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| CHAP. XVII. | ||
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| [Passed the 15th of November, 1788.] | ||
| I. BE it enacted by the General Assembly, That forty acres of land, whereon William Crow now lives, lying at his ferry on the south side of James river, in the county of Botetourt, shall be, and they are hereby, vested in Archibald Stuart, George Hancock, Thomas Rowland, John Wood, Henry Bowyer, Patrick Lockhart, and Matthew Wilson, gentlemen, trustees to be by them, or a majority of them, laid out into lots of half an acre each, with convenient streets, and established a town, by the name of Crowsville. | Town of Crowsville in Botetourt county established. | |
| II. So soon as the said forty acres of land shall be so laid off into lots and streets, the said trustees, or a majority of them, shall proceed to sell the same, at public auction, for the best price that can be had, the time and place of which sale to be previously advertised for six months in the Virginia Gazette, and at the courthouse of the said county; the purchasers to hold the said lots respectively subject to the condition of building on each a dwelling-house sixteen feet square at least, with a brick or stone chimney, to be finished fit for habitation within three years from the day of sale; and the said trustees, or a majority of them, shall convey the said lots to the purchasers in fee, and the money arising from the sale of the said lots, shall remain in the hands of the said trustees, subject to the discharge of a mortgage made by the said William Crow, of the aforesaid lands, to certain British subjects. | ||
| III. 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 and orders for the regular building of houses thereon, as to them shall seem best; and 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 |
| choose others in the room of those so dead, or disabled, and the persons so chosen shall, to all intents and purposes, be vested with the same power and authority, as any one in this act particularly appointed. | |
| IV. 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 then 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. | |
| V. If the purchasers 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. | |
 CHAP. XVIII. An act for incorporating an academy, in the county of Nelson. [Passed the 15th of November, 1788.] | |
| I. WHEREAS it is represented to this present general assembly, That many persons would make considerable donations to the seminary of learning at the place called Baird's town, in the county of Nelson, was a law to pass for incorporating the same: Be it therefore enacted, That from and after the passing of this act, the said seminary shall obtain the name of Salem academy, and that John Caldwell, Andrew Hynes, Isaac Morrison, Tarah Templin, Matthew Walton, John Steele, Philp Philips, Walter Beall, George Harrison, James Baird, Joseph Barnett, James Morrison, James Allen, Cuthbert Harrison, and William Taylor, gentlemen, be, and they are hereby, constituted, a body politic and corporate, by the name of the trustees of Salem academy, and shall have perpetual succession and a common seal, and shall have power and capacity to purchase, receive, and possess lands and tenements, | Salem academy, at Baird's town, Nelson county, Kentucky, established. |
| goods and chattels, either in fee or any lesser estate therein, and the same to grant, let, sell, or assign, and to plead or be impleaded, prosecute and defend, all causes in law or equity. | ||
| II. The said trustees, or a majority of them, when assembled, shall have power to make such bye-laws and ordinances, as they shall think best for the good government of the said academy, and to perform and do any ting respecting the property vested therein: Provided such bye-laws and ordinances shall not be contrary to the laws and constitution of this commonwealth. | ||
| III. They shall choose a president and secretary out of their own body; and in case of vacancy by death, or otherwise, of any one or more of the said trustees, the same shall be supplied by a majority of the remaining trustees. | ||
| CHAP. XIX. | ||
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| [Passed the 18th of November, 1788.] | ||
| I. Be it enacted by the General Assembly, That an inspection of tobacco shall be, and the same is hereby, established on the lands of Isaac Ruddle, at the confluence of Stoner's and Hinkson's forks of Licking creek, in the county of Bourbon, to be called and known by the name of Ruddle's warehouse. | Ruddle's warehouse in Bourbon county established. | |
| II. And be it further enacted, That it shall not be lawful for the said Isaac Ruddle, or any other person, to build any dwelling-house, or other house, in which fire shall be at any time used, within fifty yards of the said warehouse. | ||
| III. There shall be allowed and paid annually to each of the inspectors, at the said warehouse, the sum of thirty pounds for their salary. Provided always, that if the quantity of tobacco inspected at the said |
| warehouse, shall not be sufficient to pay the usual charges, and the inspectors salaries, the deficiency shall not be paid by the public. | ||
| IV. The court of the county of Bourbon, shall, as soon as the said warehouses are built, nominate four persons to execute the office of inspectors at the said warehouses, two of whom shall be commissioned as inspectors, and a third as additional inspector, in like manner as the inspectors at other warehouses within this commonwealth. The said inspectors shall enter into the same bonds, be subject to the penalties, and in all respects be governed by the rules and regulations prescribed by the laws now in force for regulating the inspection of tobacco, and the exportation thereof. | ||
| CHAP. XX. | ||
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| [Passed the 21st of November, 1788.] | ||
