Pages 439-457 
|  Pages 479-498
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| Pages 439-457
| Pages 479-498
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| CHAP. XIV. | ||
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| I. BE it enacted by the General Assembly, That the justices of the peace for the county of James City shall, and they are hereby empowered to hold their sessions at such place in the said county as they may think proper, so long as the small-pox, or the infection of that disorder, in the city of Williamsburg, shall make it prudent so to do in the opinion of the said justices. | Justices of James City authorised to hold their courts any where in the county, during the prevalence of the small-pox in Williamsburg. | |
 CHAP. XV. An act to empower the executive to fit out a certain naval force. | ||
| I. WHEREAS many great but fruitless expences have been incurred by calling out the militia to oppose the incursions and depredations of the enemy, since the use of gallies for that purpose has been laid aside, and the commerce of this commonwealth has been greatly distressed and its coasts ravaged by a very small and contemptible naval force of the enemy: For remedy whereof, | Executive authorised to fit out a naval force, of four gallies. | |
| II. Be it enacted, That the governor, with the advice of the council, be, and he is hereby empowered and directed forthwith to cause to be procured or built, equipped, officered and manned, four such gallies as they may think most likely to answer the above purposes. |
| CHAP. XVI. An act for establishing a new ferry. |
[Chan. Rev. p. 145.] |
| I. BE it enacted by the General Assembly, That a public ferry be constantly kept at the following place, and the rates for passing the same shall be as follows, that is to say, From the land of William Black, in the county of Chesterfield, across James river to the public landing at Rockett's, in the county of Henrico, the price for a man, four pence, and for a horse the same. And for the transportation of wheel-carriages, tobacco, cattle and other beasts, at the place aforesaid, the ferry-keeper may demand and take the following rates, that is to say, For every coach, chariot or waggon, and the driver thereof, the same as for six horses; for every cart or four-wheel chaise, and the driver thereof, the same as for four horses; for every two-wheel chaise or chair, the same as for two horses; for every hogshead of tobacco as for one horse; for every head of neat cattle as for one horse; for every sheep, goat or lamb, one fifth part of the ferriage for one horse; and for every hog, one fourth part of the ferriage for one horse, and no more. If the ferry-keeper shall presume to demand or receive from any person or persons whatsoever, any greater rates than is hereby allowed for the carriage or ferriage of any thing, he shall, for every such offence, forfeit and pay to the party grieved, the ferriages demanded or received, and ten shillings; to be recovered with costs before a justice of peace of the county where such offence shall be committed. | Ferry from Black's to Rockett's established. Rates. Penalty for exceeding legal rates. |
| II. And be it farther enacted, That from and after the first day of August next, the ferry heretofore kept from the lands of John Lynch, in Bedford county, across the Fluvanna to the opposite shore in Amherst, shall be discontinued; and that instead thereof, a ferry shall be kept from the lands of the same John Lynch, lately purchased of Edmund Winston, esquire, across the said river to the opposite shore in Amherst, for transportation, over which the same rates of ferriages shall be demandable in specie as were before the year one thousand seven hundred and seventy-seven, and | Lynch's ferry discontinued, and another established. −38 See May 1782, c. 20. |
| the courts shall have the same powers and the keepers be subject to the same penalties at the new ferry, as they had or were subject to, at the present one, before the said term. | ||
| CHAP. XVII. | ||
| ||
| I. WHEREAS so much of the act entitled "An act for giving certain powers to the governor and council, and for punishing those who shall oppose the execution of laws," as relates to the appointment of a special court of oyer and terminer for the trial of certain offenders, hath already had its operation: And whereas many persons are already apprehended in different parts of the country, who are suspected of being unfriendly to this commonwealth, and who must continue in close confinement until April next, unless relieved by some more speedy mode of trial: In remedy whereof: | Preamble. | |
| II. Be it enacted by the General Assembly, That the governor, with the advice of council, may appoint some three persons learned in the law, either of the judges of this commonwealth or of others, by commission of oyer and terminer to hold courts at such time and place as shall be therein defined, which said court shall have full power to hear and determine all criminal matters which the general court might have heard and determined. The said court shall be attended either by the clerk or sheriff of the general court, or by the clerk or sheriff of the county wherein it shall be held, either of which sheriffs shall summon grand and petit juries from the adjoining counties, where the case may require it. Provided, That the said court may, by order, direct a venire to be summoned either to the bye-standers or of | Governor & council authorised to constitute special court with
powers of general court, for trial of criminal matters. Mode of proceeding. |
