Pages 281-297
|  Pages 320-339
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| Pages 281-297
| Pages 320-339
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| AT A GENERAL ASSEMBLY | |||
|
Benjamin Harrison, esq. governor. | ||
 CHAP. I.* |
[Chapter CLXXXVIII in original.] | ||
|
Chan. Rev. pa. 207. See October 1783,ch.8. May 1783, ch. 38. | ||
| I. WHEREAS application hath been made to this present general assembly, that the produce of the country may be received in payment of the taxes imposed by an act, intituled, "An act to amend and reduce the several acts of assembly for ascertaining certain taxes and duties, and for establishing a permanent revenue, into one act:" Be it therefore enacted, That one half of the tax directed under the aforesaid act, to be paid for the present year, and distrainable for on the twentieth | Commodities, viz. tobacco, hemp, flour, and deer-skins, receivable for half the taxes. | ||
| |||
| * In the original the chapters are numbered progressively from the end of the last session, although the paging commences anew. But, as in the Chancellors' Revisal, the chapters commence with number 1, and the sections are differently arranged, in many instances, from the original, I shall conform to the Chancellors' Revisal, in this publication, for the convenience of reference. |
| day of November, on lands and lots, free male persons above the age of twenty one years, slaves, carriages, billiard tables, and ordinary licenses, may be paid at the option of the payer, either in specie, tobacco, hemp, flour, or deer-skins, to wit: In inspectors receipts or notes, for good merchantable crop tobacco, not less than nine hundred and fifty nett weight, which shall have been inspected or re-inspected since the first day of October, in the present year, at the rate of thirty shillings per hundred, or in transfer receipts or notes for tobacco at the rate of one hundred and six pounds for one hundred pounds of crop tobacco, at any public inspection within this commonwealth, or in inspectors receipts or notes for sound, clean, and merchantable hemp, delivered at the ware-houses provided or to be provided for the reception thereof, at the towns of Alexandria, Dumfries, Falmouth, Fredericksburg, Louisville, Smithfield, Winchester, Staunton, and Stone-house in Botetourt, Richmond, Manchester, Blandford, and West Point. Provided, That hemp and skins, as herein after described, shall be the only articles receivable at the towns of Staunton and Winchester, and at the Stone-house in Botetourt; which said notes or receipts for hemp, shall be received in discharge of taxes according to this act, at the rate of thirty shillings per hundred, except hemp delivered at Winchester, which shall be at twenty six shillings, at Staunton twenty four shillings, and at the Stone-house twenty two shillings per hundred; or in receipts for sound and merchantable flour, inspected since the first day of October in the present year, in casks, delivered at the ware-houses provided or to be provided by the inspectors and receivers of hemp, at the aforesaid towns, at the rate of fourteen shillings per hundred, with an allowance of two shillings and six pence for casks and inspection; or in receipts for skins of deer in the hair, well skinned, cleaned, and trimmed, restricted to the seasons of red, blue, and short grey, delivered at the houses to be provided for that purpose, at the said towns of Staunton, Winchester, Louisville, and at the Stone-house in the county of Botetourt, at the price of one shilling and eight pence for grey skins, and two shillings per pound for red and blue skins. and any person or persons chargeable with taxes by the said recited act, and paying | Price and various regulations. Sheriffs to give receipts expressing how taxes paid. |
| the same in manner herein directed, shall be discharged thereof; and may demand and receive of the sheriff or collector a receipt, specifying in what articles such person paid his tax, whether it be specie or commutables, particularizing the ware-house from which the tobacco notes he may have received shall have issued. And every sheriff shall, moreover, return a list on oath of such payments, to the clerk of the court of his county, immediately after his collection, copies of which list shall be fixed up in the said court-house for the inspection of the people. And the auditors are hereby required not to settle finally with any sheriff, for the taxes collected under this and the said recited act, except the said sheriff do produce to them a copy of such list, certified by the clerk; and the auditors shall, upon settlement with the sheriff, give their order to the treasurer to receive such specie or commutables from the sheriff, agreeable to the said list; and every sheriff failing to pay the same accordingly, shall forfeit and pay the sum of five hundred pounds, to be recovered in like manner as is prescribed in the case of delinquent sheriffs. Provided, That any person having before the publication of the said act, paid to any sheriff or collector, in gold or silver coin, more than one moiety of his taxes, shall, on tendering to the same sheriff or collector any article hereby declared to be commutable therefor, be entitled to a restitution of all such surplus. | And return a list to clerk's office who shall set up a copy
in court-house. To pay commutables to treasurer. Penalty. Former payments in coin regulated. |
