Pages 583-602
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| Pages 583-602
| Pages 627-643
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| CHAP. LXIV. | ||
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| [Passed December 29, 1787.] | ||
| I. WHEREAS it hath been represented to this present general assembly that the trustees formerly appointed for the town of Boons'borough in the county of Madison, formerly Kentuckey, have refused to act, Be it therefore enacted, That Thomas Kennedy, Aaron Lewis, Robert Rhodes, Green Clay, Archibald Woods, Benjamin Bedford, John Sappington, William Irvine, David Crews, and Higgerson Grubbs, gentlemen, shall be, and they are hereby appointed trustees to the said town of Boons'borough, in the room of those heretofore appointed. | Act establishing town of Boons'borough, in Kentuckey, explained. | |
| II. And whereas doubts have arisen concerning the quantity of land vested in the trustees to the town aforesaid, Be it enacted that six hundred and forty acres of land, shall be, and the same are hereby vested in the trustees aforesaid, and their successors: seventy acres of which for the purpose of lots, and streets, and the remainder for a common, to be laid off, and appropriated in the same manner, and subject to the like orders and regulations that the act directs, establishing the town of Boones'borough. | ||
 CHAP. LXV. | ||
| ||
| [Passed November 6, 1787.] | ||
| I. Be it enacted by the General Assembly, That thirty acres of land lying at the mouth of Quantico creek, and on Potowmack river in the county of Prince | Town of Newport, in Prince William established. |
| William, the property of Cuthbert Bullitt, so soon as he shall lay off the same into lots of half an acre each, with convenient streets, be established a town, and called and known by the name of Newport; that Thomas Blackburne, Alexander Henderson, William Grayson, Thomas Montgomery, William Tebbs, Burr Harrison, Jesse Ewell, John M'Millian, and Ludwell Lee, gentlemen are hereby appointed trustees of the said town, who, or a majority of them, shall, from time to time, settle and determine all disputes concerning the bounds of the lots, and have power to establish such rules and orders, for the regular building of houses thereon, as to them shall seem best, and most convenient. In case of the death, removal out of the county, or other legal disability, of any one, or more of the said trustees, it shall be lawful for the remaining trustees, to elect others in their stead, who shall be vested with the same power and authority, as any one in this act particularly appointed. | ||
| II. And be it further enacted, That so soon as the purchasers of lots in the said town shall have built thereon a dwelling house twenty by sixteen feet, with a brick or stone chimney, such purchasers shall be entitled to, and have and enjoy, all the rights, privileges, and immunities, which the freeholders and inhabitants of other towns in this state, not incorporated, hold and enjoy. | ||
| CHAP. LXVI. | ||
| ||
| [Passed December 4, 1787.] | ||
| I. WHEREAS by a division of the county of Bedford, since the passing of the act intituled "An Act for appointing trustees to regulate the making of slopes for the passage of fish, in the mill dams, within the county | Act appointing trustees to regulate the making of slopes, for |
| of Bedford," the same cannot be carried into effect in the county of Camphell: For remedy whereof, II. Be it enacted by the general assembly, That Richard Stith, Thomas Moore, sen. Charles Cobbs, Thomas Jones jun. John Morris, Thomas Marshall, and Plummer Thurston, gentlemen, shall be, and they are hereby constituted trustees, and they, or a majority of them, are authorized and empowered to carry the said act into execution withing the said county of Campbell, in as full and ample a manner as the trustees named in the said act could or might do in the said county of Bedford. |
passage of fish in county of Bedford extended to county of Campbell. | |
| CHAP. LXVII. | ||
| ||
| [Passed November 2, 1787.] | ||
| I. BE it enacted by the General Assembly, That fifty acres of land lying in the county of Loudon, the property of Lewin Powell, so soon as he shall lay off the same into lots of half an acre each, with convenient streets, be established a town by the name of Middleburg; and Francis Peyton, William Bronaugh, William Heale, John Peyton Harrison, Burr Powell, Josias Clapham, and Richard Bland Lee, gentlemen, are hereby appointed trustees thereof, who, or a majority of them, are authorized to make such rules and orders for the regular building therein, as to them shall seem best, and most convenient. The said trustees, or a majority of them, shall have power from time to time to settle and determine all disputes concerning the bounds of the lots, and in case of the death, resignation, or removal out of the county, of any one or more of the said trustees, it shall be lawful for the remaining trustees to elect others in their stead, who shall be vested to all intents and purposes with the same power, as any other in this act particularly appointed. | Town of Middleburg, in Loudon county established. |
| II. And be it further enacted, That as soon as the purchasers or owners of lots within the said town, shall have built thereon a dwelling house sixteen feet square, with a brick or stone chimney, they shall respectively be entitled to, and have and enjoy all the rights, privileges, and immunities, which the freeholders and inhabitants of other towns in this state, not incorporated, hold and enjoy. | |
| CHAP. LXVIII. An act altering the court-day of the county of Charles city. [Passed December 4, 1787.] | |
| I. BE it enacted by the General Assembly, That from and after the first day of February next, a court for the county of Charles city, shall be held on the third Thursday in every month, any law to the contrary notwithstanding. | Court day of Charles city county altered: |