| others, where the circumstances of the case may prevent the getting a jury from the vicinage. The said court shall be attended by the attorney-general, or in his absence by any attorney for the commonwealth. And if the clerk of the county shall attend the said court, he shall transmit to the clerk of the general court a transcript of the proceedings of such court, to be by him carefully preserved among the records of his office. All persons owing suit or service to the said court so to be erected, shall be subject to, and pay the same fines, forfeitures and penalties for any neglect of duty, as the like persons bound to render suit or service to the general court are liable to; the said court thus constituted, shall have power to adjourn from time to time, as to them shall seem good, or as the public exigencies may require. | |
| CHAP. XVIII. An act for the relief of military pensioners. | |
| I. WHEREAS by the act of general assembly for establishing a board of auditors, the said board was authorised to allow pensions and sums in gross to a certain extent to officers and soldiers of the army or navy raised by act of general assembly and disabled in the service, and to the widows of those slain or dying therein; which allowances having been made in paper currency, have, by the depreciation of that, become inadequate to the benevolent purposes of the said act: | See vol. 9, p. 537. |
| II. Be it therefore enacted by the General Assembly, That all such allowances made, or to be made, shall be payable in specie, the auditors taking care that they be properly reduced where, in consideration of such depreciation, they shall have been made larger than they should be when to be paid in specie. | Pensions payable in specie. |
| CHAP. XIX. | |||
|
[Chan. Rev. p. 145] See Oct 1780, c. 27, and notes. | ||
| I. WHEREAS from the depreciation of [the] paper money and other concurring circumstances, the pay of the officers and soldiers of the Virginia line on continental establishment hath been altogether inadequate to their services: To the end, therefore, that justice may be done and redress afforded as far as the present circumstances of the state will admit, Be it enacted by the General Assembly, That the whole pay and subsistence of the officers and soldiers of the Virginia line in continental service shall be made equal to specie from the first day of January, one thousand seven hundred and seventy-seven; that the auditors of public accounts do settle and adjust the pay and accounts to the said officers and soldiers from the said first day of January, one thousand seven hundred and seventy-seven, to the last day of December, one thousand seven hundred and eighty-one. And the said auditors are hereby authorised and directed to estimate in specie all sums of continental and state money received by the said officers and soldiers on account of their pay within the period aforesaid, agreeable to the dates of their receipts respectively, and according to a scale of depreciation hereafter mentioned and contained. And printed certificates (payable on or before the first day January, one thousand seven hundred and eighty-five, with interest at the rate of six per centum per annum) expressing the sum in specie, shall, by the said auditors, be individually given to the said officers and soldiers for the respective balances that may appear to be due them by the public. And the said auditors shall, in like manner, settle and adjust the accounts of all officers and soldiers of the said line who have fallen or | Preamble. For what time pay shall be equal to specie. Auditors to adjust accounts according to scale of depreciation; and give printed certificates payable with interest. Also of officers and soldiers dead. |
| died in the service during the said period; and their lawful representatives shall be entitled to such certificates, and all other benefits and advantages hereby granted to the officers and soldiers now in the line. | |
| II. And whereas a number of officers and soldiers, who are now out of the service by the resignation of the officers and expiration of the terms of the soldiers, received no pay for some space of time before their leaving the service, by which the public is considerably in arrears to them: Be it therefore enacted, That the said auditors shall in like manner settle the accounts of the said officers and soldiers to the time of their leaving the service, and grant them certificates for the sums that may be found due them in manner as herein before directed for the officers and private men now in the line. And the said auditors shall, after having adjusted and settled the accounts aforesaid, return an exact list to the treasurer for the time being of the sums due and certificates granted therefor, of which a correct account shall be kept by the treasurer for his government at the time the said certificates shall be redeemable. And in the mean time, for the immediate relief of the officers of the line aforesaid, the auditors of public accounts are hereby directed to issue immediately after the passing this act, to all such of the said officers who shall have been in the said line prior to the first day of May, one thousand seven hundred and seventy-seven, and still belong thereto, like certificates for the amount of two years pay in specie, agreeable to the allowances made by a resolution of congress of the twelfth day of August, one thousand seven hundred and eighty, payable as aforesaid, with interest at the rate of six per centum per annum; and to all such of the said officers who shall have come into the service since that period, similar certificates for the amount of one year's pay, provided they shall have been in service one year. | Or out of the service, for the time they served. Auditors to return a list of certificates to treasurer. Advance to officers. |