| II. And that the several sheriffs and collectors of taxes may be prevented from injuring the public revenue, by speculating in the payments made them of the taxes aforesaid; Be it enacted, That every person chargeable with such taxes, who may pay any part thereof in tobacco agreeable to this act, shall only be permitted to discharge the same in inspectors receipts or notes, issued from those ware-houses where the person chargeable therewith may by law pay parish and county levies and officers fees, agreeable to an act, intituled, "An act to amend and reduce the several acts of assembly for the inspection of tobacco into one act;" and the several sheriffs and collectors shall account for the same on oath, and shall make payment thereof at the treasury, but shall not be suffered to make payment at any other ware-houses whatsoever. Provided nevertheless, that nothing in this act contained shall entitle | Tobacco payments restricted to certain
ware-houses. And hemp to certain places. |
| any person whatsoever to pay the commutable of hemp in discharge of taxes, except the property for which such taxes are due shall lie and be on the western side of the mountain called the Blue Ridge, or the person rendering the same shall make oath that it is the growth of the estate for the taxes on which it is offered in payment. And provided also, That the receipts from the ware-houses hereafter mentioned, shall pass in the payment o f taxes in the counties following, that is to say: In the counties of Frederick, Hampshire, Berkely, Shenandoah, Rockingham, Ohio, and Monongalia, at any of the ware-houses in Fairfax, Prince William, Stafford, or Spotsylvania; in the counties of Augusta, Botetourt, Rockbridge, Greenbrier, Washington, and Montgomery, at any of the ware-houses in the counties of Henrico or Chesterfield. | |
| III. And that the flour so paid in discharge of the taxes may be converted to the purposes by this act intended, before the same shall be injured or lost; Be it enacted, That the inspectors or receivers of flour, shall on or before the fifteenth day of March next, make out and transmit to the treasurer a fair and accurate list of the quantity of flour by him or them received, and for whom; and on failure so to do, he or they shall forfeit and pay the sum of fifty pounds, to be recovered by motion in the general court, or the court of the county where such inspections may be, with costs, to the use of the commonwealth, and thereupon execution shall issue, provided the party has ten days previous notice of such motion. And the treasurer for the time being, shall sell the said tobacco, hemp, skins, and flour, from time to time, as occasion may require, for current gold or silver coin, or otherwise dispose of the said tobacco, hemp, skins, and flour, in payment of the debts and contracts of this commonwealth, on the best terms that can be obtained, in like manner as if the same had been current gold and silver coin actually paid into the treasury, having due regard to the appropriations which are or shall be made of the revenue of the commonwealth. And the courts of the counties respectively in which the aforesaid towns of Alexandria, Dumfries, Falmouth, Fredericksburg, Harrodsburg, Richmond, Manchester, Blandford, Staunton, Smithfield, Winchester, and West-Point, and the said stone-house, are, shall be, and are hereby authorized | Inspectors of flour to return accounts. Penalty. Treasurer to sell commutables. Courts to provide houses to store hemp, flour, and deer-skins. |
| and required, to provide good and sufficient ware-houses for the storage of hemp, flour, or deer-skins, as the same are respectively made receivable at the said towns, and stone-house in the county of Botetourt, in the manner herein before directed, and to appoint one or two reputable persons, as the case may require within the said towns respectively, and at the stone-house in the county of Botetourt, for the receiving, safe-keeping, and deliver of the said hemp, flour, or deer-skins, on public account, and for inspecting the said hemp, who, in the receipts given by them, or either of them, shall specify the names of the persons or owners delivering the same, the number and quantity of each bundle of hemp, and the ware-house, number, and nett weight of each barrel of inspected flour received, for which the inspectors manifest shall be produced, and filed at the said ware-house, as a voucher to prove the inspection thereof, before the delivery by the owner; and the said courts respectively are hereby authorized to allow to the inspectors or receivers aforesaid, for their risk and trouble, five per cent. in money, valuing the articles by them received at the price they are estimated at in this act, which they shall certify to the auditors of public accounts; and all other expences attending the said ware-houses for the receiving and delivering of the hemp and flour aforesaid, shall be allowed and certified in like manner, and shall be paid out of the money in the public treasury arising from the sale thereof; and the said receivers or inspectors of hemp and flour, or deer-skins, shall, before entering upon the duties of their office, give bond in a reasonable penalty, payable to the treasurer for the time being, or to his successors, for the use of the commonwealth, conditioned for the true and faithful performance of the duties required of them by law in the execution of their said office; and in case of failure in any court to appoint an inspector or receiver respectively as aforesaid, such court shall be liable to the same penalties as is provided in the case of the justices neglecting or refusing to take and return lists of the enumerated articles, to be recovered and applied in like manner; and such inspector or receiver shall be liable to damages upon the action of the party grieved, and shall moreover forfeit and pay the sum of one hundred pounds, recoverable on information in any court for the use of the commonwealth. | And appoint one or two receivers at each place. Their duty. And allowance. To give bond. Penalty on courts failing. And on receivers. |