| CHAP. LXIX. An act for altering the court-day of the county of Halifax. [Passed November 20, 1787.] | |
| I. BE it enacted by the General Assembly, That from and after the first day of February next, a court for the county of Halifax, shall be held on the fourth Monday in every month, any law to the contrary thereof notwithstanding. | Court day of Halifax county altered. |
| CHAP. LXX. | ||
| ||
| [Passed November 22, 1787.] | ||
| I. WHEREAS it hath been represented to the present general assembly, that David Gerrard hath laid off one hundred lots with convenient streets in the county of Berkeley, and hath made application that the same may be established a town. Be it therefore enacted, that the said one hundred lots and streets so laid off by the said David Gerrard, shall be established a town by the name of Middletown; that William Hanskaw, James Hair, John Gray, Gilbert M'Kown, and Robert Allen, gentlemen, are hereby constituted trustees thereof, and they, or the major part of them, are authorized to make such rules and orders for the regular building therein, as to them shall seem best and most convenient, and have full power to settle and determine from time to time, all disputes concerning the bounds of the said lots. In case of the death, resignation, or removal out of the county of any one or more of the said trustees, such vacancy shall be supplied by the remaining trustees, and the person or persons so chosen shall be vested with the same power and authority as any one in this act particularly named. | Town of Middletown in Berkeley county established. | |
| II. And be it further enacted, That so soon as the purchasers or owners of lots in the said town shall have built thereon a dwelling house sixteen feet square, with a brick or stone chimney, such purchasers or owners shall be entitled to, and have and enjoy all the rights, privileges and immunities, which the freeholders and inhabitants of other towns in this state not incorporated hold and enjoy. |
| CHAP. LXXI. | ||
| ||
| [Passed November 20, 1787.] | ||
| I. BE it enacted by the General Assembly, That eighty acres of land at the mouth of Lawrence's creek, on the river Ohio, the property of Ignatius Mitchell, shall be, and the same are hereby vested in John Grant, Charles Smith, jun. Thomas Warren, Miles Withers Conway, Henry Lee, John Machir, and Robert Rankin, gentlemen, trustees to be by them, or any four of them, laid out into lots of half an acre each, with convenient streets, and shall be established a town by the name of Charlestown. So soon as the said eighty acres of land shall be laid off into lots and streets, the said trustees or the major part of them, shall proceed to sell the lots at public auction for the best price that can be had, the time and place of which sale shall be previously advertised for two months, at the door of the courthouse of the county of Bourbon. The purchasers of the said lots respectively, shall hold the same, subject to the condition of building on each, a dwelling house sixteen feet square at the least, with a brick or stone chimney, to be finished fit for habitation, within three years from the day of sale. The said trustees or the major part of them, shall convey the said lots to the purchasers in fee, subject to the condition aforesaid, and shall pay the money arising from the sale thereof, to the said Ignatius Mitchell, or his legal representatives. The said trustees, or a majority of them, shall have power from time to time, to settle and determine all disputes concerning the bounds of the said lots, and to make such regulations for the regular building of houses thereon, as to them shall seem most proper. In case of the death, removal out of the county, or other disability of any of the said trustees, it shall be lawful for the others to supply such vacancy; and the persons so chosen shall have the same powers as if they had been named in this act. The purchasers of the lots when they shall have built upon them according | Town of Charleston, in Bourbon county, Kentuckey, established. |
| to the conditions of their deeds, shall have the same rights, privileges, and immunities, that the inhabitants of the other towns not incorporated hold and injoy. If the purchaser of any lot shall fail to built thereon according to the condition of his deed, the said trustees or a major part of them, may thereupon enter into such lot, and sell the same again, and apply the money arising therefrom, in any manner for the benefit of the said town. | |
| CHAP. LXXII. An act to amend the charter of the borough of Norfolk. [Passed December 7, 1787.] | |
| I. WHEREAS the mode of electing common-councilmen for the borough of Norfolk, as fixed by the charter, is judged impolitic, and unconstitutional, Be it therefore enacted by the general assembly, that on the twenty fourth day of June next ,or if that shall happen on a Sunday, then the day following, all and every of the common-councilmen of the said borough of Norfolk, shall be displaced, and that on the same day, the freeholders and inhabitants within the said borough, qualified by law to vote for a delegate to represent the said borough, and also on the same day, of the said month, in every third year thereafter, shall meet at the place where the court of the said borough hath been, or shall be usually held, and then and there elect sixteen fit and able men, being freeholders and inhabitants of the said borough, to serve as common-councilmen within the same for three years; of which election, ten days previous notice shall be given by the mayor, recorder, or senior alderman, for the time being, who shall preside at, and be the judge of the qualifications of the voters at such elections. A majority of the common councilmen so chosen, shall be a sufficient number to proceed to business, and they shall before they enteron the execution of their office, take the oath | Charter of borough of Norfolk amended. |
