Pages 45-67
|  Pages 93-117
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| Pages 45-67
| Pages 93-117
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| CHAP. XXIII. | ||
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| I. WHEREAS the president and directors of the Potowmack company, by their petition to this general assembly on behalf of the said company, have set forth, that in pursuance of the acts of assembly of this state, and of Maryland, intituled "An act for opening and extending the navigation of Potowmack river," they purpose to make a canal on one level to be supplied by the current of the river from a little above the Great falls, of Potowmack, to a convenient place below those falls, where they design to effect a communication with the bed of the river by connected locks, and that they are under the strongest impressions, if any canal and locks should be found necessary or useful at the Little falls of the said river, that another such cut on one level and a waste of the whole fall by a set of locks at tide water, will be preferable there on every account; and that as the depth of the water in such canals will be encreased on the rise of the water in the river, so as to permit an easy passage for all such boats and rafts as can pass in the river, even less than two feet depth of water in the said canals in dry seasons, with the certain necessary encrease on the rise of the river, will be fully sufficient, instead of the four feet required by the said acts, to answer all useful purposes; and that, cutting the said canals four feet below the level of the water in dry seasons, will very greatly and uselessly enhance the expence of the canals, occasion considerable delay in the work, and render it in a degree less secure −− they have therefore prayed that acts of the assemblies of both states, may pass, making it necessary that such canals contain two feet only, instead of the four feet required by the said acts, and if the levels should be broken by locks placed apart from each other, that the first level may necessarily contain only two feet depth, and the other, or rest, four; all which suggestions appearing to this general assembly to be true, and the prayer of the said petition to be reasonable: | Preamble. |
| II. Be it enacted by the General Assembly, That any canal which shall be cut or made on one level by the Potowmack company, at the Great or Little falls of Potowmack river, supplied by the current of that river, containing two feet of water at the least in dry seasons, and communicating again with the river by locks, if necessary, the spaces between the locks, if they should be placed distant from each other, containing four feet depth of water, shall be equally available to every intent and purpose as if the whole of such canal had been made to contain four feet depth of water, agreeable to the directions of the said acts; any thing in the said acts to the contrary, notwithstanding. | Potowmack company authorised to cut a canal containing two feet water, instead of four, at certain places. |
| III. This act to take place as such, on a similar law being passed by the legislature of Maryland, and not otherwise. | |
 CHAP. XXIV. An act for adding part of the county of Nansemond to that of Southhampton. | |
| BE it enacted by the General Assembly, That from and after the first day of March next, all that part of Nansemond county, lying south of the rivers Blackwater and Nottoway, shall be added to and made part of the county of Southampton. The court of the said county of Nansemond shall have jurisdiction of all actions and suits, in law or equity, depending before them on the said first day of March. Provided always, That nothing herein contained shall be construed to hinder the sheriff or collector of the said county of Nansemond, from collecting and making distress for any levies, taxes, or officers fees, which may be due and unpaid by the inhabitants of that part of the said county hereby added to the county of Southampton; but such sheriff or collector may collect and distrain for the same and shall be answerable in like manner, as if this act had not been made. | Part of the county of Nansemond added to Southampton |
| CHAP. XXV. An act for forming a new county out of the counties of Bedford and Henry. | |
| I. BE it enacted by the General Assembly, That all that part of the county of Bedford lying south of Staunton river, together with so much of the county of Henry lying north of a line to be run from the head of Shooting Creek, to the west end of Turkey-cock mountain; thence along the top of the mountain to intersect the dividing line between the counties of Henry and Pittsylvania; thence along that line to the mouth of Black-water river; shall from and after the first day of January next, form a distinct county, and be called and known by the name of Franklin: That a court for the said county of Franklin shall be held by the justices thereof on the first Monday in every month, after such county shall take place, in like manner as is provided by law for other counties, and shall be by their commissions directed. That the justices to be named in the commissions directed. That the justices to be named in the commission of the peace for the said county of Franklin, shall meet at the house of James Callaway, at his iron works in the said county, upon the first court-day after the said county, upon the first court-day after the said county 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 thenceforth the said court shall proceed to erect the necessary public buildings at such place, and until such buildings be completed, to appoint any place for holding courts as they shall think proper. Provided always, That the appointment of a place for holding courts, 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 prevented from attending by bad weather, or their being at the time out of the county, in such case the appointment shall be postponed until some court-day when a majority shall be present. The | Franklin county formed from Bedford &
Henry. Boundaries. Court days. |
| governor, 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. | ||