| I. WHEREAS the law authorizing the register of the land office, to receive into his office plats and certificates of surveys that have been or shall be made, will expire on the last day of December, one thousand seven hundred and eighty-eight, and it is represented to this general assembly that many persons through unavoidable accidents have been prevented from returning their plats and certificates aforesaid, to the register of the land office, whereby their lands may be forfeited: For remedy whereof, Be it enacted by the General Assembly, That the further time of two years, after the passing of this act, shall be allowed for returning the same, 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 | Further time allowed to survey entries on the western waters. |
| not be considered as forfeited, or liable to forfeiture, on that account. | ||
| II. And whereas by an act passed in the year, one thousand seven hundred and eighty-six, intituled "An act for reviving, continuing, and amending an act, to revive and amend in part an act for giving further time to enter certificates for settlement rights, and for locating warrants upon pre-emption rights, and for other purposes," the owners of entries and surveys on the eastern waters were required to survey the said entries and return the said surveys on or before the first day of October, one thousand seven hundred and eighty-eight, and it is expedient that a further time should be allowed them to comply with the requisitions of the said act: Be it therefore enacted by the General Assembly, That so much of the said recited act, as relates to the entries and surveys of lands on the eastern waters, shall continue and be in force until the thirty-first day of December, one thousand seven hundred and ninety. | ||
| CHAP. XXI. | ||
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| [Passed the 21st of November, 1788.] | ||
| I. WHEREAS the act passed in the year of our Lord, one thousand seven hundred and eighty-five, intituled "An act to repeal an act, intituled an act concerning entries and surveys on the western waters, and for other purposes," directed that owners of entries on the western waters should appoint agents or attornies in each county where such entries were made, and notify such appointments to the principal surveyor of the county, by the first day of February, one thousand seven hundred and eighty-seven, and declared that on failure thereof such entries should be void. | Further time allowed to survey entries for land on the western waters. |
| II. And whereas by an act passed in the year of our Lord, one thousand seven hundred and eighty-six, it was declared that no entry should be forfeited under the above recited ct, for and during the term of two years, which will expire during the present session of assembly, and it is expedient that the same should be further continued: Be it therefore enacted by the General Assembly, That the further time of two years, shall be allowed to the owners of entries on the western waters to comply with the requisitions of the above recited act, during which time no entry shall be forfeited. | ||
| CHAP. XXII. | ||
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| [Passed the 21st of November, 1788.] | ||
| I. BE it enacted by the General Assembly, That the court for the county of Madison, shall, from and after the first day of February next, be held on the first Tuesday in every month; any law to the contrary notwithstanding. | Court day of Madison, and quarter session of Pendleton altered. | |
| II. And be it further enacted, That the court of quarter session for the county of Pendleton, heretofore held in the month of November, shall, from and after the first day of May next, be held in the month of December annually; any law to the contrary notwithstanding. |
| CHAP. XXIII. | ||
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| [Passed the 21st of November, 1788.] | ||
| BE it enacted, That so much of an act, intituled "An act directing the trial of slaves committing capital crimes, and for the more effectual punishing conspiracies and insurrections of them, and for the better government of negroes, mulattoes, and Indians, bond or free," as declares, that "Where any slave shall happen to die by reason of any stroke or blow during his or her correction, by his or her owner, or by reason of any accidental blow whatsoever given by such owner, no person concerned in such correction or accidental homicide, shall be liable to any prosecution, or punishment for the same, unless upon examination before the county court, it shall be proved by the oath at least of one lawful and credible witness, that such slave was killed wilfully, maliciously, or designedly; and no person indicted for the murder of a slave, and upon trial found guilty of man-slaughter only, shall incur any forfeiture or punishment for such offence or misfortune;" shall be, and the same is hereby repealed. | Act, declaring the killing of a slave, by correction, to be manslaughter only, repealed. | |
| CHAP. XXIV. | ||
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WHEREAS it was represented to the general assembly, in the year of our Lord, one thousand seven |
Act vesting certain escheatable property in the children of Wm. Short repealed. |
| hundred and eighty-two, that a certain George Ker had died intestate, possessed of sundry slaves, which had become escheatable to the commonwealth, the heir at law of the said George Ker having, previous to the late war, removed himself to some part of the British dominions, and not having then returned; in consequence whereof the said George Ker, died possessed, in the children of William Short, deceased. And whereas Edward Ker, junior, the heir at law of the said George Ker, deceased, has lately returned to this commonwealth, and it is just that the above-mentioned act should be repealed, that the said Edward Ker, junior, may be at full liberty to prosecute his right to the slaves therein mentioned: Be it therefore enacted by the General Assembly, That the act passed in the year of our Lord, one thousand seven hundred and eighty two, intituled "An act to vest certain escheatable property in the children of William Short, decease," shall be, and the same is hereby repealed. | |
| CHAP. XXV. An act establishing a town on the lands of David Ross, at the Point of Fork, [Passed the 25th of November, 1788.] | |