| III. And be it farther enacted, That the wages of the said officers and soldiers shall, in future, be regularly paid in specie, or the value thereof, once in every quarter of a year at least. | Future pay in specie. |
| IV. And be it farther enacted, That the said auditors be, and they are hereby authorised to call on all officers of the said line who have drawn, from the continent or state, monies for public purposes and have | Officers to account for money advanced; |
| not accounted for the same, to settle their accounts thereon, according to the table of depreciation by this act established; and where it shall appear to the auditors aforesaid, that from captivity or other circumstances, officers have sufficient reasons for not having had their accounts settled in due time, or where it shall be manifested that there has been no misapplication of the said monies on the part of the said officers, that in such cases no depreciation shall be charged thereon; and that where it shall be made appear that officers have advanced of their own monies for the public service, they shall be allowed the full depreciation thereon. And all officers who have received cloathing from the state at stated prices, are to account for the same. | In what manner; And for cloathing. |
| V. And be it farther enacted, That the sales of all forfeited and escheated estates which shall hereafter be sold, shall be made in specie or tobacco, at a price to be fixed by the auditors of public accounts, and the persons employed in selling the same are hereby authorised and directed to receive the certificates to be given to the officers and soldiers of the Virginia line by virtue of this act, as equal to specie; and in all cases where monies are payable to the public for the sales of forfeited estates, the said certificates are to be considered as a lawful tender for the like sums of gold and silver. | Certificates to be received on sale of forfeited estates. |
| VI. And be it farther enacted, That in case any of the above-mentioned forfeited estates shall be sold and paid for in specie, the persons receiving the same shall pay the said money to the treasurer for the time being, which he is hereby directed to reserve for redeeming the certificates aforesaid which shall remain unpaid, in such manner as the general assembly shall order and direct: And the certificates for the sales of the said forfeited estates, and in other cases where the same may have been paid to the public in lieu of specie, shall be, by the persons so receiving them, delivered to the consumer aforesaid, who is hereby directed to keep them to be cancelled and destroyed in such manner as the general assembly shall order and direct. | If sales paid for in specie that to be reserved for redeeming certificates. |
| VII. And be it farther enacted, That the following scale of depreciation shall be the rule by which the said auditors shall be governed in the settlement aforesaid, to wit: | Scale of depreciation. |
| In the year one thousand seven hundred and seventy-seven. | |
| January one and a half, February one and a half, March two, April two, half, May two and a half, June two and a half, July three, August three, September three, October three, November three, December four. | In 1777. |
| In the year one thousand seven hundred and seventy-eight. | |
| January four, February five, March five, April five, May five, June five, July five, August five, September five, October five, November six, December six. | In 1778. |
| In the year one thousand seven hundred and seventy-nine. | |
| January eight, February ten, March ten, April sixteen, May twenty, June twenty, July twenty-one, August twenty-two, September twenty-four, October twenty-eight, November thirty-six, December thirty. | In 1779. |
| In the year one thousand seven hundred and eighty. | |
| January forty-two, February forty-five, March fifty, April sixty, May sixty, June sixty-five, July sixty-five, August seventy, September seventy-two, October seventy-three, November seventy-four, December seventy-five. | In 1780. |
| In the year one thousand seven hundred and eighty-one. | |
| January seventy-five, February eighty, March ninety, April one hundred, May one hundred and fifty, June two hundred and fifty, July four hundred, August five hundred, September six hundred, October seven hundred, November eight hundred, December one thousand. | In 1781. |
| VIII. And whereas a considerable part of the tract of country allotted for the officers and soldiers by an act of assembly entitled, "An act for establishing a land-office, and ascertaining the terms and manner of granting waste and unappropriated lands," hath, upon the extension of the boundary line between this state and North-Carolina, fallen into that state, and the intentions of the said act are so far frustrated: Be it therefore enacted, That all that tract of land included within the rivers Mississippi, Ohio and Tenisee, and the Carolina boundary line, shall be, and the same is hereby substituted in lieu of such lands so fallen into the | Further tract of territory allotted for the officers and soldiers in lieu of that fallen into N. Carolina. |
| said state of North-Carolina, to be in the same manner subject to be claimed by the said officers and soldiers. | |