| II. Provided also, and be it further enacted, That it shall and may be lawful for the sheriffs of each of the said counties of Bedford and Henry, to collect and make distress for any public dues or officers fees, which shall remain unpaid by the inhabitants thereof at the time the said county shall take place, and shall be accountable for the same in like manner as if this act had never been made. And that the courts of the said counties of Bedford and Henry, shall have jurisdiction of all actions and suits, in law or equity, which shall be depending before them at the time the said county shall take place, and shall try and determine the same, and issue process, and award execution thereon. In all future elections of senators, the said county of Franklin shall be of the same district as the counties of Bedford and Henry. | ||
| CHAP. XXVI. | ||
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| I. WHEREAS part of the line between the counties of Goochland and Fluvanna, cannot be clearly ascertained in consequence of the destruction of the marked trees; | Boundary line between counties of Goochland & Fluvanna ascertained. | |
| II. Be it therefore enacted, That a straight line shall be run from the bank of James river, beginning at a rock called Golgotha, a small distance below Ross's ferry landing, to a marked tree in the line between the said counties standing near the road, leading from Goochland court-house to Fluvanna court-house. The said line to be run in the presence of a magistrate from each county, and at the expence of the county of Fluvanna. |
| CHAP. XXVII. | ||
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| I. WHEREAS the commissioners appointed pursuant to a resolution of the general assembly at the last session, to examine the most convenient course for a road from the highest navigable part of James river, to the nearest navigable part of the waters running into the Ohio, have reported the practicability of the same; and it appears to this assembly that the opening the said road will greatly co-operate with and facilitate the scheme for opening and extending the navigation of the said river, and that the expence thereof may be defrayed by a mode convenient to the public, and productive of ease and relief to the inhabitants of the county of Greenbrier (through which the said road must pass) who from their exposed situation to the incursions of the savages, their recent settlement in that county, and distance from navigation, are unable to discharge their taxes, without great distress, but are willing and desirous to discharge the same by labour, or in supplies necessary for the opening the said road, which, when effected, will remove the disability in future of paying the public taxes, and produce great benefit, by opening trade and communication with the western country: | Provision for opening a waggon road, from the town of Lewisburg to the lower falls of the Great Kenawha, by appropriating taxes of Greenbrier, or accepting personal labour from the inhabitants. | |
| II. Be it therefore enacted by the General Assembly, That Samuel Brown, James Henderson, William Poage, Andrew Donnelly, and George Clendinen, gentlemen, or a majority of them, shall be, and they are hereby authorized and required, after having severally taken an oath before the court of the said county of Greenbrier, and entered into bond, with security, in the penal sum of ten thousand pounds, payable to the governor and his successors, for the use of the commonwealth for the due, faithful, and impartial execution of their office, to appoint a time and place of meeting, giving two months previous notice thereof by advertisement at the courthouse door of each of the counties |
| of Greenbrier, Augusta, Rockbridge, and Botetourt, and then and there proceed to let to the lowest bidder, the opening a waggon road at least thirty feet wide, from the town of Lewisburg in Greenbrier, to the lower falls of the Great Kanawa, to be finished and completed fit for the use of waggons, within two years, taking bond and good security, in a sufficient penalty, from the undertakers, payable to the said commissioners, for the due execution of the said work, in the term aforesaid. The said undertakers shall have power to contract with any person or persons, inhabitants of the said county of Greenbrier, for personal labour, or supplies of money, or any thing that may be necessary in aid of the said work, and shall give certificates to the person or persons so contributing, to the amount of whatever they have furnished; which certificates, when countersigned by one or more of the said commissioners, the sheriff of the said county of Greenbrier shall receive in payment for the taxes due from the holder thereof; and the sheriff shall be allowed a credit for all such certificates by him received, at the treasury in the settlement of his accounts for the arrears of taxes due from his county. | |
| III. Provided always, and be it further enacted, That the said commissioners shall furnish the auditors of public accounts with a transcript of their book of accounts, before any certificates shall be allowed the sheriff in the settlement of his accounts, and no certificate shall be allowed unless the same is countersigned by one or more of the said commissioners, and entered in the transcript sent by the said commissioners to the auditors of public accounts. All proceedings against the sheriff of the said county of Greenbrier, respecting the said arrears of taxes (except as hereafter excepted) shall be suspended until the first day of may, one thousand seven hundred and eighty-eight. Every person in the said county of Greenbrier, failing to contribute so much to the opening of the said road as will be sufficient to discharge his arrears of taxes, on or before the first day of January next, it shall and may be lawful for the sheriff of the said county of Greenbrier to collect and distrain for the same, and pay the amount thereof to the said commissioners within two months thereafter, and on failure so to do, the said commissioners may recover the said amount by motion in the |