| (or affirmation) of fidelity to the commonwealth, and moreover take the following oath, or affirmation: "I −−−− do solemnly swear (or affirm as the case may be) that I will faithfully, impartially, and justly, perform the duty of my office, as common-council-man of the borough of Norfolk, according to the best of my skill and judgment. So help me God." Which oath or affirmation, the mayor, recorder, or either of the aldermen, are hereby authorised to administer and grant a certificate of the same to the person or persons so qualified, which certificate shall be lodged with the clerk of the borough of Norfolk, and by him entered of record on the books of the said common-council. −− All intermediate vacancies in the common-council, shall be supplied in like manner on any day which the mayor, recorder, or senior alderman, as the case may be, shall appoint, previous notice thereof being given as aforesaid; and the person or persons so chosen, shall continue in office until the next general election. −− The common councilmen, when chosen, shall elect one of their body to preside at their meetings, who shall have power to convene the said common-council when necessary. And in case of the death, resignation, or removal of the common-councilman so chosen to preside: it shall be lawful for the mayor, recorder, or senior alderman, as the case may be, to convene the common-council for the purpose of electing one of their body to supply such vacancy. The sole and exclusive right of passing bye-laws, and taxing the free-holders and inhabitants of the said borough, together with the appropriation of all monies belonging to the same, is hereby vested in the common-council. All taxes within the said borough shall be equal and uniform, and for the sole purpose of regulating the police of the same. All vacancies in the court of hustings shall be supplied by the governor, with advice of the council, on recommendations of the said court, from the members of the common-council, or from among the citizens of the said borough, who shall have the qualifications prescribed by this act for the members of the common council. The election of the mayor is hereby declared to be vested in the court of aldermen. So much of the charter of the borough of Norfolk, and of all and every act or acts of assembly, as is contrary to the intent and meaning of this act, is hereby repealed. |
| CHAP. LXXIII. | ||
| ||
| [Passed December 13, 1787.] | ||
| I. WHEREAS Joseph Mayo of the county of Henrico, lately deceased, by his last will land testament in writing, bearing date the twenty seventh day of May one thousand seven hundred and eighty, and duly proved and recorded in the general court on the tenth day of October one thousand seven hundred and eighty five, did amongst other things therein contained, make the following bequest. "It is my most earnest request that the gentlemen who shall be named and appointed executors of this my last will, petition the general assembly for leave to set free all and every one of the slaves of which I may die possessed, on account of their services to me whilst alive, and I intreat my said executors to leave nothing undone which may be requisite for obtaining the manumission of the said slaves of which I may die possessed." | Emancipation of slaves of Joseph Mayo, by his will, confirmed. | |
| II. And whereas it appears to this present general assembly just and proper, that the benevolent intentions of the said Joseph Mayo shall be carried into effect, under such limitations and restrictions, as will guard the rights of all persons having claims upon the estate of the said Mayo either as creditors or legatees under his will: Be it therefore enacted, that Paul Carrington, Miles Selden, and Joseph Carrington, Esquires, are hereby constituted and appointed trustees to carry into effect the aforesaid bequest, for emancipating all such slaves as the said Joseph Mayo died possessed of, and all the increase of the said slaves since his death, subject to the direction and controul of the high court of chancery; who are hereby authorized and required to make all such orders and decrees as may from time to time, to the said court seem just and reasonable, for carrying the said bequest into full effect, having regard to the payment of all debts due by |
| the said Joseph Mayo, and the legacies devised by him, if any such devisees there be, which ought in the opinion of the court [to] be complied with, prior to the emancipation of such slaves and to raise such a sum of money from the labour of the said slaves, as will, in the opinion of the court, be sufficient to provide for the maintenance and support of all such slaves belonging to the said Mayo's estate, as from their tender years or from advanced age or infirmities, may be deemed incapable of providing for themselves or in danger of becoming chargeable to the community: And in case of the death, refusal, or disability to act, of any of the aforesaid trustees, it shall and may be lawful for the said high court of chancery to appoint one or more trustees, in the room of him or them so dying, refusing or disabled. And the said high court of chancery shall have full power and authority to make all other rules, orders, and decrees, respecting the management of the said slaves: and as soon as, in the opinion of the said court sufficient provision shall be made for payment of the debts and legacies with which the said estate is chargeable, and sufficient provision for the support of those slaves who from age or infirmities may be able to maintain themselves, then it shall and may be lawful for the