| IX. And be it farther enacted, That the governor, with the advice of the council, shall, as soon as the circumstances of affairs will admit, appoint surveyors, to be nominated, examined and commissioned in the usual form, for the purpose of surveying and apportioning the said lands and the tract heretofore reserved for the said purpose to the said officers and soldiers agreeable to their ranks respectively, in such manner and in such proportions as are allowed by act of assembly as a bounty for military services: And it shall be lawful for the said officers to depute and appoint as many of their number as they may think proper to superintend the laying off the said lands, who shall have poser to choose the best of the same, thus to be allotted, and point the same out to the said surveyors, who shall proceed to survey the same in the proportion as they shall be directed by the said superintendants, and shall in the same manner be subject to their orders throughout the survey, which said surveys shall be at the expence of the officers and soldiers: And after such survey, the portions of each rank shall be numbered, and the said officers and soldiers shall, according to their ranks respectively, proceed to draw lots for the numbers, which they shall have power to locate as soon as they shall think proper; which said lands shall be free from taxation during the continuance of the present war. Provided nevertheless, That if at any time after the said location and allotment shall have taken place, any officer shall resign, or by his misconduct forfeit his commission, the lot by him so located shall revert to the state: And provided also, That nothing contained in this act shall be construed to debar the officers of the artillery and cavalry, citizens of this state who received their appointments originally in the same, and have by a regular line of succession been, or shall be, promoted to a corps raised in another state, from any of the benefits hereby granted, or intended to be granted, to the officers of the Virginia line. | When and how their lands may be surveyed. |
| X. And whereas by the reduction of the battalions and corps in the state service, a considerable number of officers have become supernumerary; Be it enacted, That a return of all the state officers shall be made to | Return to be made of state officers and their merits. |
| the next assembly, wherein the corps, the rank of each officer, the date of his commission, the number of men at first raised in each corps, number of men when reduced and time when reduced, shall be particularly specified by the executive; and the executive are hereby empowered and required to set on foot proper enquiries to discriminate such officers as by unworthy conduct, or by any means whatever, be thought unfit to be considered as entitled to half pay. | |
| XI. And be it enacted, That the whole pay and subsistence of the state troops be made good from the first day of January, one thousand seven hundred and seventy-seven, according to their times of service; and that the auditors of public accounts shall immediately liquidate and adjust the accounts of the officers and soldiers of the state battalions and corps, on the same principles and agreeable to the same scale of depreciation as is above directed in the case of the continental officers, and give certificates equal to specie individually for the respective balances: And that the state officers who nor are in actual service shall have the same advances of pay, and in the same manner, for their present relief, as the officers in continental service. | Their pay & subsistence to be made equal to continentals. |
| XII. And be it enacted, That the bounties of land given to the officers of the Virginia line in continental service, and the regulations for the surveying and appropriating the same, shall be extended to the state officers. | Also their bounty in land, to be surveyed as the regulars. |
| XIII. And be it also enacted, That the same indulgencies and advantages given to the state infantry shall be, and are hereby given to the officers and soldiers of the state cavalry, and on the same terms. | Cavalry the same advantages as infantry. |
| XIV. And be it farther enacted, That the officers and seamen of the navy of this state, as they stand arraigned by a late regulation, shall be entitled to the same advantages as the officers belonging to this state in the land service, agreeable to their respective ranks. | Officers and seamen of the navy same as land service. |
| XV. And be it farther enacted, That all tobacco arising from the sale of confiscated estates shall be appropriated to the redemption and payment of the said certificates, and to no other intent or purpose whatsoever; and the treasurer is hereby directed and required to take speedy and effectual measures for the sale of all such tobacco for specie or the said certificates, and | Tobacco received for confiscated estates to be sold and the money to redeem certificates. |
| shall appropriate all the specie arising from such sales to the payment and redemption of such certificates as shall remain unpaid, and to no other purpose whatsoever. | |
| CHAP. XX. An act for adjusting claims for property impressed or taken for public service. | |
| I. WHEREAS it has been represented to this present general assembly, that sundry of the inhabitants of the several counties throughout this commonwealth, have laboured under many hardships and inconveniencies from the mode which has lately been pursued in impressing their property; insomuch that the auditors of public accounts have in divers instances refused to grant warrants upon certificates given for such impressment And whereas many have procured valuations on oath to fix demands against the public for horses and other property taken or impressed for public service, at rates far beyond the real value. For remedy whereof, and for relief of all persons concerned, | Preamble. |