| court of the said county of Greenbrier; provided the sheriff has ten days previous notice of such motion. −− Provided also, That the amount of the certificates to be granted pursuant to this act, shall not exceed the sum of five thousand pounds, nor shall the sheriff of said county be allowed, in the settlement of his accounts with the public, for more certificates than the amount of that sum. The clerk of the said county of Greenbrier, shall transmit to the executive, a copy of the bond entered into by the commissioners, together with a certificate of their taking the oath, within six months after the said bond be taken, and said oath administered, under the penalty of one hundred pounds to be recovered by action of debt, or information, with costs, in any court of record, to the use of the party who will sue for the same. | |
| CHAP. XXVIII. An act for adding part of the county of Rockbridge to the county of Botetourt. | |
| I. WHEREAS the boundary line between the counties of Rockbridge and Botetourt has been lately extended, whereby inconveniencies have arisen to a part of the inhabitants of the said county of Rockbridge: For remedy whereof, | |
| II. Be it enacted by the General Assembly, That all that part of the said county of Rockbridge lying west of the top of the Camp-mountain, shall henceforth be added to and taken as part of the said county of Botetourt. Provided always, That it shall be lawful for the sheriff of the said county of Rockbridge, to collect and make distress for any public dues or officers fees, which shall remain unpaid by the inhabitants of that part of the said county hereby added to the said county of Botetourt, and shall be accountable for the same in like manner as if this act had not been made. | Part of the county of Rockbridge added to Botetourt. |
| CHAP. XXIX. | ||
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| I. WHEREAS the act of assembly passed in the year one thousand seven hundred and eighty-four, intituled "An act to appoint commissioners to state and settle the losses sustained by the burning the warehouses at Rocky Ridge," hath expired, and it is expedient and necessary that the same should be revived: | Act appointing commissioners to settle losses on tobacco, burnt at Rocky Ridge warehouses, revived. | |
| II. Be it therefore enacted, That the act, intituled "An act to appoint commissioners to state and settle the losses sustained by the burning the warehouses at Rocky Ridge," shall be revived, and continue and be in force, from and after the passing of this act, until the first day of May next, and no longer. | ||
| CHAP. XXX. An act for keeping certain roads in repair. | ||
| I. WHEREAS the public roads leading from the north-western parts of this state, to the towns of Alexandria and Colchester, in the county of Fairfax, by means of the great number of waggons which use the same, are rendered impassible, and the ordinary method of keeping them in repair as at present by law established, is not only insufficient, but exceedingly burthensome to those who are employed therein: For remedy whereof, | Provision for keeping in repair, the roads from the north-western parts of the state to Alexandria and Colchester. | |
| II. Be it enacted, That George Gilpin, Charles Little, Francis Peyton, Samuel Love, Israel Thompson, |
| Thomas Hart, William Brady, John Smith, and George Noble, gentlemen, be, and they are hereby appointed, commissioners of the aforesaid roads; and the said commissioners, or a major part of them, or such person or persons as they shall appoint, may set up and erect, or cause to be set up and erected, one or more gates or turnpikes across the roads, or any of them, leading into the town of Alexandria, from Snigger's and Vestal's gaps, within five miles of said town, and the tolls and duties following shall be paid and received, before any of the things on which the same are herein after imposed shall be permitted to pass through the said gates or turnpikes, or either of them, that is to say: For every coach or other four wheeled riding carriage and the driver thereof, one shilling and three pence; for every two wheeled chaise or chair and the driver thereof, eight-pence; for every loaded waggon and the driver thereof, one shilling; for every loaded cart and the driver thereof, six-pence; for every waggon not loaded and the driver thereof, six-pence. No person shall be liable or compelled to pay any of the before mentioned tolls or duties on any article on which they are imposed, in returning from the aforesaid town of Alexandria, who paid the toll or duty thereon in coming to the said town. Every carriage shall be exempt from the payment of the tolls and duties hereby imposed, for the term of one year, which shall be entered with the person appointed to collect the tolls hereby imposed, and obtaining a licence therefor from him; which licence shall not be granted until the owner of such carriage, or some other person in his behalf, shall pay to the collector of the tolls for every coach or other four wheeled riding carriage so entered, the sum of forty shillings; for every two wheeled chaise or chair, the sum of twenty shillings; for every waggon, the sum of forty shillings; for every cart the sum of twenty shillings. And the said commissioners, or a major part of them, shall and may nominate and appoint some fit person or persons to receive the tolls or duties aforesaid and to see that the gates and turnpikes are duly repaired and amended, and from time to time remove such persons as they shall see occasion, and appoint others, in case of death, or such removal; and the person or persons so appointed | Turnpike gates. Tolls. |
| to receive the tolls or duties aforesaid, shall account before the said commissioners, or such of them as shall be appointed by a majority of them, in the months of April and October yearly, or oftner if required, upon oath, for the monies which they shall have received by virtue of this act; and the commissioners shall and may, out of the money arising as aforesaid, make allowance to such persons by them to be appointed as aforesaid, for their care and trouble in the execution of their office, as to them shall seem proper; always taking bond, with good and sufficient security, from the persons appointed, for the due and faithful execution of their office, and rendering such account. And in case any such collector shall refuse to account, or pay the whole duties by him received, it shall and may be lawful for the said trustees, upon motion made to the county court, to demand judgment against such collector for all duties or tolls wherewith he shall be chargeable by this act; and such court may give judgment, and award execution thereupon, against such collector and his securities, provided they have ten days previous notice. | |