| IV. And be it further enacted, That hemp, flour, and all other articles directed to be paid by this act, shall be weighted by the nett weight or short hundred, and that the several certificates for hemp and flour shall be separate, so that the several commutable articles may appear in a clear and distinct view. | How commutables to be weighed. |
| V. And be it further enacted, That the treasurer shall and may receive from any sheriff or collector, who shall obtain the certificate of the auditors of any partial settlement made with them, such sums of money, or quantities of tobacco, hemp, flour, or deer skins, or sums in warrants and certificates receivable by law, as such sheriff or collector shall tender him in payment for the same, and grant his receipts accordingly. | Treasurer may receive partial payments. |
| VI. And whereas very great loss has been heretofore sustained by the article of hemp, owing to the carelessness of the inspectors or receivers thereof, or other causes: That the like may in future be prevented, Be it enacted, That the purchaser or person receiving the notes for hemp, from the public, may at his own proper coast and charges upon delivery thereof, giving notice to the inspector or receiver, open and review the hemp so to him delivered, and if the same shall appear unmerchantable or damaged, it shall and may be lawful for any two justices of the peace for the county in which such hemp shall have been stored, upon application of the person demanding the same, to issue their warrant, directed to seven men well skilled in the quality of hemp, who, or any five of them, having first taken an oath to do impartial justice between the person demanding the hemp, and the public inspector or receiver, shall examine the quality and condition thereof, and if it shall be found by them that the same is not sound, clean, and merchantable, they shall make report thereof, and such hemp shall, by order of two justices (upon such report to them presented) be directed to be sold at public vendue, for ready money, upon such notice as to them shall seem reasonable; and if the said hemp shall not sell for the current price of good merchantable hemp (which price shall be affixed by any two justices before the sale) the difference between the prices shall be paid by such inspector or public receiver to the person demanding the said hemp; and upon refusal to make payment, it shall be lawful | Hemp may be reviewed by the purchaser. Proceeding thereon. What satisfaction shall be made by receiver. |
| for the court of the county in which such hemp shall have been stored, and they are hereby required, upon motion to them, reasonable notice having been given, to give judgment and award execution for the amount thereof, together with costs, and the charges necessarily expended by the person demanding the said hemp; and the sheriff shall levy and account for the same as by law in other cases of execution is directed. | |
| VII. And whereas the time fixed by the act of the last session, for payment into the public treasury by the sheriffs, will not in many of the counties give the sheriffs opportunity to make the collections compleat, and it is not necessary that the judges of the general court should hold an additional sessions for rendering judgments against delinquent sheriffs: Be it enacted, That so much of the said act as compels the respective sheriffs to account for, and pay into the public treasury, and amount of their several collections, on or before the twentieth day of January next, and the judges of the general court to hold an addional sessions on the second Monday in February, shall be, and the same is hereby repealed. | Repeal as to time sheriffs to account, and for additional sessions of general court. |
| VIII. And be it further enacted, That the respective sheriffs shall account for and pay the amount of their several collections into the public treasury, on or before the first day of March next; and in case any sheriff or collector shall fail to account for, as by law is directed, and pay into the public treasury by the said first day of March, the money, or other articles in lieu thereof, by him received for taxes, every such delinquent sheriff or collector shall be liable to a judgment against him, on motion, with damages and interest, as by the former act directed, at the general court in April next, or any succeeding court; provided the party shall have had legal notice of the same. | Sheriffs to account and pay the first of March next. |
| IX. And be it further enacted, That none of the articles made commutable by this act, shall be received by the sheriffs or collectors from the persons chargeable with taxes, after the first day of March next. And that it shall be at the option of the treasurer to receive the same or any part thereof (flour excepted, which he is hereby directed not to receive) from the sheriffs or collectors after the first day of April next. | Commutables not receivable after that day. Treasurer may receive them or not after 1st of April. |
