Pages 675-702
|  Pages 730-763
|
| Pages 675-702
| Pages 730-763
|
| CHAP. XLV. | ||
| ||
| [Passed the 16th of December, 1788.] | ||
| I. BE it enacted by the General Assembly, That no warrant of forcible entry and detainer, or of forcible detainer, shall hereafter be granted, unless upon the oath or affirmation of the party praying the same. | Practice in suing out writs of forcible entry and detainer, regulated. | |
| II. And be it further enacted, That the name, or names, of the person, or persons, so charged, shall be inserted in every such warrant; and the sheriff or other officer to whom the same shall be directed, shall give reasonable notice, of at least three days, to such person, or persons, of ht time and place of taking the inquisition. And no jury shall be sworn to enquire of any forcible entry or detainer, where such previous notice hath not been given. | ||
| III. And be it further enacted, That such justices, or justice of the peace, as by reason of any law now in force within this commonwealth, are authorised and enabled, upon enquiry, to give restitution, or possession, unto tenants of any estate of freehold, of their lands or tenements, which shall be entered upon with force; shall, by reason of such law, have the like and the same authority and ability from henceforth, upon indictment of such forcible entries, or such forcible withholding, before them duly found, to give like restitution of possession unto tenants for term of years, or tenants by elegit of lands or tenements by them so holden, which shall be entered upon by force, or holden from them by force. |
| CHAP. XLVI. | ||
| ||
| [Passed the 3d of December, 1788.] | ||
| I. WHEREAS the judges, and other officers of the supreme court for the district of Kentucky, are subjected to many inconveniences, by being obliged to make personal applications to the clerks of the several courts of the district for the payment of the salaries accruing to them: For remedy thereof, Be it enacted by the general assembly, that the governor, with the advice of council, shall appoint and commission some person to be a receiver, who shall reside at or near the place of holding the said court, and on entering into bond, payable to the governor or his successors, for the use of the commonwealth, and with sufficient security, to be approved of by the said court, in the sum of five thousand pounds, conditioned for the faithful discharge of his trust, shall be vested with the joint power and authority which the public auditor and treasurer are now by law possessed of, for settling with the said clerks and giving them receipts for all public monies for which they are accountable by law, and also the power of the solicitor, to move the said supreme court for judgment and execution against such of them as shall be delinquent. | Act establishing district court on western waters, further amended. | |
| II. And be it further enacted. That the said receiver shall, at every session of the said court, render an account to the then sitting judges, of all the monies he shall have received in consequence of his appointment; out of which he shall be entitled to a commission of four per centum for his trouble, and the balance he shall pay on demand to the judges, and other officers of the said supreme court, in discharge of the salaries, or arrears of salaries, and stipends, which may be due to them, or either of them, upon producing to him such certificates thereof as are required by the act intituled, "An act to amend an act for establishing a district court on the western waters," taking receipts |
| thereon as the clerks in the said act are directed to take; which certificates, with a copy of his accounts, after having been examined, and attested to be true, by the said judges, he shall transmit, at least, annually, to the auditor of public accounts, and at the same time pay into the public treasury the surplus of this fund, or be liable to prosecution therefor, in the same manner, and be subject to the same penalties, as delinquent clerks of courts are liable to. Provided however, if it shall at any time appear to the said judges, that the fund in the hands of the said receiver, is inequate to the purposes for which it is allotted, they shall direct the said receiver to make a dividend thereof to each claimant, proportionate to the amount of the certificates they shall respectively produce to him; and the several balances that may then remain due to them, shall be certified by the said receiver, and countersigned by one of the said judges, on which the holder shall be entitled to payment out of the funds provided for the discharge of the salaries of the other civil officers of the state. | ||
| III. And be it further enacted, That the said judges are hereby authorised and empowered, to appoint a jailor, and make him such allowance for his services as they shall think reasonable, and also to make an allowance for the past services of the person who hath acted as jailor to the said court. | ||
| IV. So much of all and every act or acts of assembly, as comes within the purview of this act, shall be, and the same is hereby, repealed. | ||
 CHAP. XLVII. | ||
| ||
| [Passed the 17th of December, 1788.] | ||
| WHEREAS it has been represented to the present general assembly, that some doubts have arisen, whether the trustees appointed in the several parishes within this commonwealth, to take care of, and manage | Trustees of property of Protestant Episcopal church, how defined. |
| the property belonging to, the Protestant Episcopal church, have a power to act as successors to the former vestries in the management of the property vested in them for charitable and other purposes: Be it therefore enacted by the General Assembly, that the said trustees, and their successors, shall, to all intents and purposes, be considered as successors to the former vestries, and shall have the same power of holding and managing all the property formerly vested in them, whether for charitable purposes by private donation, or in trust for the use of individuals. | ||