| II. Be it enacted, That from and after the passing of this act, the several county courts throughout this commonwealth are hereby empowered to receive all claims against the public on account of impressments made by any person for horses, provision and all other necessaries, impressed or taken for public service; the said courts shall ascertain the value of all impressed articles in specie, as it shall actually appear in proof to them, independent of any preceding valuation, and make report thereof to the next session of assembly, in order that proper measures may be adopted for paying off the several claimants according to justice, distinguishing articles applied to continental purposes, from those applied to the use of the state. [this state.] | County courts to receive claims for propetty impressed for the public service. |
| III. And be it enacted, That no claim for horses or other property impressed or taken for public service, shall be paid until the same hath been presented and allowed by such court as aforesaid, and reported to the next or the succeeding general assembly. And the said courts respectively shall cause a fair transcript of their proceedings in the business aforesaid to be laid before the succeeding assembly, specifying the ages, sizes, and other general designations of the horses, and also general descriptions of the other species of property so impressed or taken, in order that all possible information to be obtained and laid before the general assembly, to enable them to render justice to individuals and save the public from unjust demands and impositions; and may make such allowance to their clerk for his extraordinary services herein, to be levied in their next county levy, as to them shall seem proper. | No claim for property impressed to be allowed, until passed by the court, & certified to the general assembly. | |
| IV. Provided, That all certificates for provisions, upon which a price in specie has been affixed by the governor and council, agreeable to an act entitled, "An act to empower the governor and council to fix the value of provisions impressed for the use of the army," and which have been paid to the collectors in discharge of taxes, may be audited and paid into the treasury, any thing in this act to the contrary notwithstanding. | ||
| CHAP. XXI. | ||
| ||
| I. WHEREAS James Ball, late of the county of Lancaster, being in his life-time seised of a considerable real and personal estate, did, in and by his last will and testament in writing, bearing date the fifteenth day of July, one thousand seven hundred and fifty-four, | Certain lands whereof Burgess Ball is seized as tenant for life, vested |
| among other things give and devise all his lands in King George, Spotsylvania and Stafford counties, to his grand-son, Burgess Ball, during his natural life, and at his decease to his child or children, as he shall think fit, and their heirs, as by the said will, recorded in the county court of Lancaster, may appear. And it being represented, that the land in the county of Spotsylvania, containing fifteen hundred and eighty-three acres, is poor and not fit for cultivation, but from its vicinity to the town of Fredericksburg, and being well covered with wood, would sell for a god price; and that the tract of land formerly lying in the county of King George, but now Stafford, containing six hundred acres, would be too small to divide between any of his children; and that it would be greatly to the benefit of the said Burgess Ball and his growing family if the said lands were sold, and the money arising from the sales laid out in the purchase of other lands more fertile and advantageous, which cannot be done without the direction of the general assembly, as the said Burgess Ball is only tenant for life; and application being made for an act to pass for that purpose: | in trustees to be sold, and the monies laid out in other lands. |
| II. Be it therefore enacted, That the said fifteen hundred and eighty-three acres of land in the county of Spotsylvania, and six hundred acres in the county of Stafford, shall be, and they are hereby vested in William Fitzhugh, William Daingerfield, Alexander Spotswood, John Francis Mercer, and Mann Page, gentlemen, and their heirs, in trust, that they, or any three of them, shall, as soon as may be, sell the same for the best price to be had, and to convey the said lands to the purchaser or purchasers in fee simple, and to lay out the money arising from the sales thereof in the purchase of other lands to be conveyed to the said trustees for the use of the said Burgess Ball, during his natural life, and after his decease for the use of such child or children of the said Burgess Ball, and their heirs, as he shall think fit and direct by deed or will: Provided always, That nothing herein contained shall be construed to affect the title of any person or persons, bodies politic or corporate, to the said lands, other than those claiming under the said James Ball. |
| CHAP. XXII. | |||
|
[Chan. Rev. p. 143.] | ||
| I. WHEREAS the paper currency of this state hath, from various causes, greatly depreciated in its value, insomuch that it is neither a proper medium of circulation nor a just standard whereby to settle and adjust debts and contracts, and it hath therefore become absolutely necessary to declare that the same shall no longer pass current, except in payment of certain taxes calculated for the express purpose of calling in and redeeming the same. | Preamble. | ||