| X. And to explain what shall be legal notice, Be it enacted, That in all cases of delinquency by the sheriffs or collectors of the public revenue, when a motion is intended to be made against them, affidavit before any justice of the peace within this commonwealth, that notice of such intended motion shall have been made, either by delivery thereof to the party, or in case he shall not be found at his usual place of abode, by leaving the same thereat for him, ten days before such motion is [to be] made, shall be held, deemed, and taken as sufficient and legal notice. | How notice may be given to sheriffs and proved. | ||
| XI. And be it further enacted, That the distress for the money and commutables, hereby made receivable in payment of taxes, shall be suspended until the first day of January next, any law to the contrary notwithstanding. And that after the first day of January, distress may be made by the respective sheriffs and collectors within this commonwealth, in the manner directed by the act, intituled, "An act to amend and reduce the several acts of assembly for ascertaining certain taxes and duties, and for establishing a permanent revenue, into one act." | Distress for taxes suspended. | ||
| CHAP. II. |
[Chapter CLXXXIX in original.] | ||
|
Chan. Rev. pa. 209. See October 1782, ch. 39, May 1783, ch. 32. | ||
| I. WHEREAS by two acts of assembly, one intituled "An act concerning the appointment of sheriffs," and the other "An act to amend an act intituled an act concerning the appointment of sheriffs," the county courts are directed to proceed to the nomination of sheriffs within certain limited periods. And whereas several county courts have not made such nomination according to the said recited acts: For remedy whereof, Be it enacted, That in all cases wherein the county courts have failed to make such nomination within the periods prescribed by the said recited acts, the said | Courts may nominate sheriffs, where they have failed. |
| county courts shall and may, and they are hereby empowered, to proceed to a nomination of two persons proper to fill the office of sheriff within their county, at any session of their court subsequent to the periods mentioned in the said recited acts; and one of the persons so to be nominated shall be commissioned by the governor, in the same manner as if the nomination had been made according to the directions of the said recited acts. | |
| II. And be it further enacted, That where the court of any county hath already recommended persons as proper to fill the office of sheriff, not within the periods prescribed by the said recited at, the governor is hereby empowered to commission one of the persons so recommended to act as sheriff for the said county. | Irregular nominations to be regarded. |
| III. And whereas it sometimes happens that sheriffs neglect or fail to give security for the collection of the taxes, yet are willing to enjoy the other emoluments and profits of the office attended with less risk: Be it therefore enacted, That where any sheriff now in commission, hath failed to give security for the collection of the taxes, or where any sheriff hereafter commissioned, shall fail to give such security at the next court to be held for his county, the clerk of every county court respectively, where any such failure shall happen, shall certify the same to the governor, who is hereby authorized and required to issue a commission for the next person nominated by the court, which to all intents and purposes shall supersede and annul the former commission. And if the second person so commissioned, shall also neglect or refuse to give security as aforesaid for the collection of the taxes, the governor with advice of council, is hereby authorized to commission any other justice of the peace for the said county, who shall be nominated by the court thereof. | If sheriffs fail to give security for taxes, a new sheriff to be appointed. |
| IV. And be it further enacted, That the court of every county shall hereafter, in the month of June or July annually, nominate two persons named in the commission of the peace for their county, one of whom shall be commissioned by the governor, to execute the office of sheriff, any law to the contrary notwithstanding. | When courts are to recommend. |
| V. And be it further enacted, That no deputy sheriff shall be eligible to either house of assembly, until he has been two years out of office, and has made up his collections of the public taxes, and paid into the treasury all arrearage, and has obtained a quietus for the same. | Deputy sheriffs ineligible to assembly for two years after their quietus. | ||
| CHAP. III. |
[Chapter CXC in original.] | ||
|
Chan. Rev. p. 210. | ||
| I. WHEREAS it hath been represented to the present general assembly, that during the course of the war, many persons in this state had caused their slaves to enlist in certain regiments or corps raised within the same, having tendered such slaves to the officers appointed to recruit forces within the state, as substitutes for free persons, whose lot or duty it was to serve in such regiments or corps, at the same time representing to such recruiting officers that the slaves so enlisted by their direction or concurrence were freemen; and it appearing further to this assembly, that on expiration of the term of enlistment of such slaves that the former owners have attempted again to force them to return to a state of servitude, contrary to the principles of justice, and to their own solemn promise. | Preamble reciting that many slaves, during the war, were enlisted into the army, as substitutes, being tendered as free men. | ||