| III. And be it further enacted, That the money arising from the tolls and duties hereby imposed, shall by the said commissioners be applied towards defraying the expences of clearing and keeping in repair the roads leading from Snigger's and Vestal's gaps to Alexandria, and also from George-town to Alexandria. And the better to tenable the said commissioners immediately to set about repairing the said roads, and to erect gates or turnpikes thereon, | Appropriation of tolls. |
| IV. Be it enacted, That from and after the passing of this act, it shall and may be lawful for the county courts of Fairfax, Loudoun, Berkeley, and Frederick, respectively, and they are hereby authorized and required, to levy and assess upon the owners of property living within their several counties, for three years next ensuing, the following sums annually, that is to say: On the inhabitants of Fairfax county, the sum of sixty pounds; of Loudoun, the sum of sixty pounds; of Berkeley, the sum of sixty pounds; of Frederick, the sum of sixty pounds; to be paid by such persons, in proportion to their property assessed under the revenue law; which said several sums shall be collected in the same manner as the levies in those counties are | Levies payable by counties of Fairfax, Loudoun Berkeley and Frederick, for repairing roads. |
| collected, and by the respective sheriffs paid to the said commissioners: And the said commissioners, or a majority of them, shall be, and they are hereby authorized and required, to lay out and disburse the money so levied annually, in such manner as they shall think best for keeping the roads from Snigger's and Vestal's gaps to Alexandria, and the road from George town to Alexandria in repair. And the sheriffs of the said counties respectively, shall give bond, with sufficient security, for the faithful collection of the money so levied, and for accounting and paying the same to the said commissioners; and in case of failure or neglect, shall be liable, on the motion of the said commissioners, in the same manner as by law they are now liable for not accounting and paying other levies. Provided, That nothing herein contained shall be construed, deemed, or taken, so as to restrain or exempt the courts to the aforesaid counties of Fairfax and Loudoun respectively, from allotting the hands which have usually worked on these roads, from assisting in repairing and amending the same within their proper districts, in the manner already directed by law, excepting only that they shall not appoint overseers over the several districts of the roads directed to be repaired by this act; but it shall and may be lawful for the said courts, and they are hereby required, to cause a list of all tithables within their respective counties, which are by law compellable to work on the aforesaid roads, specifying the several districts they belong to, to be delivered to the said commissioners, who shall and may direct the person or persons by them appointed or employed in the execution of this act, to summon any of the said tithables, at any time they shall see cause, to work on the said roads within the districts specified by the said lists; provided the number of days which each tithable shall work thereon, does not exceed six, in the space of any one year. And if any free person called out as aforesaid, shall wilfully, and without a sufficient excuse, neglect or refuse to appear, he shall be liable to the penalty of six shillings for every day he shall so refuse or neglect to appear, or to work upon the said road when there; to be recovered, with costs, by warrant, before a single magistrate, by the person appointed by the said commissioners to overlook and direct the repairs of the said roads to which such free tithable so |
| offending shall belong. And that if any master, mistress, or overseer, shall, without a sufficient excuse, neglect or refuse to send the respective male tithable servants or slaves to him or her belonging, or under the care of such overseer, within the said districts, to work upon the said roads when required by the person or persons employed by the said commissioners to overlook the repairs of the said roads, such master, mistress, or overseer, shall be respectively liable to the penalty of six shillings for every such male tithable servant or slave so neglected to be sent by such master, mistress, or overseer; which said penalty shall be paid to the commissioners appointed by this act, and by them applied towards repairing the roads herein before mentioned. And to the end that this act may be duly enforced, | |
| V. It is further enacted, That every person employed by the said commissioners to overlook the repairs of the above mentioned roads, who shall neglect to apply for a warrant against the several persons offending against this act, shall be liable to the penalty of six shillings for every such neglect; which said penalty shall be recovered, with costs, by warrant, before a single justice, by any one of the said commissioners who shall apply for the same, and when recovered, shall by such commissioner be applied towards repairing the aforesaid roads. | Overlookers of repairs, to enforce penalties. |
| VI. And be it further enacted, That the said commissioners, or any person or persons by them appointed, shall and may, and they are hereby empowered, to cut timber, dig earth, and take stone, adjoining or convenient to the aforesaid roads, for the purpose of building or repairing bridges, and repairing the aforesaid roads: Provided always, That any timber so cut, or stone taken, shall be first valued (unless the owner or owners thereof consent thereto) in the manner directed by an act of assembly "For the more effectual keeping the public roads and bridges in repair;" which valuation shall be paid by the commissioners, out of the money levied by the aforesaid counties as herein before-mentioned, or out of the money arising from the tolls or duties herein before imposed. And for continuing the succession of the said commissioners, | Power of commissioners to procure timber, stone, &c. |