| II. And whereas the good people of this state will labour under many inconveniencies for want of some rule, whereby to settle and adjust the payment of debts and contracts entered into and made between the first day of January, one thousand seven hundred and seventy-seven, and the first day of January, one thousand seven hundred and eighty-two, unless some rule shall be by law established for liquidating and adjusting the same, so as to do justice as well to the debtors as creditors: Be it therefore enacted by the General Assembly, That from and after the passing of this act, all debts and contracts entered in to or made in the current money of this state or of the United States, excepting at all times contracts entered into for gold and silver coin, tobacco, or any other specific property, within the period aforesaid, now remaining due and unfulfilled, or which may become due at any future day or days, for the payment of any sum or sums of money, shall be liquidated, settled and adjusted agreeable to a scale of depreciation herein-after mentioned and contained, that is to say, by reducing the amount of all such debts and contracts to the true value in specie at the days or times the same were incurred or entered into; and upon payment of said value so found in specie, or other money equivalent thereto, the debtors or contractors shall be forever discharged of and from the said debts or contracts, any law, custom or usage to the contrary in | Debts and contracts, in paper money to be settled by a scale of depreciation. |
| any wise notwithstanding: Provided always nevertheless, That in all cases where actual payments have been made, by any person or persons, of any sum or sums of the aforesaid paper currency, at any time or times, either to the full amount or in part payment of any debt, contract or obligation whatsoever, the party paying the same, or upon whose account such sum or sums have been actually paid, shall have full credit for the nominal amount of such payments, and such payments shall not be reduced, any thing in this act, or in any other act or acts, to the contrary in any manner notwithstanding. | Actual payments full or partial, to stand for nominal amount. |
| III. And whereas many of the inhabitants of this state have been exposed to the ravages of the enemy, and other distresses incident to a state of war, by means whereof they have been by violent deprived of the fruits of their labour and industry, and thereby rendered for the present incapable of paying many of their just debts: Be it therefore enacted, That in all cases, except such as are hereafter excepted where judgment has been or may hereafter be obtained for the payment of any sum or sums of money, execution shall not issue thereupon before the first day of December, one thousand seven hundred and eighty-three,* except when judgment has been or may be obtained for any sum or sums of money due to the commonwealth, for taxes or otherwise, against any public collector, or any other person or persons whatsoever: And also in all cases where any such judgment hath been or may hereafter be obtained for monies due for the rent or use of any lands, plantations, houses, ferries or fisheries, or for the hire of any slave or slaves, or of any servant or servants: Provided, That all judgments so staid shall carry interest at the rate of five per centum per annum until paid. | Executions suspended, except for debts due to the commonwealth.
Except also for rents, & hire of slaves or servants. |
| IV. And be it farther enacted, That the following scale of depreciation shall be the rule to determine the value of the several debts, contracts and demands in this act mentioned, compared with silver and gold: | Scale of depreciation. |
| In the year one thousand seven hundred and seventy-seven. | |
| January one and a half, February one and a half, March two, April two and a half, May two and a half, | In 1777. |
| |
| * See May 1782, c. 44. October 1782, c. 45. Oct. 1783, c. 30. |
| June two and a half, July three, August three, September three, October three, November three, December four. | |
| In the year one thousand seven hundred and seventy-eight. | |
| January four, February five, March five, April five, May five, June five, July five, August five, September five, October five, November six, December six. | In 1778. |
| In the year one thousand seven hundred and seventy-nine. | |
| January eight, February ten, March ten, April sixteen, May twenty, June twenty, July twenty-one, August twenty-two, September twenty-four, October twenty-eight, November thirty-six, December forty. | In 1779. |
| In the year one thousand seven hundred and eighty./ | |
| January forty-two, February forty-five, March fifty, April sixty, May sixty, June sixty-five, July sixty-five, August seventy, September seventy-two, October seventy-three, November seventy-four, December seventy-five. | In 1780. |
| In the year one thousand seven hundred and eighty-one. | |
| January seventy-five, February eighty, March ninety, April one hundred, May one hundred and fifty, June two hundred and fifty, July four hundred, August five hundred, September six hundred, October seven hundred, November eight hundred, December one thousand. | In 1781. |
| V. And be it enacted, That where a suit shall be brought for the recovery of a debt, and it shall appear that the value thereof hath been tendered and refused; or where it shall appear that the non-payment thereof is owing to the creditor; or where other circumstances arise which, in the opinion of the court before whom the cause is brought to issue, would render a determination agreeable to the above table unjust; in either case it shall and may be lawful for the court to award such judgment as to them shall appear just and equitable. And where any verdict hath been given for damages between the first day of January, one thousand seven hundred and seventy-seven, and the first day of January one thousand seven hundred and eighty-two, and the judgment remains unsatisfied, it shall be lawful for the several courts within this commonwealth, in a summary way, by motion to them made, either before any execution | Courts may determine disputes according to equity. Rule for settling intermediate judgments. |