| I. BE it enacted by the General Assembly, That one hundred and fifty acres of land, at the confluence of the Fluvanna and Rivanna rivers, commonly called the Point of Fork, the property of David Ross, shall be, and they are hereby vested in Thomas Pleasants, senior, Thomas Fleming Bates, Robert Lewis, senior, George Thompson, Tunstall Quarles, Samuel Richardson, and Duncan M'Lauchlan, gentlemen, trustees, to be by them, or any four of them, laid off into lots, with convenient streets, and shall be established a town by the name of Columbia. | Town of Columbia at Point of Fork, in Fluvanna county established. |
| II. So soon as the said one hundred and fifty acres of land shall be so laid off into lots and streets, the said trustees, or a major part of them, shall proceed to sell the lots, at public auctions, on terms to be prescribed by the proprietor, for the best price that can be had, the time and place of which sale shall be previously advertised for two months at the doors of the court-houses of Fluvanna and Goochland counties. 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 four years from the day of sale. The said trustess, or a major part of them, shall convey the said lots to the purchasers in fee-simple, subject to the condition aforesaid, and shall pay the money or bonds arising from the sale thereof, to the said David Ross, or his legal representatives. | |
| III. The said trustees, or a major part of them, shall have power to settle and determine from time to time, 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. | |
| IV. In case of the death, removal out of the counties of Goochland or Fluvanna, 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 power and authority, as those named in this act. | |
| V. The purchasers of the lots, when they shall have built upon the same, according to the conditions of their deeds, shall have the same rights, privileges, and immunities, that the inhabitants of other towns withing this commonwealth, not incorporated, hold and enjoy. | |
| VI. If the purchaser of any lot shall fail to build thereon, according to the condition of his deed, the 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 such manner as shall appear most advantageous to the said town. Provided always, That nothing herein contained, shall be construed or taken to give the said trustees a power to dispose of such lots of the said one hundred and fifty acres, as have been laid out and built upon by the present proprietor. |
| CHAP. XXVI. | ||
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| [Passed the 27th of November, 1788.] | ||
| I. BE it enacted by the General Assembly, That fifty acres of land, lying on the south side of the mouth of Quantico creek, and on Potowmack river, in the county of Prince William, the property of Willoughby Tebbs, 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 Carrborough. That Cuthbert Bullit, William Carr, John Hedges, Spence Grayson, John Linton, William Linton, William Grayson, Burr Harrison, and John Cannon, gentlemen, are hereby constituted 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. | Town of Carrborough, in Prince William county established. | |
| II. 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. | ||
| III. And be it further enacted, That so soon as the purchasers of lots in the said town shall have built thereon a dwelling house sixteen by twelve feet, 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. XXVII. An act for incorporating an academy, in the county of Fauquir. [Passed the 28th of November, 1788.] | |
| I. FOR incorporating the academy at or near the courthouse, in the county of Fauquier, Be it enacted by the General Assembly, That William Edmonds, Martin Picket, Francis Whiting, Elias Edmonds, Edwards Digges, Thomas Digges, Gustavus Browne Horner, William Picket, Humphrey Brooke, and William Stuart, gentlemen, and those hereafter to be elected, and their successors for every, are hereby made and constituted a body corporate and politic, by the name of the trustees of Warren academy. They shall have power and capacity to purchase, receive, and possess lands and tenements, goods and chattels, either in fee or any lesser estate therein, and the same to grant, sell, or assign, and to plead and be impleaded, prosecute and defend, all causes in law or equity. | Warren academy in Fauquier incorporated. |
| II. The said trustees, or a majority of them, when assembled, shall have power to make such bye-laws and ordinances, as they shall think best for the good government of the said academy, and to perform and do any act respecting the property vested therein: Provided such bye-laws and ordinances shall not be inconsistent with the laws and constitution of this commonwealth. | |
| III. They shall choose a president and secretary out of their own body; and in case of vacancy, by death or otherwise, of any one or more of the said trustees, the same shall be supplied by a majority of the remaining trustees. | |
| IV. And be it further enacted, That the lands conveyed to the former trustees of the said academy, by Richard Henry Lee, Esquire, shall be vested in the trustees appointed by this act, as effectually as if such conveyance had been executed and made to them after the passing of this act. |
| CHAP. XXVIII. An act amending the act to prevent malicious maiming and wounding. [Passed the 29th of November, 1788.] | ||
| I: WHEREAS it hath been doubted, whether since the revolution, the offences enumerated in the act, intituled, "An act to prevent malicious maiming and wounding," can be committed upon or against any citizen of this commonwealth; Be it therefore enacted, that any person guilty of any of the said offences, upon or against any person whatsoever, within the commonwealth, shall be, and is hereby, declared to be a felon, and shall suffer as in case of felony. But no attainder of such felony shall cause any corruption of blood, or forfeiture of estate whatsoever. | Malicious maiming and wounding, defined. | |
| II. So much of the said act, as comes within the purview of this, is hereby repealed. | ||
| CHAP. XXIX. | ||