| VII. Be it further enacted, That it shall and may be lawful to and for the said commissioners, or the major | Vacancies, in commissioners, how supplied. |
| part of them, from time to time, upon the death, resignation, or removal, of any of the commissioners herein before named, or hereafter to be appointed, to elect or choose one or more person or persons, instead of the commissioner or commissioners so dying, resigning or removing: And if it shall be bound necessary to erect turnpikes on any of the aforesaid roads, at a greater distance from Alexandria than is herein before-mentioned, it shall be lawful for the said commissioners, or a majority of them, to erect, or cause to be erected, a turnpike or turnpikes at such place or places as they may think necessary, and to impose reasonable tolls or duties on things passing through such turnpike or turnpikes, so as not to exceed the tolls on anything herein before-mentioned. | |
| VIII. And be it further enacted, That any free person who shall drive any riding carriage, or waggon or cart, round any turnpike, with an intention to evade the payment of the toll, shall forfeit and pay the sum of twenty shillings; and if the person so offending shall be a servant or slave, the master or mistress shall forfeit and pay the penalty aforesaid; to be recovered before a single magistrate, on complaint of the person appointed to receive the tolls, and by him paid to the commissioners, to be by them applied to the purpose of keeping the aforesaid roads in repair. | Penalty for evading toll. |
| IX. And be it further enacted, That the aforesaid commissioners shall, in the month of June annually, return to the county court of Fairfax, a just and true account of all monies received by them or any of them, for tolls, penalties, or licences, and of the disbursements thereof; which account shall be filed by the clerk of the said court. | Commissioners to report. |
| CHAP. XXXI. | ||
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| I. WHEREAS it hath been represented to this present general assembly, that previous to the extending the line between Greenbrier and Harrison counties, the latter of which has been lately taken from Monongalia, that state warrants have been located on the same parcel of land in the several counties herein mentioned, and as it is just and right that the first location should hold said land, | Provision, as to certain locations of land warrants in the counties of Greenbrier, Harrison and Monongalia. | |
| II. Be it therefore enacted, That the surveyor of each of the aforesaid counties, shall, on or before the first day of June next, transmit an attested copy of all entries of state warrants made in his office, to the surveyor of each of the aforesaid counties, with the date, and quantity of land held or claimed by such entries, that the several surveyors may thereby be enabled to survey said entries to the person or persons who had the first locations. | ||
| III. And be it further enacted, That all surveys heretofore made in either of the aforesaid counties by virtue of the first location, shall be good and valid; any act to the contrary, notwithstanding. |
| CHAP. XXXII. | ||
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| I. WHEREAS it hath been represented to this present general assembly, that no person would undertake the collection of the taxes in the county of Rockingham, for the year one thousand seven hundred and eighty-four, and that William Nall, the present sheriff of the said county, is willing to undertake the collection thereof, in case a reasonable time is allowed him to perform the same, as also to complete the collection of the taxes due in the said county for the present year: | William Nall authorised to collect taxes of Rockingham, for 1784 | |
| II. Be it therefore enacted, That the said William Nall, upon giving bond and security in the court of the said county of Rockingham, in the penalty required by law for collectors, shall be, and he is hereby vested with as full power to collect and distrain for the taxes due in the said county, for the year one thousand seven hundred and eighty-four, as if he had been sheriff thereof at the time they were payable; and the said William Nall is hereby allowed until the first day of August next, to complete the collection of the taxes in the said county, for the last as well as the present year; and if he shall fail to make payment thereof into the public treasury on or before the said first day of August, it shall and may be lawful for the solicitor-general to move for judgment against him at the next October general court, or at any other session of the said court subsequent to such failure. The said William Nall shall in all cases respecting the collection of the said taxes, be entitled to the same emoluments, and shall be subject to the like penalties and damages, as directed in the cases of sheriffs and collectors by the several laws for collecting the revenue of this state. | Time allowed him. |
| CHAP. XXXIII. An act for establishing several new ferries. | |
| BE it enacted by the General Assembly, That public ferries shall be constantly kept at the following places, and the rates for passing the same be as followeth, that is to say: From the land of Thomas Evans, across Monongalia river, at the mouth of Decker's creek, to the opposite shore, for a man three pence, and for a horse the same; from the land of Nicholas Lewis, in the county of Albemarle, across the Rivanna, or North fork of James river, for a man three pence, and for a horse the same; from the land of John Pettyjohn, in the county of Monongalia, across the Tyger Valley river, to his land on the opposite shore, for a man three pence, and for a horse the same; from the land of John Turberville, known by the name of Dial's landing, in the county of Fairfax, across Potowmack river, to the opposite shore in the state of Maryland, for a man six pence, and for a horse the same; from the land of James Hogan, in the county of Lincoln, across the Kentucky river, at the mouth of Hickman's creek, to his lands on the opposite shore, in the county of Fayette, for a man fourpence, and for a