| CHAP. XLVIII. | ||
| ||
| [Passed the 19th 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 Alexander and Peterfield Trent in the town of Manchester, distinguished in the plan of the said town by the numbers, "two hundred and nine," two hundred and ten," "two hundred and twenty-one," and "two hundred and twenty-two." The said Alexander and Peterfield Trent being willing to build proper warehouses for the reception of tobacco, at their own expence, to be called and known by the name of Trent's warehouse. | Trent's warehouse in Manchester established. | |
| II. There shall be allowed and paid annually, to each of the inspectors at the said warehouse, the sum of sixty pounds for their salary. | ||
| III. The appointment of inspectors, and all other regulations respecting the said warehouse, shall be the same as directed by law for other inspections. | ||
| IV. Provided always, and be it further enacted, That the warehouses hereby directed to be established shall |
| be built of brick or stone, and covered with slate or tile, with gates of iron; and that no tobacco shall be received for inspection at the said warehouse, nor any inspectors appointed for the same, until the court of Chesterfield county shall be of opinion, and enter the same of record, that the proprietors have built the said warehouses according to the directions of this act, and that they are sufficient to contain at least two-thirds of the tobacco that may be brought to the said inspection in any one year. | |
| V. If the quantity of tobacco inspected at the said warehouses shall not be sufficient to pay the usual charges and inspectors salaries, the deficiency shall not be paid by the public. | |
| CHAP. XLIX. An act for preventing impositions in the collection of taxes. [Passed the 22d of December, 1788.] | |
| I. WHEREAS the frequent impositions which have been practised on the citizens of this commonwealth, in the collection of the taxes, have rendered it necessary to confine the payment thereof to specie, and warrants equivalent thereto, but such an arrangement cannot be made without reducing the amount of the said taxes, in proportion to the losses sustained by the public, by receiving tobacco at prices exceeding the real value: Be it enacted by the General Assembly, that all taxes which became due under any law of revenue, whether on lands, slaves, or other property, on the first day of November, in the year one thousand seven hundred and eighty-eight, and all taxes which have arisen, or shall arise, after that day, under the act, intituled, "An act imposing new taxes," shall be reduced one-third below the amount of all such taxes, as fixed by the laws aforesaid, or any of them. And all sheriffs, collectors, clerks, and public officers, are required to demand and receive two-thirds of the amount of the | Taxes reduced one third, and payable in specie and warrants. |
| said taxes respectively, and no more; and where more than two-thirds hath been received, to restore the surplus thereof to the person or persons entitled thereto. Provided, that nothing herein contained, shall be construed to extend to duties on imports and exports; to the taxes imposed by an act, intituled, "An act to explain and amend the act to levy certain taxes in aid of the public revenue;" to the fees of the register's office; or to any tax on tobacco, billiard tables, or ordinary licences. no distress shall be made for any tax which became due on the first day of November, one thousand seven hundred and eighty-eight, until the first of May, one thousand seven hundred and eighty-nine. −− The said taxes shall be accounted for, and paid, in the same manner, and under the same penalties, as the laws aforesaid prescribe, except that the revenue taxes may be accounted for and paid into the public treasury at any time before the first day of September, one thousand seven hundred and eighty-nine. | |
| CHAP. L. An act concerning the practise of attornies. [Passed the 24th of December, 1788.] | |
| I. BE it enacted by the General Assembly, That the attorney, who shall prosecute any suit in an inferior court, in which an appeal may be taken, shall not be suffered to appear or prosecute such appeal in any superior court, to which the same may be carried or removed; and any attorney, who shall appear to, or prosecute such appeal in any superior court, having been employed therein in the inferior court, shall forfeit the sum of twenty pounds, to be recovered with costs, by action of debt, or information, in any court of record within this commonwealth; the whole penalty to the use of the person who will sue or prosecute for the same. | Attornies prosecuting a suit in an inferior court, not to appear in appeal. |
| II. And be it further enacted, That the lawyers practising in the general court within the district of Kentucky, may demand and receive for any suit at common law, other than the actions hereafter mentioned, a fee of thirty shillings; for any chancery suit, or real, mixed, or personal action, where the title or bound of lands shall or may come in question, three pounds. | |
| III. Every lawyer within the said district, receiving or demanding any greater fee, or other reward, for any of the above services, shall forfeit and pay, twenty pounds for every offence; one half to the informer, and the other moiety to the use of the commonwealth, to be recovered with costs, by action of debt, or information, in any court of record; any law to the contrary thereof notwithstanding. | |
| CHAP. LI. An act to regulate surveyors fees in certain cases. [Passed the 25th of December, 1788.] | |