said high court of chancery to make such order or decree as to them may seem proper for emancipating the aforesaid slaves, and shall cause to be delivered to such slave so emancipated, or to the trustees appointed agreeably to this act, a certificate of the emancipation of every such slave, who shall after such order or decree and certificate being issued agreeably thereto, be fully emancipated, and entitled to all privileges to which other free negroes and mulattoes are by law intitled, in as full a manner as if they or each of them were specially named in this act. Provided nevertheless, that at any time before the said high court of chancery shall make their final decree for the emancipation of the said slaves, it shall be lawful for any creditor or legatee of the said Joseph Mayo, deceased, to institute and maintain any action either in law or equity, for the recovery of any such debt, or legacy, in like manner as if this act had never beeo [been] passed. Provided also and be it further enacted, that nothing in this act contained shall be construed to affect the right or interest of any devisee or devisees |
| claiming under the will of the said Joseph Mayo; deceased, as to any other estate or interest whatsoever devised by the said will. | ||
| CHAP. LXXIV. | ||
| ||
| [Passed December 12, 1787.] | ||
| I. WHEREAS it has been represented to the present general assembly that Charles Moorman, deceased, late of the county of Louisa, did, on the twenty eighth day of May, in the year one thousand seven hundred and seventy eight, by deeds under his hand and seal, release unto thirty three slaves, then his absolute property, all the right, title, or interest, which he had to the persons of the said slaves, or to any property they might acquire, such emancipation and right to property, to take effect immediately, where the said slaves were of full age, and where the males were under twenty one, and the females under the age of eighteen years, to take effect when they should respectively attain to those ages. | Emancipation of slaves of Charles Moorman, by his will, confirmed. | |
| II. And whereas the said Charles Moorman, did by his last will and testament, bearing date the second day of September, in the year of our Lord one thousand seven hundred and seventy eight, which has been duly proved, and recorded in the court of Louisa county, make the following bequests to wit: "Item, I lend to my said son Robert the labour of the five following slaves, viz: Phyllis, (Toby's daughter) Judy, John, (Toby's son) Easter, and Rachel; the males until they attain to the age of eighteen years, and then after that time, it is my will and desire, that the said five slaves and their increase, shall forever hereafter be discharged to all intents and purposes from slavery, or the service of any person whatsoever, and that the said |
| slaves and their increase, shall enjoy all the benefit of freedom in the same manner as if they had been freeborn. Item, I lend to my son Thomas the labour of the four following negro slaves, viz: Lucy, Hannah, Tom, and Adam, in manner as followeth: the three last named under the same limitations, and to be made free in the same manner as the five slaves lent to my son Robert; my will is that the first named Lucy shall remain with her mother till she is of age, or as long as her mother lives, and that whoever shall keep her, shall pay reasonable wages to my son Thomas, until her mothers death, then she is to be under the same limits as the others to my son Thomas, to be made free at the age of eighteen years. Item, I lend to my son James the labour of the four following negro slaves, viz. George, Sary, Amy, and Nelly, under the same limitations, and to be made free in the same manner as the slaves lent to my son Robert. Item, I lend to my aforesaid beloved wife Mary, the five following negro slaves, viz. Morris, John (Rachel's son) Phyllis, Jean, and Aggy and that she have the benefit of their labours during her natural life, and after her decease, the said negroes to enjoy their freedom as above mentioned, they and their heirs forever, to all intents and purposes. Item, I lend to my daughter Agnes Venable, one negro girl slave, named Letty, under the same limits, and to be made free in the same manner as the slaves lent to my son Robert. Item, I lend to my daughter Elizabeth Johnston, one negro girl named Peg, under the same limitation, and to be made free in the same manner as the salves lent to my son Robert. Item, I lend to my daughter Mary Taylor, one negro girl named Milly, under the same limitation, and to be made free in the same manner as the slaves lent to my son Robert, and also one negro girl named Mima, in the same manner, and to be made free as above. Item, it is my will and desire that the slaves hereafter named, viz. Jack, Allen, Rachel, Dinah, Hannah, Sarah, Toby, Lett, Beck, Venus, and Annis, in consideration of their faithful services be immediately free, and enjoy all the benefits thereof as persons born free. In case the laws of the land will not admit of such freedom, that then the said last mentioned slaves and their increase be equally divided among my other legatees, or their legal representatives. Item, it is my will and |
| desire, and I hereby leave it as my particular instruction to my executors, as soon as may be, to make application to the general assembly of this commonwealth, for an at to confirm the freedom hereby intended to be given to all the slaves above mentioned, and in case such an act cannot be obtained, that then my legatees keep possession of their respective loans and their increase, to descend to them and their heirs or assigns forever. Reserving nevertheless a right for all the above-mentioned slaves to claim the benefit of this my last will and testament if ever hereafter it should be lawful for them so to do. | |