horse the same; from the land of Andrew Jee, in the county of Monongalia, across Cheat river, to the land of Jacob Scott, on the opposite shore, for a man three pence, and for a horse the same; from the land of Thomas Butler, in the county of Monongalia, across Cheat river, to his land on the opposite shore, for a man three pence, and for a horse the same; from the land of David Crews, in the county of Lincoln, across the Kentucky river, at the mouth of Jack's creek, to the opposite shore, in the county of Fayette, for a man four pence, and for a horse the same; from the land of William Anderson, in the county of Botetourt, across James river, to the land of William Crow on the opposite shore, for a man three pence, and for a horse the same; from the land of William Steele, in the county of Fayette, across Kentucky river, at the place called Stone Lick, to the land of John Craig, in the county of Lincoln, for a man four pence, and for a horse the same; from the | New ferries established. Rates. |
| land of John Campbell, in the county of Jefferson, across the Ohio river, to the mouth of Silver creek, for a man one shilling, and for a horse the same; from the said land across the Ohio river, to the mouth of Mill-run, for a man nine pence, and for a horse the same: And for the transportation of wheel carriages, tobacco, cattle, and other beasts, at the places aforesaid, the ferry-keepers may respectively demand and take the same rates as by law are established at other ferries. −− If any ferry-keeper shall demand or receive from any person or persons whatsoever, any greater rates than are hereby allowed for the ferriage or carriage 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 the peace of the county where the offence shall be committed. | Penalty for exceeding legal rates. |
| CHAP. XXIV. An act for establishing religious freedom.* |
From revised bills of 1779, ch. LXXXII. |
| I. WHEREAS Almighty God hath created the mind free; that all attempts to influence it by temporal punishments or burthens, or by civil incapacitations, tend only to beget habits of hypocrisy and meanness, and are a departure from the plan of the Holy author of our religion, who being Lord both of body and mind, yet chose not to to propagate it by coercions on either, as was in his Almighty power to do; that the impious presumption of legislators and rulers, civil as well as ecclesiastical, who being themselves but fallible and uninspired men, have assumed dominion over the faith of others, setting up their own opinions and modes of thinking as the only true and infallible, and as such endeavouring to impose them on others, hath established | Preamble. |
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| * In the preamble to this act, some variations have been made from the original bill, as reported by the revisors, which render the life style less elegant, though the sens is not affected. See the note to edi. 1814, pa. 41. |
| and maintained false religions over the greatest part of the world, and through all time; that to compel a man to furnish contributions of money for the propagation of opinions which he disbelieves, is sinful and tyrannical; that even the forcing him to support this or that teacher of his own religious persuasion, is depriving him of the comfortable liberty of giving his contributions to the particular pastor, whose morals he would make his pattern, and whose powers he feels most persuasive to righteousness, and is withdrawing from the ministry those temporary rewards, which proceeding from an approbation of their personal conduct, are an additional incitement to earnest and unremitting labours for the instruction of mankind; that our civil rights have no dependence on our religious opinions, any more than our opinions in physics or geometry; that therefore the proscribing any citizen as unworthy the public confidence by laying upon him an incapacity of being called to offices of trust and emolument, unless he profess or renounce this or that religious opinion, is depriving him injuriously of those privileges and advantages to which in common with his fellow-citizens he has a natural right; that it tends only to corrupt the principles of that religion it is meant to encourage, by bribing with a monopoly of wordly honours and emoluments, those who will externally profess and conform to it; that though indeed these are criminal who do not withstand such temptation, yet neither are those innocent who lay the bait in their way; that to suffer the civil magistrate to intrude his powers into the field of opinion, and to restrain the profession or propagation of principles on supposition of their ill tendency, is a dangerous fallacy, which at once destroys all religious liberty, because he being of course judge of that tendency will make his opinions the rule of judgment, and approve or condemn the sentiments of others only as they shall square with or differ from his own; that it is time enongh for the rightful purposes of civil government, for its officers to interfere when principles break out into overt acts against peace and good order; and finally, that truth is great and will prevail if left to herself, that she is the proper and sufficient antagonist to error, and has nothing to fear from the conflict, unless by human interposition disarmed of her natural weapons, free argument and debate, errors |
| ceasing to be dangerous when it is permitted freely to contradict them: | |
| II. Be it enacted by the General Assembly, That no man shall be compelled to frequent or support any religious worship, place, or ministry whatsoever, nor shall be enforced, restrained, molested, or burthened in his body or goods, nor shall otherwise suffer on account of his religious opinions or belief; but that all men shall be free to profess, and by argument to maintain, their opinion in matters of religion, and that the same shall in no wise diminish, enlarge, or affect their civil capacities. | None compelled to frequent, or support any religious worship. All free to profess, & by arggument to maintain their religious opinions. |