| II. And whereas it appears just and reasonable that all persons enlisted as afosesaid, who have faithfully served agreeable to the terms of their enlistment, and have thereby of course contributed towards the establishment of American liberty and independence, should enjoy the blessings of freedom as a reward for their toils and labours; Be it therefore enacted, That each and every slave, who by the appointment and direction of his owner, hath enlisted in any regiment or corps raised within this state, either on continental or state establishment, and hath been received as a substitute | All slaves so enlisted, by appointment of their masters, and serving their term, emancipated. |
| for any free person whose duty or lot it was to serve in such regiment or corps, and hath served faithfully during the term of such enlistment, or hath been discharged from such service by some officer duly authorized to grant such discharge, shall from and after the passing of this act, be fully and compleatly emancipated, and shall be held and deemed free in as full and ample a manner as if each and every of them were specially named in this act; and the attorney-general for the commonwealth, is hereby required to commence an action, in forma pauperis, in behalf of any of the persons above described who shall after the passing of this act be detained in servitude by any person whatsoever; and if upon such prosecution it shall appear that the pauper is entitled to his freedom in consequence of this act, a jury shall be empannelled to assess the damages for his detention. | And may sue in forma pauperis and recover damages, if
detained in slaver. | ||
| III. And whereas it has been represented to this general assembly, that Aberdeen a negroe man slave, hath laboured a number of years in the public service at the lead mines, and for his meritorious services is entitled to freedom; Be it therefore enacted, That the said slave Aberdeen shall be, and he is hereby emancipated and declared free in as full and ample a manner as if he had been born free. | Aberdeen, for his long and meritorious services, at the lead mines, declared free. | ||
| CHAP. IV. |
[Chapter CXCI in original.[ | ||
|
[Chan. Rev. p. 210.] | ||
| I. FOR the better locating and surveying the lands given by law to the officers and soldiers on continental and state establishments; Be it enacted by the general assembly, That it shall and may be lawful for the deputations of officers, consisting of major general Peter Muglenburg, major-general Charles Scott, | Deputation of officers to choose superintendents and surveyors, for locating and surveying |
| major-general George Weedon, brigadier-general Daniel Morgan, brigadier-general James Wood, colonel William Heth, lieutenant-colonels Towles, Hopkins, Clarke, and Temple, captain Nathaniel Burwell, and captain Mayo Carrington, of the continental line, or any five of them; and brigadier-genoral Clark, colonels Brent, Muter, and Dabney, major Meriwether, captains Roane, Rogers, and Boswell, of the state line, or any three of them, to appoint superintendants on behalf of the respective lines, or jointly, for the purpose of regulating the surveying of the lands appropriated by law as bounties for the said officers and soldiers; and that the said deputations of officers shall have power to nominate and appoint two principal surveyors, to be commissioned as other surveyors within this commonwealth, and contract with them for their fees, who shall appoint their deputies, to be approved by the superintendants; and in case of their death, or inability to act, the superintendants shall have power to appoint from time to time, a successor or successors, as the case may require. Provided, That one sixth part of the fees received by such surveyor or deputies, shall be accounted for to the use of the college of William and Mary, in the same manner as other surveyors are directed to account for their fees, upon surveys made by them within this commonwealth. That the holder or holders of land warrants for military bounties, given by law as aforesaid, shall, on or before the fifteenth day of march next, deliver the same to the principal surveyors, at such place or places as they shall, with the advice of the deputations, direct, endorsing on the back of each warrant the number of surveys the same shall be laid off in, specifying the quantity of each survey. Provided, that a general officer shall not be allowed more than six, a field-officer five, and a captain and subaltern four surveys, in their respective apportionments of land, and the staff in proportion. The non-commissioned officers and soldiers warrants shall be put into classes, as near as circumstances will admit, of one thousand acres each, numbered previous to the drawing, and the number of the lot drawn shall be endorsed on every such class; and the persons interested in each class, shall determine their | lands, given to officers and soldiers, on continental and state
establishments. One sixth of surveyors fees reserved to Wm. & Mary college. Warrants for bounty lands to be delivered by March 15. Limitation as to nnmber of surveys. |
| choice by lot, in the same manner as shall be done by classes, and the same to be divided accordingly by the surveyors. | Warrants to be classed and drawn for by lot. |
| II. And be it further enacted, That the priority of location shall be determined by lot, as soon as may be, after the said fifteenth day of March next, under the direction and management of the principal surveyors and the superintendants, or any three of them, according to such regulations as shall be fixed on by the present deputation, from the officers on the continental and state establishments respectively. That all warrants delivered to the principal surveyors before the sixteenth of March next, shall be first surveyed, and those delivered upon that, or any subsequent day, shall be surveyed in the same order of priority, as they may be respectively delivered to the principal surveyors. And if the proprietor of any warrant shall, either by himself or agent, decline or refuse to locate and survey agreeable to the number of lot or lots drawn thereto, such proprietor shall be postponed to those who do not refuse to locate and survey according to rotation. | Priority of location determined by lot. |