| III. And whereas it is just and right that the benevolent intentions of the said Charles Moorman, deceased, towards his said slaves should be carried into effect, Be it therefore enacted by the General Assembly, That the following slaves mentioned in the said bequests to wit: Adam, Annis, Milly, Beck, Dinah, Sarah, Venus, Allen, and Rachel, who are between the ages of twenty one, and forty five years, shall be, and they are hereby emancipated and set free, to all intents and purposes, in like manner as if they had been born free. | |
| IV. And be it further enacted, That the following slaves mentioned in the bequests to wit: Morris, John (Rachel's son) Phyllis, Jane, and Aggy, (who were devised to the widow of the said Charles Moorman, deceased, during her life, and who hath since departed this life) shall be, and they are hereby emancipated and set free to all intents and purposes, in like manner as if they had been born free. | |
| V. And be it further enacted, That the following slaves mentioned in the said bequests to wit: George, Amy, Nelly, Phyllis, John, Tom, Lucy, Sarah, Hannah, Easter, Lett, Peg, Judy, and Fanny, who are under the age of twenty one years; shall respectively be emancipated and set free to all intents and purposes, in like manner as if they had been born free; the males when they arrive at the age of twenty one years, and the females when they arrive at the age of eighteen years. | |
| VI. And be it further enacted, That the following slaves mentioned in the said bequests to wit: Toby, Lett, Hannah, Jack, and Rachel, who are above the age of forty five years (so soon as Christopher Johnston; |
| executor of the said Charles Moorman, deceased, or any other person, shall in the courts of the counties in which the said slaves respectively reside, enter into bond with approved security, payable to the justices then sitting, and their successors, with condition that the said slaves shall not become chargeable to the public) shall be emancipated and set free to all intents and purposes, in like manner as if they had been born free. The increase of the slaves by this act emancipated, shall have and enjoy all the benefits of freedom as fully as if they had been born free. The increase of such of the said slaves as are by this act to be emancipated at any future period, shall have and enjoy all the benefits of freedom from the time that the emancipation of their parents shall take place. Saving to all and every person or persons, bodies politic and corporate, (other than those claiming under the will of the said Charles Moorman) all such right, title, and interest, which he or they might have had in case this act had never been made. | ||
| CHAP. LXXVII. | ||
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| [Passed the 7th of November, 1787.] | ||
| I. WHEREAS John Fitch, of the state of Pennsylvania, hath represented to the present general assembly, that he hath constructed an easy and expeditious method of impelling boats through water by the force of fire or steam, and hath made application for the sole and exclusive right of making and navigating all boats impelled by the force of fire or steam within this state, for a limited time. Be it therefore enacted by the General Assembly of the commonwealth of Virginia, That the said John Fitch, his heirs, executors, administrators, | Exclusive privilege granted to John Fitch, to navigate steam boats, for a limited time. |
| and assigns, are hereby vested with the sole and exclusive right and privilege of constructing, and navigating, every species of boats or water craft, which may be impelled through the water by the force of fire or steam, in the bays, rivers and creeks within the territory and jurisdiction of this state, for and during the term of fourteen years, from and after the end of the present session of general assembly. If any person or persons, other than the said John Fitch, his heirs, executors, administrators, or assigns, shall construct, use, employ, or navigate, any boat, or water-craft, which shall be impelled through the water by the force of fire or steam, within the territory of this state, every person or persons so offending shall forfeit and pay to the said John Fitch, his heirs, executors, administrators, or assigns, the sum of one hundred pounds, for each boat so constructed, used, or navigated; to be recovered by action of debt in any court of record within this commonwealth, with costs of suit, and shall moreover forfeit to the said John Fitch, his heirs, or assigns, every such boat or water craft, together with the steam-engine, and all appurtenances, to be recovered, with costs of suit, in any court of record within this state. | |
| II. Provided nevertheless, That this act shall be void at the expiration of three years from its commencement, unless the said John Fitch shall then have in use, in some river of this commonwealth, boats or craft of at least twenty tons burthen each, constructed and navigated as above described. | |
| CHAP. LXXVIII. | |
| [Passed the 14th of December, 1787.] | |
| I. WHEREAS it hath been represented that the directors of the pubic buildings in the city of Richmond have appropriated for the use of the public, certain | Directors of public buildings, authorised to convey |
| lands within the said city the property of Philip Turpin, part whereof are since found by the said directors to be unnecessary for the said purpose; and the said Philip Turpin, hath made application to the present general assembly to authorise and require the said directors, in behalf of the commonwealth, to convey and release to him so much of the said lands as they may judge unnecessary for public use; Be it therefore enacted, That the said directors, or a majority of them, shall, and they are hereby authorised and required to execute a deed for conveying and releasing to the said Philip Turpin, and his heirs, all the right, title, and interest, af this commonwealth, in, and to so much of the lands, so appropriated, as the said directors shall judge unnecessary for public use. | certain lots in Richmond, to Philip Turpin. | |