| issues, or at the return day of such execution, to fix, settle and direct at what depreciation the said damages shall be discharged, having regard to the original injury or contract on which the damages are founded, and any other proof or circumstances that the nature of the case will admit. | ||
| CHAP. XXIII. | ||
| ||
| I. WHEREAS the act of assembly entitled, "An act to amend an act entitled An act to amend the several acts of assembly respecting the inspection of tobacco," hath expired, and it is expedient the same should be revived and amended: | Act respecting inspection of tobacco further continued and amended. | |
| II. Be it therefore enacted, That the said recited act shall continue and be in force from and after the expiration thereof, for and during the term of twelve months. | ||
| III. And be it farther enacted, That the inspection of tobacco at Meriwether's warehouse, in the town of New-Castle and county of Hanover, at Machodack in the county of King George, and at Glascock's in the county of Richmond, shall be, and the same are hereby revived and established. | Meriwether's Machodack and Glascock's warehouses revived and established. | |
| IV. And it being represented to this present general assembly, that the erecting a ware-house on the lands of Charles Lewis, near Rockett's landing, in the county of Henrico, will be of public benefit, and the proprietor of the land is willing to build the same: | ||
| V. Be it therefore enacted, That an inspection of tobacco shall be, and the same is hereby established at the said place, which shall be called and known by the name of Rockett's; and that the transfer notes issued by the inspectors thereof shall be payable for public dues, in the same manner as those of Byrd's and Shockoe. | Rockett's warehouse established. |
| VI. And whereas the mode established by law for paying inspectors salaries may become expensive to the public: For remedy whereof, Be it enacted, That instead of the allowance heretofore given by law to in- inspectors, they shall be allowed the following salaries in specie, shat is to say: To each of the inspectors at Guilford and Pungoteague, under one inspection, thirty-five pounds; at Roy's fifty pounds; at Hobb's-Hole thirty pounds; at Kennon's thirty pounds; at Bolling's-Point seventy pounds, at Bollingbroke sixty pounds, at Bowler's thirty pounds; at Layton's thirty pounds; at Colchester forty pounds; at Alexandria forty pounds; at the falls of Potowmack thirty pounds; at Poropotank thirty pounds; at Deacon's Neck thirty pounds; at Meriwether's sixty pounds; at Crutchfield's sixty pounds; at Page's sixty pounds; at Rocky Ridge seventy pounds; at Osborne's seventy pounds; at John Bolling's sixty pounds; at Byrd's seventy pounds; at Shockoe seventy pounds; at Rockett's fifty pounds; at Smithfield twenty-five pounds; at Shepherd's twenty-five pounds; at Mantapike and Frazer's, under one inspection, thirty pounds; at Todd's and Aylett's, under one inspection, forty-five pounds; at Boyds-Hole and Machodack, under one inspection, fifty pounds; at Falmouth sixty pounds; at Dixon's sixty pounds; at Gibson's thirty pounds; at Davis's twenty-five pounds; at North Wycomico and South Wycomico, under one inspection, forty pounds; at Indian creek thirty pounds; at Deep Creek and Glascock's, under one inspection, thirty pounds; at Urbanna thirty pounds; at Milner's forty pounds; at South Quay forty-five pounds; at Cherrystone's and Hungar's, under one inspection, twenty-five pounds; at Littlepage's thirty-five pounds; at the Brick house thirty pounds; at Coan's thirty-five pounds; at Boyd's sixty pounds; at Davis's, in the town of Blandford, sixty pounds; at Blandford sixiy pounds; at Quantico sixty pounds; at Dumfries sixty pounds; at Cat Point thirty-five pounds; at Totuskey thirty-five pounds; at Gray's creek thirty-five pounds; at Aquia forty pounds; at Fredericksburg sixty pounds; at Royston's sixty pounds; at Denbigh twenty-five pounds; at Nomony thirty pounds; at Leeds and Mattox, under one inspection, forty pounds; at Yocomico and Rust's, under one inspection, forty pounds; at the Capitol and College landings, under one inspection, thirty-five | Amount of inspectors' salaries, at the different warehouses, payable in specie. |
| pounds; at Roe's twenty-five pounds. And for the purpose of raising the said salaries and paying the warehouse rents, there shall be collected by the inspectors from the owners of tobacco, the sum of five shillings for each hogshead by them inspected and past, which shall be paid at the time of delivering the note or an order received for the delivery of the tobacco; and the inspectors at each ware-house shall, in lieu of the former allowance given for storage, pay to the proprietor thereof the sum of two shillings in specie for each hogshead of tobacco by them inspected and note given or tobacco delivered. Provided always, That if the inspectors at any ware-house shall not receive as much money for inspection as will be sufficient to pay the rents of the ware-house and salaries aforesaid, they shall in that case pay the proprietor the ware-house rents, and be allowed and paid only so much for their salaries as the balance of the money so received by them; and in case they shall receive more than sufficient to answer the purposes aforesaid, they shall account for and pay the overplus in manner directed by the said recited act: There shall be paid to the inspectors at each ware-house, five shillings specie for every hogshead reprized, for reprizing and finding nails, to be paid by the proprietor; and the sum of seven shillings specie for every hogshead of tobacco prized up and exchanged for transfer notes, and finding nails, to the use of the inspectors, in lieu of tobacco heretofore directed to be paid for the said services. | Tax on tobacco inspected. Storage altered. If inspection fees insufficient for rents and salaries, the inspectors to pay the rents and receive no more for their salaries. Fees for reprizing. |