| III. And through we well know that this assembly elected by the people for the ordinary purposes of legislation only, have no power to restrain the acts of succeeding assemblies, constituted with powers equal to our own, and that therefore to declare this act to be irrevocable would be of no effect in law; yet we are free to declare, and do declare, that the rights hereby asserted are of the natural rights of mankind, and that if any act shall be hereafter passed to repeal the present, or to narrow its operation, such act will be an infringement of natural right. | Declaration that the rights by this act asserted, are of the natural rights of man. |
| CHAP. XXXV. An act for dividing the county of Hampshire. | |
| BE it enacted by the General Assembly, That from and after the first day of February next, the county of Hampshire shall be divided into two distinct counties, by a line beginning at the north branch of Potowmack, opposite to the mouth of Savage river, and running thence in a direct course so as to strike the upper end of the plantation known by the name of Myre's mill, on New creek; thence in a direct course to John Lewis's mill, on Patterson's creek; thence in a direct course to the highest part of the mountain known by the name of the High Nob; thence in a direct course to the gap | Hampshire county divided and Hardy
formed. Boundaries. |
| of the Short Arse mountain, where the North river runs through the same; thence along the road leading by the upper end of Henry Fry's plantation, on cape Capon, and along the said road to the top of the North mountain to the dividing line between the counties of Shenandoah and Hampshire; and that all that part of the said county lying south of the said line shall be called and known by the name of Hardy; and the residue of the said county shall retain the name of Hampshire. A court for the said county of Hardy, shall be held by the justices thereof on the Friday after the second Tuesday in every month, after such division shall take place, in such manner as is provided by law for other counties, and shall be by their respective commissions directed. The justices to be named in the commission of the peace for the said county of Hardy, shall meet at the house of William Bullitt, 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, shall 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; and thenceforth the said court shall proceed to erect the necessary public buildings at such place, and until such buildings be completed, to appoint any place for holding courts as they shall think proper. Provided always, That the appointment of a place for holding courts, 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 prevented from attending by bad weather, or their being at the time out of the county, in such case the appointment shall be postponed until some court-day when a majority shall be present. The governor, with the 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 also, That it shall be lawful for the sheriff of the said county of Hampshire, to collect and make distress for any public dues or officers fees, which shall remain unpaid by the inhabitants thereof at the time such division shall take place, and shall be accountable for the same in like manner as if | Court days. |
| this act had not been made. And that the court of the said county of Hampshire, shall have jurisdiction of all actions and suits, in law or equity, depending before them at the time of the said division, and shall try and determine the same, and award execution thereupon. that in all elections of a senator, the said county of Hardy shall be of the same district with the said county of Hampshire. | ||
| CHAP. XXXVI. | ||
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| I. WHEREAS the act of assembly, passed in the year one thousand seven hundred and eighty-four, intituled "An act to revive and amend in part, an act, intituled an act for giving farther time to enter certificates for settlement rights, and for locating warrants upon pre-emption rights, and for other purposes," which was continued by a subsequent act, expired on the first day of June last, and it is expedient that the same should be revived, continued, and amended: | Further time allowed to enter certificates for settlement rights and for locating warrants upon pre-emption rights. | |
| II. Be it therefore enacted, That the said recited act shall be revived, and continue and be in force until the first day of November, one thousand seven hundred and eighty-six, and no longer; within which time, the register of the land-office, or his deputy, shall receive all plats and certificates of survey, although not returned within the time heretofore limited by law; and such lands shall not be considered as forfeited, or liable to a forfeiture on that account. And whereas, the time allowed for entering certificates for settlement rights is |
| expired, and it being adjudged necessary that the same ought to be revived and continued. | |
| III. Be it therefore enacted, That it shall and may be lawful for the surveyors of this commonwealth, within their respective counties, at any time before the first day of June next, to receive and enter all such certificates, or the attested copies of such as shall be lost, and to proceed to survey the same as the law directs. And whereas sundry persons have been prevented by unavoidable accident, from obtaining and entering pre-emption warrants before the register of the land-office was prohibited from issuing any more warrants by a resolution of the general assembly. | |
| IV. Be it further enacted, That all such persons shall be allowed until the said first day of November, to obtain and enter such warrants. And that every person entitled to a pre-emption warrant as aforesaid, shall pay into the public treasury, thirteen shillings and four-pence for every hundred acres of land, in specie or audited certificates, in full for the state price heretofore required, which being audited, and a certificate thereof produced to the register of the land-office, the said register is hereby authorized and directed to issue such wrarant to the party entitled to the same, or to his assigns. | Price of pre-emption warrants. |
| CHAP. XXXVII. An act for dividing the county of Fayette. | |