| II. And be it further enacted, That the directors shall cause the lands deemed unnecessary for public use, previous to the execution of a deed for the same, to be valued by a jury, in like manner as is directed by law for lands taken and appropriated for the use of the public, within the said city, and shall return such valuation to the court of the county of Henrico, there to be recorded: Provided that the jury, in estimating the value of the said land, shall have regard to its comparative value with the other lands, and their former appraised value. | ||
| CHAP. LXXIX. | ||
| ||
I. WHEREAS it is represented to the present general assembly that John Hoomes hath undertaken to keep up and continue a line of stages for the purpose of conveying persons and baggage between Alexandria and Fredericksburg, and between Fredericksburg and |
Exclusive privilege granted to John Hoomes to carry persons in stage-carriages, for a limited time. |
| Richmond and Hampton, which will be of considerable public convenience and utility: therefore it is reasonable that the said John Hoomes should possess, for a time, any emoluments arising therefrom, Be it therefore enacted, That the said John Hoomes shall have the sole and exclusive right of conveying for hire, persons in stage-carriages between Alexandria and Fredericksburg, and between Fredericksburg and Richmond and Hampton, and to and from any intermediate place or places, for and during the term of three years; and shall and may demand and take for each passenger three pence three farthings per mile, and three pence three farthings per mile for every hundred and fifty pounds weight of baggage exceeding fourteen pounds, conveyed in any of the said stage-carriages. If the said John Holmes, by himself, or any other, shall demand, or receive, any greater rates than are hereby allowed, he shall forfeit and pay the sum of twenty pounds, to be recovered with costs by an action of debt, bill, plaint, or information, in any court of record, to the use of the party injured. If any person or persons, other than the said John Hoomes, his agents, or servants, establish, or run, any stage-carriages between either of the before mentioned places, or any intermediate place or places, and demand, or take, directly, or indirectly, any fee, or reward, whatsoever, for conveying any person, or persons, or their baggage, in a stage-carriage, or carriages, between either of the above mentioned places, or any intermediate place, during the term aforesaid, he, or they, so offending, shall forfeit and pay for every stage so run or established, the sum of one hundred pounds, and for every person, or one hundred and fifty pounds, and for every person, or one hundred and fifty pounds of baggage, by him, or them, so conveyed, the sum of one hundred pounds, to be recovered, with costs, by an action of debt, bill, plaint, or information, in any court of record, to the use of the said John Hoomes. The said John Hoomes shall, on or before the first day of May next, enter into bond, with sufficient security, in the general court, or in the court of the counties of Caroline or Henrico, in the sum of one thousand pounds, payable to the governor, and his successors, for the use of the commonwealth, with condition for the due and faithful keeping up the said line of stages for and during the term aforesaid. |
| CHAP. LXXX. | ||
| ||
| [Passed December the 18th, 1787.] | ||
| I. WHEREAS the main run of Chickahominy-Swamp hath been by law established as the boundary-line between the counties of Henrico and Hanover, which, from various causes, if formed into a variety of streams, so that the main run cannot at this time be ascertained with precision; Be it therefore enacted by the General Assembly, That the courts of the said counties who shall act upon oath, and they, or a majority of them, are hereby empowered and required to proceed to chop a line of marked trees, to begin at the place where the New Kent line corners on the swamp, and run up the said swamp to the place where a bridge formerly stood, commonly called and known by the name of Winston's bridge, opposite the land late the property of Peter Winston, deceased. | Boundary line between counties of Henrico and Hanover, established. | |
| II. The said commissioners, in making the said line, shall have regard to the original main run of the said swamp, where the same can be ascertained, except where there are disputes existing respecting the main run, or suits already commenced by persons owning lands adjacent to the said main run, they shall in every such instance chop a line in such manner as may appear most convenient, without having regard to any run whatsoever. | ||
| III. The said commissioners shall call in some county surveyors who shall act under their directions in running the aforesaid line; and may also, for their information, require the attendance of any person or persons who are, or have been, acquainted with the said swamp, or the runs thereof. | ||
| IV. And in case of the death, refusal or other inability of one or more of the commissioners to act, the |
| said county courts, or either of them, are hereby required to appoint another, or others, as the case may be. | ||
| V. The commissioners appointed as aforesaid, shall make report on their proceedings to the court of each of the said counties, on or before the first day of November one thousand seven hundred and eighty eight, which report shall be recorded therein; and the line so marked by them, shall thereafter be the boundary between the said counties of Henrico and Hanover, for the sole purpose of ascertaining the jurisdiction thereof. | ||