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| I. WHEREAS it has been represented to the present general assembly, that the purchasers of lots in the town of Lewisburg, in the county of Greenbrier, have been prevented by unavoidable accidents from building upon their lots, according to the conditions of their deeds, and it is judged expedient that a farther time should be allowed them for that purpose: Be it therefore enacted by the General Assembly, That the farther time of two years, from and after the passing of this act, shall be allowed to the purchasers of lots in | Further time allowed to improve lots, in towns of Lewisburg, Stevensburg, and Kinsale. |
| the said town of Lewisburg, to build upon the same, within which time no such lot shall be forfeited for any failure to comply with the conditions expressed in the deeds before mentioned. | |
| II. And be it further enacted, That the farther time of three years, from and after the passing of this act, shall be, and is hereby, allowed the proprietors of lots in the towns of Kinsale, in the county of Westmoreland, and Stevensburg, in the county of Culpeper; to build upon and save the same; any law to the contrary notwithstanding. | |
| CHAP. XXX. An act for selling part of a lot in the town of Lexington, and county of Rockbridge. [Passed the 6th of December, 1788.] | |
| BE it enacted, That the trustees of the town of Lexington, in the county of Rockbridge, or a majority of them, shall, as soon as may be, sell at public auction, for the best price that can be had, such a part of the lot in the said town, whereon the courthouse is erected, as to them shall seem most proper, convey the same to the purchaser or purchasers in fee, and apply the money arising from the sale thereof, as the court of the said county shall direct, towards lessening the levy of their county. Provided always, that it shall not be lawful for the said trustees to sell that part of the said lot whereon the courthouse is erected, nor more than one moiety of the said lot. | Part of lot on which court house stands, in town of Lexington, Rockbridge county, may be sold. |
| CHAP. XXXI. An act prescribing the mode of advertising estrays on the western waters. [Passed the 6th of December, 1788.] | |
| I. BE it enacted by the General Assembly, That from and after the first day of February next, estrays taken up in the district of Kentucky, shall be advertised in the Kentucky Gazette, in the same manner as estrays are directed to be advertised in the Virginia Gazette. | Estrays on western waters, how advertised. |
| II. Provided always, and be it further enacted, That if more than one estray shall be described in an advertisement, the clerks of the county courts in the said district, and the printer thereof, shall not demand more than one shilling for every such additional estray. | |
| III. All persons shall have access to the estray-book, without paying any fee therefor; any law to the contrary notwithstanding. | |
| CHAP. XXXII. An act concerning incestuous marriages. [Passed the 8th of December, 1788.] | |
| I. BE it enacted by the General Assembly, That if any person whatsoever shall hereafter marry within the following degrees, that is to say: If the son shall marry his mother or step-mother, the brother his sister, the father his daughter or his son's daughter, or his daughter's daughter, or if the son shall marry the daughter of his father, begotten and born of his step-mother, or the son shall marry his aunt, bing his father's or mother's sister, or marry his uncle's wife, or | Incestuous marriages within certain degrees of consanguinity prohibited. |
| the father shall marry his son's wife, or the brother shall marry his brother's wife, or any man shall marry his wife's daughter, or his wife's son's daughter, or his wife's daughter's daughter, or his wife's sister, every person or persons so unlawfully married, shall be separated by the definitive sentence or judgment of the high court of chancery; and the attorney general, upon any information made to him, of any such marriage, shall and may exhibit a bill to the judges of the said court against any persons so unlawfully married, who shall be compelled upon oath to answer the same; and upon such bill and answer, and the depositions of witnesses, where the same shall be necessary, the said court shall and may proceed to give judgment, and to declare the nullity of such marriage, and moreover may punish the parties by fine: and, if the court see fit, may cause the parties so separated, to give bond with sufficient surety, that they will not hereafter cohabit, in such penalty as the said court shall judge reasonable. Provided always, That no punishment by fine shall be imposed on any person until the same shall have been assessed by a jury duly impannelled at the bar of the said court. All the fines imposed by virtue of this act shall be to the use of the poor of the county wherein the offence or offences shall be committed. Provided always, That nothing herein contained shall be construed to render illegitimate the issue of any marriage so annulled. | Trial by jury. Issue legitimate. | |
| II. So much of all and every act or acts, as relates to incestuous marriages or copulations, shall be, and the same is hereby repealed. | ||
| CHAP. XXXIII. | ||
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| WHEREAS it hath been represented to the present general assembly, that Robert Gilbert, departed this |
Escheatable lands of Robert Gilbert, vested in trustees |