| III. And be it further enacted, That every officer and soldier, or their legal representatives; may attend in person, or by another authorized for the purpose, to the locating and surveying their respective portions of land; and the portions of such officers and soldiers not being transferred, who may not be represented, shall be located and surveyed under the direction of the superintendants, agreeable to their number or rotation; but the superintendants shall not be compelled to attend to the locating and surveying of lands claimed by purchase, unless such claimant attend in person, or by an agent duly authorized for that purpose. And that every person or persons holding officers or soldiers warrrnts by assignment, shall pay down to the principal surveyors at the time of delivering such warrant or warrants, one dollar for every hundred acres thereof; exclusive of the legal surveyors fees, towards raising a fund for the purpose of supporting all contingent expences, or at the option of such holder or holders, the same may be held up until the warrants of all the original grantees have been surveyed; the said surveyors to account for all the money so received, to such person or persons as the said deputations may direct. | Locations and surveys to be made under the direction of the
superintendants. Assignees of warrants to pay one dollar a hundred, besides legal fees. |
| IV. And be it further enacted, That the surveyors under the direction of the superintendants, and the claimants having a right to survey from the priority of their numbers shall proceed in the first place to survey all the good lands, to be adjudged of by the superintendants, in that tract of country lying on the Cumberland and Tenisee rivers, as set apart by law for the said officers and soldiers, and then proceed in like manner to survey on the north-west side of the river Ohio, between the rivers Scioto and the Little Miama, until the deficiency of all military bounties in lands shall be fully and amply made up. Provided always, That in such surveys, the same proportions be observed in length and breadth as are directed by law in other surveys within this commonwealth, and shall be closed and marked on all sides. And whatever lands may happen to be left within the tract of country reserved for the army on this side the Ohio and Mississippi, shall be saved, subject to the order and particular disposition of the legislature of this state. And that the governor, with advice of council, be, and he is hereby empowered and required to furnish the superintendants with such military aid, at such time, and in such manner, as he may judge necessary for the purpose of carrying this act into executon. Provided, That the aid to be ordered shall be from the Kentucky country, and not exceed one hundred men. | All the good lands on Cumberland and Tenisee rivers, to be first
surveyed, then on north west of Ohio, between Scioto and Little Miami. Governor if necessary may furnish military aid. Limitation thereof. |
| V. And whereas the deputations of officers aforesaid, have represented to this assembly that a certain tract of country, lying on the Mississippi and the waters thereof, is from its situation and other advantages, of too much importance to be subject to fail to the lot of any individual, and it now being the request of the said lines, through their respective deputations as aforesaid, that four thousand acres of land should be laid off on the Mississippi and the waters thereof, within the said tracts of country for a town and other public purposes, for the common benefit and interest of the whole: Be it therefore enacted, That the said deputations jointly, be, and they are hereby empowered, to cause four thousand acres of land to be laid off in such manner and form as they may judge most beneficial for a town, without being confined to any certain length or breadth, as in other surveys, and vested in trustees, at | 4000 Acres of prime tract, on the Mississippi, may be laid off for a town. |
| such place on the said river Mississippi and the waters thereof, as the said trustees may agree upon, and in such manner as the said deputations may direct for purposes aforesaid, saving to all persons whatsoever, other than the said officers and soldiers, all right and title to the said four thousand acres of land as fully as if this act had never been made. | |||
| CHAP. V. |
[Chap. CXCII in original.] | ||
|
Chan. Rev. p. 211. | ||
| I. WHEREAS it appears by an order of the king of Great Britain in
council, bearing date the second day of July last, made under the express authority of his
parliament, that the growth or produce of any of the United States of America, are prohibited
from being carried to any of the British West India Islands, by any other than British subjects,
in British built ships, owned by British subjects, and navigated according to the laws of that