| VI. The said commissioners shall be allowed ample compensation for their trouble, which, with every other expence of marking the said line, shall be levied on the tithable persons in each county, in proportion to their respective numbers. | ||
| VII. And be it further enacted, That nothing herein contained shall be construed to affect the title of any person or persons to lands on the said swamp. | ||
| CHAP. LXXXI. | ||
| ||
| [Passed the 13th of December 1787.] | ||
| I. BE it enacted by the General Assembly, That from and after the passing of this act the court of hustings, in the town of Petersburg, shall have cognizance of all causes, either in law or equity, which shall be instituted therein for any debt, or contract, hereafter made, or entered into, where both the parties are resident within the limits of the said town; and also of all presentments, informations, or suits, which shall be made, preferred, or instituted therein for a breach of any penal statute, or act of assembly, or any bye-law, or ordinance of the common-hall: And that the serjeant of the said court of hustings shall summon twenty | Charter of Petersburg amended. |
| four freeholders to attend the court to be held for the said town, in the months of March, May, August, and November annually, out of which number fifteen, at the least, shall be sworn as a grand jury, with power to inquire into, and make presentments of, all breaches of penal laws committed within the limits of the said town, in like manner as the grand juries for the respective counties may now by law do. | |
| II. Whenever the common-hall of the said town shall judge it necessary to purchase any lot or parcel of land for the use of the said town; to erect or repair any public buildings; to build or repair any wharf; to make any causeway; to sink common sewers or drains; to repair any street or road; to appoint watchmen, or to fix lamps to light the town, they shall appoint a day for the meeting of the electors qualified by law, to vote for members of the common-hall, and give two weeks previous notice of the time and place of such meeting, by publication in the gazette of the said town, or otherwise, advertising the same in the most public places therein: | |
| III. If two thirds of the electors qualified as aforesaid shall meet the mayor, recorder, or eldest alderman, and a majority of them agree to adopt the measure proposed by the common hall, it shall thereafter be lawful for the common-hall to raise a sum of money sufficient for that purpose, in like manner, as is directed for carrying into effect the other powers vested in the common-hall. | |
| IV. If two thirds of the said electors should not attend at the first appointment, the business shall be postponed, from time to time, until two-thirds shall attend. Provided always, that nothing herein contained shall be deemed or taken to prevent, or restrain, the common-hall from imposing and levying a tax, within the said town, not exceeding the sum of one hundred pounds, in any one year, for the purposes within mentioned, or such of them as they shall think necessary. | |
| V. Two additional aldermen, as well as common councilmen, shall hereafter be chosen at each annual election. | |
| VI. And whereas the persons elected common-councilmen in the month of September last, for the corporation of Petersburg, refused to qualify; and the former hall undertook to appoint other members in their stead, |
| which is supposed to be contrary to the spirit and intention of the act for incorporating the said town, Be it therefore enacted. That the present members of the said hall are hereby displaced, and sixteen members shall be elected, on the first Wednesday in January next in like manner, as is directed and prescribed for the annual elections. | ||
| VII. The members so elected shall continue in office until the day appointed for the annual elections. Provided always, That no inhabitant of the said town, unless he be a citizen of this commonwealth, shall have right to vote for members of the common-hall. | ||
| VIII. Provided always, and be it further enacted, That the powers of the serjeant of the said town shall not extend to the execution of any process except such as shall be issued by the authority of the said town: nor to the collection of any taxes but those imposed by the common-hall; any law, custom, or usage to the contrary, notwithstanding. | ||
| IX. So much of the act for incorporating the said town of Petersburg, as comes within the purview and meaning of this act, is hereby repealed. | ||
| CHAP. LXXXII. | ||
| ||
| [Passed the 19th of December 1787.] | ||
| I. WHEREAS it is represented that Richard Towns and John Woolfolk have laid out and expended a considerable sum of money in the purchase of carriages and horses, for the purpose of conveying persons and baggage between Richmond and Petersburg, and between Petersburg and Portsmouth, which will be productive of considerable public convenience | Exclusive privilege granted to Richard Towns and John Woolfolk, to convey persons in stage-carriages. |
| and utility: And whereas the said Towns and Woolfolk have undertaken to keep up and continue the said line of stages as aforesaid in a proper and sufficient manner, therefore it is reasonable that they should possess for a time, any emoluments resulting therefrom: Be it therefore enacted by the General Assembly, that the said Richard Towns and John Woolfolk, shall have the sole and exclusive right of conveying for hire, persons in stage carriages between Richmond and Petersburg, and between Petersburg and Norfolk by the way of Suffolk, and to and from any intermediate place or places, for and during the term of three years; and shall and may demand and take for each passenger three pence three farthings per mile, and three pence three farthings per mile for every hundred and fifty pounds weight of baggage exceeding fourteen pounds, conveyed in any of the said state carriages. | |