| life, in the year one thousand seven hundred and eighty six, intestate, and without heirs, leaving a personal estate, not sufficient for the payment of his debts, and possessed of a tract of land in the county of Jefferson, which has become escheatable to the commonwealth, and it is more agreeable to the principles of justice that the said land should be applied to the discharge of the debts of the said Robert Gilbert, and the support of his widow, than that the public should be benefited thereby; Be it therefore enacted by the General Assembly, That all the right and interest which the commonwealth now hath to the said tract of land, so lying and being in the county of Jefferson, as aforesaid, and granted to the said Robert Gilbert, by patent bearing date the tenth day of July, one thousand seven hundred and eighty-six, or which may hereafter be established therein by an office to be found, shall be, and the same is hereby, vested in John Beckley, John Hopkins, and Thomas Williams, trustees, or the survivor of them. When the right of the commonwealth to the said land shall be fully established agreeably to the directions of the act, intituled, "An act concerning escheators" the said trustees, or the survivor of them, shall, when required by David Lambert, surviving administrator of the said Robert Gilbert, deceased, or by any other person who may hereafter become the administrator of the estate of the said Robert Gilbert, or by Sarah Gilbert, widow and relict of the said Robert Gilbert, or her legal representatives, sell the said tract of land for the best price that can be gotten. One-third of the purchase money shall be paid by the said trustees to the said Sarah Gilbert, or her legal representatives, and the other two-thirds shall be paid to the administrator of the goods and chattels of the said Robert Gilbert deceased, to be applied by him in a due course of administration to the discharge of the debts of the said Robert Gilbert, deceased. And in case there should be any surplus, after paying such debts, the same shall by the said administrator, be paid into the public treasury. | for benefit of his widow and payment of his debts. |
| CHAP. XXXIV. An act for the punishment of the crime of bigamy. [Passed the 8th of December, 1788.] | |
| WHEREAS it hath been doubted, whether bigamy or poligamy be punishable by the laws of this commonwealth; Be it enacted by the General Assembly, that if any person or persons within this commonwealth, being married, or who shall hereafter marry, do at any time after the first day of February, which shall be in the year of our Lord, one thousand seven hundred and eighty-nine, marry any person or persons, the former husband or wife, being alive, that then every such offence shall be felony, and the person or persons, so offending, shall suffer death as in cases of felony: And the party and parties so offending, shall receive such and like proceeding, trial and execution, within this commonwealth, as if the offence had been committed in the county where such person or persons shall be taken or apprehended. Provided, that nothing herein contained shall extend to any person or persons whose husband or wife shall be continually remaining beyond the seas by the space of seven years together, or whose husband or wife shall absent him or herself, the one from the other, by the space of seven years together, in any part within the United States of America or elsewhere, the one of them not knowing the other to be living within that time. Provided also, that nothing herein contained shall extend to any person, or persons, that are, or shall be, at the time of such marriage, divorced by lawful authority; or to any person or persons, where the former marriage hath been, or hereafter shall be by lawful authority, declared to be void, and of no effect; nor to any person, or persons, for or by reason of any marriage had or made, or hereafter to be had or made, within age of consent: Provided also, that no attainder for the offence made felony by this act, shall make, or work any corruption of blood, or forfeiture of estate whatsoever. | Bigamy defined and punished. |
| CHAP. XXXV. | ||
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| [Passed the 9th of December, 1788.] | ||
| I. WHEREAS John Price Posey, hath been convicted and attainted of arson, and it is contrary to the lenity, which a republican government ought in such cases to observe towards its citizens, that the escheat and forfeiture of estate, incident thereto by law, should be enforced against a family already oppressed by misfortune, and more particularly against his wife, from whose patrimony such estate hath principally, if not wholly, arisen. Be it therefore enacted by the General Assembly, That all right, title, interest claim, and demand, which now exists in the commonwealth, or upon any office hereafter to be found, shall be established therein, to the estate of the said John Price Posey, deceased; shall pass, descend, and vest, in and to, the same person, or persons, and be subject to all, and every claim, and claims, in law and equity, of all and every person, and persons whatsoever, in the same manner, as if no conviction or attainder of the said John Price Posey had taken place. | Escheat and forfeiture of estate of John Price Posey, convicted of arson, released. | |
| CHAP. XXXVI. An act to amend the act intituled, An act to regulate the inspection of flour. | ||
| I. WHEREAS the mode of recovering the penalties imposed by an act of the last session of the general assembly, intituled "An act to regulate the inspection of flour and bread," is attended with great delay, and |
Penalties under the law regulating the inspection of flour, how recoverable. |
| many persons are thereby prevented from suing for the same: Be it therefore enacted by the General Assembly, That where the penalties and forfeitures are over the sum of twenty five shillings, and do not exceed five pounds, the same shall be recoverable by petition in the same manner, as is by law directed in case of petitions for the like sum of money: And where the penalty incurred shall exceed the sum of five pounds, the prosecutor may sue for the same, in the court of the county, or corporation, where the defendant resides, or where the offence was committed. The prosecutor may make oath before a justice of the peace, of the nature of the action, and that he verily believes the defendant hath incurred the penalty and forfeiture thereby demanded, which the clerk, upon a certificate thereof to him produced, shall indorse upon the back of the writ, and thereupon the defendant shall be ruled to give special bail. So much of the said recited act, or any other act of assembly, as comes within the purview of this act, shall be, and the same is, hereby repealed. | ||
| CHAP. XXXVII. | ||
