity which shall be depending before them at the time of the said division, and shall try and determine the same, and issue process and award execution thereon. |
| CHAP. XVIII. An act for establishing several publick ferries and discontinuing a former one. |
[Chan. Rev. p. 134.] |
| I. BE it enacted by the General Assembly, That the ferry established from the land of the late Henry Batte, in the county of Henrico to the land of the late Alexander Bolling, in the county of Prince George, be discontinued, and that publick ferries be constantly kept at the following places, and the rates for passing the same shall be as follows, that is to say: From the land of John Fox in the county of Gloucester, across York river, to the land formerly the property of John Tabb on the opposite shore; the price for a man seven dollars, and for a horse the same; from the upper end of the land of Thomas Batte the younger, in the county of Chesterfield, across Appamattox river, to the lot of land the property of William Gilliam, to the land of the said Thomas Batte; the price for a man two dollars, and for a horse the same; from the lands of Landon Carter, in the county of Culpeper, across Rapahannock river, at Norman's ford; the price for a man two dollars, and for a horse the same; and from the lands of David Ross, in the county of Bedford, across the James river at the mouth of Archer's creek, to the lands of Robert Bolling, deceased; the price for a man one dollar, and for a horse the same, and for the transportation of wheel carriages, tobacco, cattle, and other beasts, at the ferries aforesaid; the ferry keeper may demand and take the following rates, that is to say: For every coach, charriot, or waggon and the driver thereof, the same as for six horses. For every cart, or four wheeled chaise, or chair, the same as for two horses; for every hogshead of tobacco, as for one horse; for every head of nett cattle, as for one horse; for every sheep, goat, or lamb, one fifth part of the ferriage of one horse, and for every hog, one fourth part of the ferriage for a horse, according to the prices therein before settled at such ferries; and if any ferry-keeper shall | Batte's ferry discontinued. Several new ferries, and the rates of ferriage. |
| presume to demand and receive from any person whatsoever, any greater rates than is hereby allowed, he shall for every such offence forfeit and pay the party grieved, the ferriage demanded or received, and ten shillings, to be recovered with costs before a justice of the peace where the offence shall be committed. | Penalty for over charging. |
| CHAP. XIX. An act for dissolving the vestry of the parish of Albemarle in the county of Sussex. | |
| WHEREAS it is represented to the general assembly, that only one of the vestry of the parish of Albemarle in the county of Sussex, was elected by the freeholders and housekeepers thereof, Be it therefore enacted by the General Assembly, That the same shall be and is hereby dissolved. And be it farther enacted, That the freeholders and housekeepers of the said parish of Albemarle shall, before the first day of March next, meet at some convenient time and place to be appointed, and publickly advertised by the sheriff of the said county of Sussex, at least one month before such meeting, and then and there elect twelve of the most able and discreet persons, being freeholders and resident in the said parish, for vestry-men, which vestry-men so elected, having in the court of the said county of Sussex taken the oaths prescribed by law, and in vestry subscribed to be conformable to the doctrine and discipline of the church of England, shall, to all intents and purposes, be deemed and taken to be the vestry of the said parish of Albemarle. | Vestry of parish of Albemarle in connty of Sussex dissolved. |
| Provided, That any suit now depending, or hereafter be brought by or against the vestry or churchwardens of the said parish, may be prosecuted in the same manner as if this act had never been made. |
| Pages 321-343
| Pages 367-389
|