| BE it enacted by the General Assembly, That from and after the first day of May, one thousand seven hundred and eighty-six, the county of Fayette shall be divided into two distinct counties, that is to say, so much of the said county within the following lines: Beginning at the mouth of upper Howard's creek, on Kentucky river, running up the main fork thereof to the head; thence with the dividing ridge between Kentucky | Fayette county divided, & Bourbon formed. Boundaries. |
| and Licking-creek, until it comes opposite the head of Eagle creek, from thence a direct line to the nearest part of Raven creek, a branch of Licking, down Raven creek to the mouth thereof; thence with Licking to the Ohio; thence with the Ohio to the mouth of Sandy creek, up Sandy creek, to the Cumberland mountain; thence with the said mountain to the line of Lincoln county; thence with that line, and down Kentucky river, to the beginning; shall be one distinct county, and called and known by the name of Bourbon; and the residue of the said county shall retain the name of Fayette. A court for the said county of Bourbon, shall be held by the justices thereof on the third Tuesday in every month, after the said division shall take place, in such manner as is provided by law for other counties, and shall be by their commissions directed. The justices to be named in the commission of the peace for the said county of Bourbon, shall meet at the house of James Garrard, 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 thenceforth the said court shall proceed to erect the necessary public buildings at such place, and until such buildings be completed, to appoint any place for holding courts as they may think proper. Provided always, That the appointment of a place for holding courts, 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 prevented from attending by bad weather, or their being at the time out of the county; in such cases the appoint ment shall be postponed until some court day when a majority shall be present. The governor, 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. It shall be lawful for the sheriff of the said county of Fayette to collect and make distress for any public dues or officers fees, which shall remain unpaid by the inhabitants thereof at the time such division shall take place, and shall be | Court days. |
| accountable for the same in like manner as if this act had not been made. And that the court of the said county of Fayette 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, issue process, and award execution thereon. In all elections of a senator, the said county of Bourbon shall be of the same district with the said county of Fayette. | ||
| CHAP. XXXVIII. | ||
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| I. WHEREAS the act of assembly, passed in the year one thousand seven hundred and forty-five, intituled "An act for the better regulating and collecting certain officers fees, and other purposes therein mentioned," hath expired, and it is expedient and necessary that the same should be revived and amended: | Act of 1745, for regulating and collecting certain officers fees, revived and amended | |
| II. Be it therefore enacted, That the act, intituled, "An act for the better regulating and collecting certain officers fees, and other purposes therein mentioned," be revived, except so much thereof as relates tot he delivery, collecting, and recovery of the fees formerly payable to the secretary and surveyors, and shall continue, and be in force from and after the passing of this act, for and during the term of two years, and from thence to the end of the next session of assembly, and no longer. | ||
| III. And be it enacted, That all persons who now are, or shall hereafter become chargeable with any tobacco fees, for services mentioned in the said recited act, shall discharge the same in manner directed by the act of assembly passed in the year one thousand seven | Tobacco fees how payable in money. |
| hundred and eighty-one, intituled "An act for regulating tobacco fees, and fixing the allowance to sheriffs, witnesses, and venire-men." | |
| IV. And be it enacted, That the clerks of the high court of chancery, court of appeals, and general court, to whom the fees formerly allowed to the secretary, are now payable, shall deliver their tickets to the respective sheriffs annually, before the first day of May, and the sheriffs shall receive and collect the same, and shall distrain and make sale of the debtors slaves, goods, or chattels, for all such tickets as shall remain unpaid after the first day of July in any year. And if the said sheriffs shall fail to pay the said fees to the respective clerks, at their offices in Richmond, or such town or place as the treasury may be kept at, by the fifteenth day of September annually, abating ten per cent. for collecting, and making an allowance for insolvencies, and non-residents, having no estate within the county, which shall be accounted for on oath, the said clerks, or either of whom, upon motion made in the general court, or court of any county, in which the sheriff failing to make payment, as aforesaid, may be found, may demand judgment against him for all fees wherewith he shall be chargeable by this act; and such court respectively shall enter judgment accordingly, provided the sheriff have ten days notice of such motion; and that judgement may be obtained as aforesaid against any under sheriff who may fail to add the name of his principal to the receipt for such fees. | Fees of clerks of high court of chancery, court of appeals, and
general court when to be put into hands of sheriff. When sheriff to account. Commissions. Remedy, by motion. |
| V. And be it further enacted, That the executors or administrators of any such sheriff, or under sheriff, shall be liable to judgment, as aforesaid, for the fees received, to be collected by their testator or intestate, and accounted for. That every receipt for fees produced in evidence on any such motion, shall be deemed to be the act of the person subscribing it, unless he shall deny the same upon oath. That the clerks of the said courts may obtain judgments, as aforesaid, for all balances now due to them from any sheriff, or under sheriff, on account of fees heretofore put into their hands to be collected. | Executors & administrators of sheriffs liable. Receipt for fees, evidence |
| Pages 45-67
| Pages 93-117
|