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| [Passed the 10th of December 1788.] | ||
| I. WHEREAS Roscow Cole Bingham, deceased, was in his lifetime seized in fee-simple, under the will of his father Stephen Bingham, of a certain tract of land, lying, and being, in the county of King William: And it is represented to this present general assembly, that the said Roscow Cole Bingham, departed this life under age, intestate, and without leaving any person capable by law, of inheriting the said land, and that Stephen Bingham, would, but for the impediment of half blood, have been the heir of the said Roscow Cole Bingham, and it is not reasonable that | Escheat of estate of Roscow Cole Bingham, for defect of blood, released. |
| the commonwealth should derive benefit from a principle of escheat, inconsistent with the genius of republican government: Be it enacted by the General Assembly, That all the right, title, interest, claim, and demand, which now exists in the commonwealth, or upon any office, hereafter to be found, shall be established therein, shall pass, descend, and vest, in and to, the same person, or persons, and in the same manner, as if no defect of heritable blood had taken place; saving however to all persons, and bodies, politic, and corporate, other than those claiming under the commonwealth, all legal or equitable rights, which they might have asserted to the said land, if no defect of heritable blood had taken place. | ||
| CHAP. XXXVIII. | ||
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| [Passed the 8th of December, 1788.] | ||
| I. WHEREAS the good people of this commonwealth in convention assembled did, on the twenty fifth day of June last, ratify a constitution for the government of the United States of America, the operations of which will soon commence; | Disqualification of officers under the federal government, to hold under this commonwealth. | |
| II. And whereas it is judged expedient and necessary, that all those who shall be employed in the administration of the said government, ought to be disqualified from holding, or administering any office, or place whatsoever, under the government of this commonwealth: Be it therefore enacted by the General Assembly, That the members of the congress of the United States, and all persons who shall hold any legislative, executive, or judicial office, or other lucrative office whatsoever, under the authority of the United States, shall be ineligible to, and incapable of holding |
| any seat in either house of the general assembly, or any legislative, executive, or judicial office, or other lucrative office whatsoever, under, under, the government of this commonwealth: Provided nevertheless, That such disqualification shall not extend to militia officers, or the magistrates of county courts. | ||
| CHAP. XXXIX. | ||
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| [Passed the 11th of December, 1788.] | ||
| I. BE it enacted by the General Assembly, That an inspection of tobacco shall be, and the same is hereby established on the lots of Cuthbert Bullitt, gentleman, in the town of Newport, and county of Prince William, numbered twenty nine, thirty, thirty one, and thirty two, in the plot of the said town (the proprietor being willing to build convenient and proper houses for the reception of tobacco, at his own expence) and shall be called and known by the name of Bullitt's warehouse. There shall be allowed and paid annually to each of the inspectors at the said warehouse, the sum of fifty pounds for their salary. The appointment of inspectors and all other regulations respecting the said warehouse shall be the same as directed by law for other inspections and not contrary to his act. If the quantity of tobacco inspected at the said warehouse shall not be sufficient to pay the usual charges and inspectors salaries, the deficiency shall not be paid by the public. The said Cuthbert Bullit, shall, on or before the first day of May next, give bond, with sufficient security, in the court of the said county of Prince William, in the penalty of two thousand pounds, payable to the governor, for the time being, and his successors, for the use of the commonwealth, with condition that he will not build nor suffer to be built, any house with a fire place therein, on his lots or lands, within one hundred yards of the said warehouse. | Inspection of tobacco, in town of Newport, in Prince William county established. |
| CHAP. XL. An act for altering the times of holding the courts in the county of Henry. [Passed the 13th of December, 1788.] | ||
| I. BE it enacted by the General Assembly, That from and after the thirty first day of January next, a court for the county of Henry shall be held by the justices thereof, on the last Monday in every month, and that a court of quarter-sessions shall be held for the said county in each of the months of February, April, July, and October, in every year, instead of the months heretofore appointed for that purpose; any law to the contrary thereof, notwithstanding. | Court day of Henry county altered. | |
| CHAP. XLI. | ||
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| [Passed the 13th of December 1788.] | ||
| I. BE it enacted, That from and after the first day of February next, a court of hustings for the town of Fredericksburg, shall be held on the fourth Friday in every month, instead of the day heretofore appointed by law. | Court days of town of Fredericksburg and county of Sussex altered. | |
| II. And be it further enacted, That from and after the said first day of February next, a court for the county of Sussex, shall be held on the first Thursday in every month, instead of the day heretofore appointed by law. |
| CHAP. XLII. An act concerning the militia. [Passed the 15th of December, 1788.] | |
| I. BE it enacted by the General Assembly, That each of the militia in the several counties on the western waters, shall keep always ready a good musket or rifle, half a pound of good powder, and one pound of lead, to be produced whenever called for by his commanding officer, or be fined at the discretion of a court martial, in any sum not exceeding ten shillings for each neglect: unless he be so poor as to be unable to furnish the same, in which case the former regulations established by the act of the October session, in one thousand seven hundred and eighty five concerning poor soldiers, shall be in force. | Militia on western waters how armed. |