kingdom. II. And whereas this proceeding, though but a temporary expedient, exhibits a disposition in Great Britain to gain partial advantages, injurious to the rights of free commerce, and is repugnant to the principles of reciprocal interest and convenience, which are found by experience to form the only permanent foundation of friendly intercourse between states: Be it therefore enacted, That the United States in congress assembled, shall be, and they are hereby authorized and empowered to prohibit the importation of the growth or produce of the British West Indian islands, into these Untied States, in British vessels, or to adopt any other mode which may most effectually tend to counteract the designs of Great Britain, with respect to the American |
Preamble, reciting an order of the British
king in council, prohibiting the produce of the United States, from being carried to the West
Indies, except in British bottoms, owned and navigated by British subjects. Congress impowered to prohibit importations from the West Indies in British vessels, &c. |
| commerce, so long as the said restriction shall be continued on the part of Great Britain. Provided, That this act shall not be in force until all the states in the union shall have passed similar laws. | ||
| CHAP. VI. |
[Chapter CXCIII in original.] | |
| ||
| I. BE it enacted by the General Assembly, That the act, intituled, "An act for reviving and amending the acts for allowing fairs to be kept in the towns of Fredericksburg and Richmond," so far as the same relates to the said town of Fredericksburg, shall be, and the same is hereby revived; and that from and after the last day of February next, the fairs shall be held in the said town of Fredericksburg on the first Tuesday in June and October annually, any thing in the said recited act to the contrary notwithstanding. | Fairs in Fredericksburg revied. | |
| II. And be it further enacted, That the said recited act, except so much thereof as is contrary to this act, shall be, and the same is hereby continued for the term of seven years. | Continuance of act. | |
| III. And be it enacted, That from and after the said last day of February, courts of hustings in the said town of Fredericksburg shall be held on the first Monday in every month; and the said court, and the court of hustings in the town of Alexandria, shall have cognizance of all actions accruing within the respective jurisdictions thereof, not exceeding twenty pounds, or two thousand pounds of crop tobacco; any law to the contrary thereof notwithstanding. | Court day altered. Jurisdiction of hustings courts of Fredericksburg and Alexandria. | |
| IV. And whereas so much of the act, intituled, "An act for giving certain powers to the corporation of the city of Richmond, and for other purposes," as empowers the mayor, recorder, and alderman, of the said city, | Charter of Richmond explained. |
| to elect by ballot two of the common councilmen of the said city to the office of aldermen; and that in all triennial elections, as directed by the act for incorporating the town of Richmond, there shall be elected six aldermen, requires explanation and amendment: | ||
| V. Be it therefore enacted, That the house-keepers and inhabitants of the said city, qualified by law to vote for common councilmen, shall meet at the court-house in the said city, on the first day of January next, and then and there elect by ballot four persons, being free-holders and inhabitants of the said city, as common councilmen, in addition to the present common council; and that the mayor, recorder, and aldermen, shall meet on the next Monday thereafter, and then elect by ballot two of the common councilmen to the office of aldermen, who, upon taking the oath directed by the said act, shall have the same power and authority as the other aldermen of the said city. | Additional common council men men to be elected, additional aldermen how chosen. | |
| VI. And be it further enacted, That at the triennial elections of the said city, there shall be elected in manner directed by the said act, a mayor, recorder, six aldermen, and eight common councilmen; any law to the contrary notwithstanding. | Mayor, recorder, 6 aldermen, & 8 common council men, to be elected at trannial elections. | |
| CHAP. VII. |
[Chapter CXCIV in original.] | |
| ||
| I. WHEREAS the days established by law for holding courts in the
counties of Pittsylvania, Botetourt, Montgomery, and Spotsylvania, are found inconvenient: For
remedy whereof, II. Be it enacted, That from and after the first day of March next, the court for the county of Pittsylvania shall be constantly held on the third Monday in every month; the court for the county of Botetourt on the second |
Court days of Pittsylvania, Botetourt, Montgomery, and Spotsylvania altered. |
| Tuesday in every month; the court for the county of Montgomery on the fourth Tuesday in every month; and the court for the county of Spotsylvania on the first Tuesday in every month; any law to the contrary notwithstanding. | |
| CHAP. VIII. An act for admitting certain persons to the rights of citizenship. |
[Chapter CXCV in original.] |
| I. BE it enacted by the General Assembly, That Presley
Thornton, Philip Turpin, and John Wormeley, shall, upon taking the oaths of allegiance to this
state, respectively be entitled to, and have and enjoy all the rights, privileges, immunities,
which the citizens of this state hold and enjoy. Provided nevertheless, That the said
John Wormeley shall not be eligible to any office of trust or profit, within this commonwealth,
for and during the term of four years. |
Presley Thornton, Philip Turpin, and John Wormley admitted citizens, on taking the oath of allegiance. But John Wormley ineligible to any office of trust or profit, for four years. |
| CHAP. IX. An act to revive an act entitled An act concerning pensioners. |