| VII. And whereas several warehouses have been destroyed by the enemy, and the former proprietors may refuse or neglect to rebuild the same, to the great inconvenience of the public: Be it therefore enacted, That the court of the county where such refusal or neglect may be, may appoint two or more of their body to let to the lowest bidder the re-building the same, and to draw on the treasurer for payment thereof, except the inspection at Crutchfield's and the Brick house, which are hereby discontinued, unless the proprietors will re-build at their own expence. And the court of every county that hath failed to recommend inspectors at the time directed by law, shall, and they are hereby empowered to recommend inspectors at any court after the passing of this act, who, upon being qualified according to law, shall proceed to the execution of their office. | County courts to
rebuild warehouses destroyed by the enemy, except Crutchfield's & the Brick house. Inspectors may be recommended at any time. |
| VIII. And whereas the revival and re-establishing the inspection of tobacco at Waddy's ware-house, in the county of New-Kent, and at Warwick, in the county of Chesterfield, will be of great utility: Be it therefore enacted, That the inspection of tobacco at the said ware-houses shall be, and the same is hereby revived and established, and the inspectors shall be allowed the following salaries, that is to say: To each of the inspectors at Waddy's thirty pounds, and at Warwick seventy pounds. | Inspection at Waddy's in New Kent, & Warwick in Chesterfield
revived. Inspectors' salaries. |
| IX. And be it farther enacted, That the ware-houses at Cabbin Point, in the county of Surry, be, and the same are hereby discontinued, and in the room thereof, ware-houses may be built at Low Point, on the land of Archibald Dunlop, in the said county, at the proprietors expence, and the inspectors of the same shall be allowed the following salaries, that is to say: To each of the said inspectors the sum of thirty pounds. | Warehouse at Cabin Point discontinued, and may be established at Low Point. |
| X. And whereas the houses formerly appointed for the reception of tobacco in the town of Manchester have been burnt by the enemy, and it may be a considerable time before other houses can be built for that purpose: Be it therefore enacted, That Francis Goode, James Lyle, and David Patteson, gentlemen, be appointed commissioners, with power to rent a house or houses for the immediate reception of tobacco in the said town of Manchester, provided the expence of hiring such house or houses shall not exceed three shillings specie per hogshead, to be paid by the person depositing the tobacco. | Warehouses in Manchester being destroyed by the enemy, commissioners to rent houses. |
| XI. And be it farther enacted, That all tobaccoes remaining in any ware-house heretofore discontinued, shall, on or before the first day of may next, be sold by the commissioners to the tax of the county where such inspection is discontinued, having first advertised the sale of said tobacco in the Virginia gazette at least one month before the day of sale. And where no owner shall appear within one month after such sale, they shall account for and pay the money arising from the same to the treasurer within two months after such sale, under the penalty of five hundred pounds, to be recovered with costs by action of debt or information in any court of record, by any person who will sue for the same. | Tobaccoes remaing in warehouses discontinued to be sold by commissioners of tax. |
| XII. And be it farther enacted, That so much of the act of assembly entitled, "An act to encourage the importation of salt," as exempts the importer thereof, for every five bushels of salt imported, from the tax of eight shillings on a hogshead of tobacco, shall be, and the same is hereby repealed. | So much of act to encourage importation of salt as exempts importer from taxes on tobacco exported, repealed. | |
| CHAP. XXIV. | ||
| ||
| I. WHEREAS upon an examination it appears, that previous to, and
during the siege of York, Thomas Nelson, junior, esquire, late governor of this commonwealth, was
compelled by the peculiar circumstances of the state and army, to perform many acts of government
without the advice of the council of state, for the purpose of procuring subsistence and other
necessaries for the allied army under the command of his excellency general Washington: II. Be it enacted, That all such acts of government, evidently productive of general good and warranted by necessity, be judged and held of the same validity, and the like proceedings be had on them, as if they had been executed by and with the advice of council, and with all the formalities prescribed by law. III. And be it farther enacted, That the said Thomas Nelson, junior, esquire, be, and he hereby is, in the fullest manner, indemnified and exonerated from all penalties and damages which might have accrued to him from the same. |
Thomas Nelson, jun. esq. late governor, having been compelled, from necessity, to perform many acts of government, without advice of council, such acts legalized, and he fully indemnified. |
| Pages 439-457
| Pages 479-498
|