| II. And be it further enacted, That regimental musters shall in future be substituted in lieu of general musters. It shall be lawful for any court martial to remit any fine assessed at the last court of enquiry, and assessment of fines held for the county, if to them it shall appear just and reasonable, and where any person shall have paid such fine, it shall be repaid by order of such court. | Regimental musters substituted for general musters. |
| III. And whereas by the act passed at the October session of the general assembly, one thousand seven hundred and eighty-seven, intituled "An act to amend the several acts respecting the militia;" the governor, with advice of council, was authorised to issue commissions for officers to a troop of cavalry, to be raised and annexed to every regiment of militia, which commissions will become void, unless the troops are compleated within twelve months from the date thereof, and it appears that a further time should be allowed to the officers to compleat the said troops; Be it therefore enacted, That the further time of twelve months from the passing of this act, shall be allowed for compleating the said troops, until the expiration of which time, none of the commissions aforesaid, shall become void. So much of every act as comes within the purview of this act, is hereby repealed. | Further time allowed to complete troops of cavalry. |
| CHAP. XLIII. An act for opening and improving the navigation of Mattapony river. [Passed the 15th of December, 1788.] | |
| I. WHEREAS it is represented to the general assembly, that the opening, improving, and extending the navigation of Mattapony river, to the highest part practicable, will be of public utility, and that many persons are willing to subscribe considerable sums of money for effecting the same: Be it therefore enacted, That Edmund Pendleton, William Nelson, John Baylor, Edmund Pendleton, jun. John Hoomes, John Page, Mungo Roy, John Taylor, Francis Corbin, Benjamin Temple, Larkin Smith, Anderson Scott, Anthony New, and Lawrence Battaile, be, and they are hereby constituted and appointed trustees, for clearing, improving and extending the navigation of the said river, from Todd's bridge, in the counties of King William and King and Queen, as far up the same as they may judge it practicable, so far as to have a sufficient depth and width of water to navigate boats, batteaus, or canoes, capable of carrying four hogsheads of tobacco; and they are authorized to take and receive subscriptions for that purpose. Any person neglecting or refusing to pay the money by him subscribed for the purposes of this act, it shall be lawful for the trustees to recover the same by warrant before a single magistrate, where the subscription doth not exceed twenty five shillings, and where it exceeds that sum, by motion in the court of the county where the person resides, provided he has ten days previous notice of such motion. The said trustees or a majority of them, shall as soon as may be, proceed to view the said river, and ascertain as nearly as they can, the highest part capable of navigation according to this act, and to contract and agree with any person, or persons, for clearing and improving the navigation of the said river, in such manner as the said trustees shall judge proper, and to remove all obstructions which in any manner injure the said navigation. The said trustees or a majority of them, shall | Provision for opening and improving the navigation of Mattapony river. |
| have power to nominate and appoint, from time to time, one or more of their number, to be receiver or receivers of all money subscribed by virtue of this act, who shall give bond with sufficient security in the penalty of one thousand pounds, in the court of the county where he or they respectively reside, payable to the said trustees and their successors, for the time being, with condition that he or they, his or their heirs, executors, or administrator, at all times when required, will truly and faithfully account for all sums of money that shall come to his or their hands for the purposes of this act, and pay the same to such person or persons as the said trustees or a majority of them shall order and direct. | |
| II. And whereas it may be necessary in some parts of the said river to straighten the same, by cutting away the bank or by a canal, and also to erect houses on the banks of the said river for the use of toll gatherers. | |
| III. Be it therefore enacted, That it shall and may be lawful for the said trustees, or a majority of them, to agree with the owners of any land through which the said canal is intended to pass, or on which any house shall be thought necessary to be erected for the purchase thereof, and in case of disagreement, or in case the owner thereof shall be a feme-convert, under age, non-compos, or out of the state, the like proceedings shall be had to estimate the value thereof by a jury, as are directed and prescribed by the act intituled "An act for opening and extending the navigation of Potowmack river," and such valuation shall be paid by the trustees to the owner of the said land, or his or her legal representative, and on payment thereof, the said land shall thenceforth be vested in the said trustees and their successors in fee, for the purpose of this act. The aid trustees and their successors, or a majority of them, shall have power and authority to agree with any person or persons to cut such canals, and erect any works they may think necessary, for opening, improving, and extending the navigation of the said river, and out of the money arising from the subscriptions and tolls hereafter given, to pay for the same, and to repair and keep in order the said canals and other works, and to defray all incidental charges, and to appoint such toll-gatherers, managers, and servants, as |