[Chapter CXCVI in original.] |
| I. WHEREAS the act of assembly passed in the year one thousand seven hundred and eighty two, intituled, "An act concerning pensioners," expired in the month of May last, and it is expedient and necessary that the same should be revived, | Act concerning pensioners revived and continued. |
| II. Be it therefore enacted, That the act, intituled, "An act concerning pensioners," be revived, and shall continue and be in force from and after the passing of this act until the end of the next session of assembly. |
| CHAP. X. | [Chapter CXCVII in original.] | |
| ||
| I. WHEREAS the act of assembly passed in the year of our Lord one thousand seven hundred and eighty two, intituled, "An act to ascertain the losses and injuries sustained from the depredations of the enemy within this commonwealth," which was continued by a subsequent act, will expire on the first day of December next, and it is expedient that the same should be further continued. | Act for ascertaing losses, by depredations of enemy, during the war further continued. | |
| II. Be it therefore enacted by the General Assembly, That the act, intituled, "An act to ascertain the losses and injuries sustained from the depredations of the enemy within this commonwealth," shall continue and be in force from and after the expiration thereof, until the end of the next session of assembly, and no longer. | ||
| CHAP. XI. |
[Chapter CXCVIII in original.] | |
| ||
| I. WHEREAS from the great extend of the county of Monongilia, it is difficult and inconvenient for the freeholders to attend the election of
representatives: II. Be it enacted, That it shall be lawful and the sheriff of the said county of Monongalia is |
Separate e- elections in the county of Monongolia authorized. |
| hereby empowered and required, to hold an election of a senator for the district of West Augusta, and of delegates for the said county, at the following places, and in manner herein after directed, that is to say, on the court-day for the said county in the month of April annually, a poll shall be taken at the court-house thereof, and on the Monday following another poll shall be taken at the house of George Jackson, at the place called Boush's Fort, on Buchannon river, in the said county; the time and place whereof shall annually be advertised by the sheriff, at the most public places therein, at least one month before every such election, and after adding up the number of voters upon each poll, to proclaim and return the person having the greatest number of votes as a senator, and the two persons having the greatest number of votes as delegates, in the same manner as is directed by law for the election of senators and delegates in other districts and counties. | |
| CHAP. XII. An act making certain receipts and warrants payable in taxes. |
[Chapter CXCIX in original.] [Chan. Rev. p. 212.] |
| I. WHEREAS by an act of assembly passed in October, one thousand seven hundred and eighty-two, intituled, "An act to amend and reduce the several acts of assembly for ascertaining certain taxes and duties, and for establishing a permanent revenue, into one act," tobacco, hemp, flour, and deer-skins, vere, under certain restrictions and limitations, made commutable with specie in the payment of the taxes imposed by the said act. And whereas by another act passed in May, one thousand seven hundred and eighty-three, intituled, "An act to amend the act, intituled, An act to amend and reduce the several acts of assembly for ascertaining certain taxes and duties, and for establishing a permanent revenue, into one act," so much of the first recited act as makes tobacco, hemp, flour, or | Preamble. |
| deer-skins, receivable in the payment of taxes imposed by the said act was repealed. And whereas it is represented to this present general assembly, that many citizens of this commonwealth, in conformity to the first recited act, delivered to the receivers of hemp and flour, before the passing of the last recited act, the whole or a part of their taxes, in the said specifics, and obtained receipts for the same, which it is doubted cannot legally be received or paid in discharge of the taxes now due, notwithstanding the greater part of such hemp and flour has been applied to the use of the public: For removing such doubts, | |
| II. Be it enacted, That all receipts which have not been returned to the officer granting the same, or transferred for hemp and flour delivered pursuant to the directions of the said first recited act, shall be received by the sheriffs or collectors in discharge of one half of the taxes of the persons delivering such hemp or flour, at the rate or price affixed thereto by the said act; and such receipts shall be allowed the sheriffs and collectors in the settlement of their accounts for the collection of the public taxes; any law to the contrary, or seeming to the contrary, notwithstanding. | Receipts for hemp or flour delivered according to act Oct. 1782, ch. 8. for taxes, to be now received. |
| III. And be it further enacted, That the auditors of public accounts shall be, and they are hereby empowered and authorized, to issue warrants to each sheriff, witness, and venire-man, that shall hereafter attend the general court on any criminal prosecution, in which their allowance is to be paid by the commonwealth, and such warrants, when issued, shall be receivable in taxes now due, or that hereafter may become due. | Auditors to issue warrants to sheriffs, venire-remen & witnesses, such warrants, receivable in taxes |
| Pages 281-297
| Pages 320-339
|