| II. If the said Richard Towns and John Woolfolk, by themselves, or any other, shall demand or receive any greater rates than are hereby allowed, he or they shall forfeit and pay the sum of twenty pounds, to be recovered with costs by action of debt, bill, plaint, or information, in any court of record, to the use of the party injured. | |
| III. If any person or persons, other than the said Richard Towns and John Woolfolk, their agents or servants, establish or run any stage-carriages between either of the before mentioned places, or any intermediate place or places, and demand or take, directly or indirectly, any fee or reward whatsoever for conveying any person or persons, or their baggage, in a stage-carriage or carriages, between either of the before mentioned places, or any intermediate place or places, during the term aforesaid, he or they so offending, shall forfeit and pay, for every stage so run or established, the sum of one hundred pounds, and for every person, or one hundred and fifty pounds of baggage, by him or them so conveyed: the sum of ten pound, to be recovered, with costs, by action of debt, bill, plaint, or information, in any court of record, to the use of the said Richard Towns and John Woolfolk. | |
| IV. And if the said Richard Towns and John Woolfolk shall undertake to carry any passenger or baggage to any of the places herein mentioned, or any |
| part of such distance, and shall fail to do so, either by such stage breaking down, the horses tiring, or by any other means, they shall refund whatever they may have received, or forfeit what they might be entitled to receive for such service. | |
| V. The said Richard Towns and John Woolfolk shall, on or before the first day of May next, enter into bond, with sufficient security, in the general court, or in the court of the counties of Chesterfield or Prince George, in the sum of one thousand pounds, payable to the governor and his successors, for the use of the commonwealth, with condition for the due and faithful keeping up the said line of stages for and during the term aforesaid. | |
| CHAP. LXXXIII. An act for establishing a town in the county of Hampshire. [Passed December the 12th, 1787.] | |
| I. BE it enacted by the General Assembly, That twenty acres of land, in the county of Hampshire, late the property of Joseph Watson, deceased, shall be and they are hereby vested in Elias Poston, Henry Fry, Isaac Hawk, Jacob Hoover, John Winterton, Valentine Swisher, Rudulph Bumgarner, Paul M'Keever, John Sherman Woodcock, and Isaac Zane, gentlemen, trustees, to be by them, or a majority of them, laid off into lots of half an acre each, with convenient streets, and established a town by the name of Watson. | Town of Watson, in Hampshire established. |
| II. So soon as the said land shall be so laid off the trustees, or a majority of them, shall proceed to sell the lots at public auction for the best price that can be had, the time and place of which sale being previously advertised at the court-house of the said county, on three successive court-days, and convey the said lots to the purchasers, in fee, subject to the condition of building on each a dwelling-house sixteen feet square, with a brick or stone chimney, to be finished fit for |
| habitation within three years from the day of sale, and retain the money arising from the sale of the said lots, until the title of the said land shall be ascertained by judgment of a court, and immediately thereafter pay the money to the person or persons to whom they shall be adjudged. | |
| III. If the title to the said lands shall not be controverted within six years from the passing of this act, the said trustees shall then pay the money to the legal representatives of the said Joseph Watson, deceased. | |
| IV. The said trustees, or a majority of them, shall have power, from time to time, to settle and determine all disputes concerning the bounds of the said lots, and to establish such rules for the regular building of houses thereon, as, to them, shall seem best. | |
| V. In case of the death, removal out of the county, or other legal disability, of any one, or more, of the said trustees, it shall be lawful for the remaining trustees to elect others in their room, and the persons so chosen shall have the same power and authority as any other in this act particularly appointed. | |
| VI. The purchasers of lots in the said town, so soon as they shall have built upon and saved the same according to the conditions of their respective deeds of conveyance, shall be entitled to and have and enjoy all the rights, privileges, and immunities, which the freeholders and inhabitants of other towns, in this state, not incorporated, hold and enjoy. | |
| VII. If the purchaser of any lot shall fail to build thereon within the time before limited, the said trustees, or a majority of them, may thereupon enter into such lot and sell the same again, and apply the money for the benefit of the inhabitants of the said town. | |
| VIII. The said trustees shall lay off the said lots and streets as contiguous to that part of the said land from whence the water issues, supposed efficacious in certain disorders, as the situation will admit of; and shall also lay off half an acre of land (to include the said spring) the length of which shall extend down the stream and be double the width: which half acres so laid off shall be, and the same is, hereby vested in the said trustees, and their successors, in trust, to and for the use of such persons as may resort thereto. |
| Pages 583-602
| Pages 627-643
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