| they shall judge requisite, and to agree for and settle their respective wages or allowances, and settle and pass their accounts, and to make and establish such rules of proceeding, and to transact all other business for the purpose of carrying this act into execution. | |
| IV. And be it further enacted, That for and in consideration of the expence the subscribers will be at, not only in cutting canals or other labour for opening and extending the navigation of the said river, but in maintaining and keeping the same in repair, it shall and may be lawful for the said trustees and their successors at all times hereafter, to demand and receive at such place or places upon the said river, as they may think most convenient, for all commodities transported up or down the same, tolls not exceeding those imposed by the act intituled "An act for opening and extending the navigation of Potowmack river;" and in case any person shall refuse or neglect to pay the tolls at the time of offering to pass the place appointed for the payment thereof, and previous to the vessels passing the same, the collectors of the said tolls may lawfully refuse passage to such vessel, and if any vessel shall pass without paying the said toll, then the said collectors may seize such vessel wherever found, and sell the same at auction, for ready money, which so far as is necessary, shall be applied towards paying the said tolls, and all expences of seizure and sale, and the balance if any, shall be paid to the owner, and the person having the direction of such vessel, shall be liable for such toll if the same is not paid by sale of such vessel. | |
| V. The profits arising from the said tolls, together with the works erected for opening and improving the navigation of the said river, shall be, and the same are hereby vested in the said trustees, and their successors for ever; to, and for the use of the subscribers, and their heirs, as tenants in common, to be apportioned among them, according to the sums by them respectively subscribed and paid, and the same shall be deemed real estate, and be for ever exempted from payment of any tax, or imposition whatsoever. The said trustees, and their successors, shall be, and they are hereby declared to be incorporated, by the name and title of the Mattapony trustees; and may sue and be sued as such. In case of the death, removal, resignation, or incapacity of any of the said trustees, it shall be lawful |
| for the subscribers, or a majority of them, to elect other person, or persons, in the room of him or them, so dying, removing, or resigning; of the time and place for making such election, previous notice shall be given by advertisement, at the courthouse of the county of Caroline, on two successive court days by the said trustees. If a majority of the subscribers should fail to attend on the day appointed for electing a trustee, the vacancy shall be supplied by those who do attend. The subscribers may vote either in person, or by proxy. It shall and may be lawful for every subscriber to transfer his interest in the said canals, works, and tolls, in the same manner, and under the like conditions and exceptions, as are prescribed by the said recited act. If any landholder on the said river, being resident thereon, if not the tenant or overseer, shall suffer any tree to be felled from his land, or the land of which he is a tenant, or resides on as an overseer into the said river, and therein to remain the space of twenty four hours, at any time after the navigation of the said river hath become practicable, every such landholder, tenant, or overseer, shall forfeit and pay the sum of forty shillings, to be recovered with costs, by information in any court of record, to the use of the person suing for the same. So much of all and every act and acts, as comes within the meaning of this act, is hereby repealed. | ||
| CHAP. XLIV. | ||
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| [Passed the 16th of December, 1788.] | ||
| I. 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, as followeth: That is to say, from the land of John Chenowith, in | New ferries established and others discontinued. |
| the county of Hampshire, across Cape Capon river, to the land of James Largent, on the opposite shore, and from the land of the said James Largent, across Cape Capon river, to the land of the said John Chenowith, the price for a man four pence, and for a horse the same; from the land of Dudley Evans, across Monongalia river, to the land of Rice Bullock, on the opposite shore, the price for a man three pence, and for a horse the same; from the land of David Chambers, in the county of Ohio, across the Ohio river, to the opposite shore, the price for a man six pence, and for a horse the same; and from the land of Elias Poston, in the county of Hampshire, across Cape Capon river, to his land on the opposite shore, the price for a man four pence, and for a horse the same: And for the transportation of wheel-carriages, tobacco, cattle, and other beasts, at the places aforesaid, the ferry-keepers may demand and take the following rates, to wit: For every coach, chariot, or waggon, and the driver thereof, the same as for six horses; for every cart or four wheel chaise, and the driver, the same as for four horses; for every two wheel chaise or chair, as for two horses; for every hogshead of tobacco, as for one horse; for every head of neat cattle, as for one horse; for every sheep, goat, or lamb, one fifth part of the ferriage for one horse; and for every hog, one fifth part of the ferriage for every horse, and no more. | |
| II. If any ferry-keeper shall demand or receive any greater rates than is hereby allowed for the ferriage or carriage of any thing, he shall for every such offence, forfeit and pty 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. | |
| III. And be it further enacted, That the ferry heretofore established from the lands of Joseph Cabell, in the county of Buckingham, across Fluvanna river, to the lands of William Cabell, on the opposite shore, shall be, and the same is hereby discontinued. |
| Pages 644-674
| Pages 703-729
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