| WHEREAS it hath been represented to this present general assembly, that no particular mode hath been prescribed upon the division of any county within this commonwealth, for the surveyor of the new county to obtain the entries of lands within the same, in consequence of which many disputes have arisen: For remedy whereof, Be it enacted, That the surveyor, or surveyors, of any county or counties, from which a new county hath been taken during the present session of assembly, or hereafter shall be taken, shall, within one month after such division takes place, make out, and on application, deliver to the surveyor of the new county, attested copies of all entries made upon lands within such new county, on his books, and not surveyed, together with the warrants upon which they were founded; for which service he shall receive three pence for every such attested copy, paid by the surveyor of the new county, upon receipt of said attested copies. And | Duty of surveyors, on division of counties, as to entries for land. |
| in case any surveyor shall neglect or refuse to make out, or to deliver, such attested copies of entries, within the time aforesaid, or at the expiration of said time, upon the application of the surveyor of the new county, he shall forfeit, and pay, the sum of fifty pounds, to be recovered by action of debt, or information, in any court of record, by any person who will sue for the same; any law to the contrary notwithstanding. | |
| CHAP. LII. An act concerning the election of members of the general assembly. [Passed the 25th of December, 1788.] | |
| I. WHEREAS the mode of contesting disputed elections hath heretofore been found to be attended with great inconvenience and delay by the General Assembly, That any person intending to contest the election of any person returned to serve as a senator or delegate, from any county, shall, within twenty days after the assembling of the sheriffs to make a return in the former case, or within ten days after the day of election in the latter, give to the person returned to serve notice thereof in writing, and moreover shall deliver to him at the same time, a list of those persons to whose votes he hath objection, distinguishing his several objections against the names of the voters; and where he hath any other objection to the legality of the election, or the eligibility of the person returned, as aforesaid, he shall, in like manner, give notice thereof, distinguishing his particular objections; and the person returned as aforesaid shall, within twenty days after receiving such notice, deliver the like lists on his part. Where the contest is for the office of a senator, any one or more of the courts in the senatorial district, or where it is for the office of a delegate, the county of the county, shall upon the application of either party, appoint five commissioners to take the depositions of such witnesses as shall be produced to them. | Contested elections of members of assembly, how conducted. |
| any three of which said commissioners shall be sufficient for the purpose. But no commissioner shall act without having first taken, before some justice, an oath to act impartially. Reasonable notice, in writing, of the time and place of taking such depositions, shall be given, by either party, to the other. Notice in any of the cases before mentioned, as well as the lists, left with his wife, or any other free person over the age of twenty one years, belonging to his family, other than a negro or mulatto, or, in case of their absence, then at the dwelling house, shall be deemed sufficient. The depositions shall be certified by the commissioners taking the same, sealed up and sent by them to the clerk of that house of which the person was returned a member, without delay. | |
| II. Complaint shall be lodged against a member within ten days after the meeting of the assembly, where the contested election shall have been holden at the stated annual period, or within twenty days after the election, where such election shall have been holden in consequence of an intermediate vacancy; and the depositions taken as aforesaid, shall be, by the clerk of each house, respectively, delivered to the speaker thereof, to be committed with the petition of the the party complaining, and shall be received and read as evidence upon the hearing thereof; subject however, to the exceptions of the opposite party. | |
| III. Subpœnas for witnesses shall be issued by the clerks of the county courts upon the application of either party. And the witnesses shall be entitled to the same allowance, be privileged from arrests, and be subject to the like penalties, as witnesses attending the county courts. | |
| IV. If any person shall vote a second time, at any election, for members of the general assembly, he shall forfeit and pay ten pounds, to be recovered, with costs of suit, in any court of record, by action of debt, bill, plaint, or information, to the use of the person who will sue for the same. | |
| V. And be it further enacted, That the sheriff conducting the election in any county in the district of Kentucky, shall, at the request of any one or more of the candidates, adjourn the election until the next day, although the electors who appear be not too numerous |
| to be polled before sun-setting, or there be no rain, or rise of water courses. | |
| VI. And be it further enacted, That the several county courts shall be empowered, for good cause to them shewn, to remit any penalty incurred by a freeholder or not having given his vote at any election for a delegate or senator, according to law. | |
| VII. So much of every act and acts, as comes within the purview of this act, shall be, and the same is hereby repealed. | |
| CHAP. LIII. An act for amending the acts concerning the poor. [Passed the 25th of December, 1788.] | |
| I. FOR the amendment of the several acts concerning the poor, Be it enacted by the General Assembly, That wheresoever any former church-warden, who hath not settled his accounts as such, and paid the balance due from him, is already dead, or shall hereafter die, before such settlement and payment, the executors and administrators of such decedent shall be liable to the same recovery as the said church-warden would have been liable to in his lifetime: Saving nevertheless, to the said executors and administrators, the benefit of all pleas to which they may be law be entitled. | Acts concerning the poor amended. |
| II. If any person appointed to superintend an election of overseers of the poor, shall refuse or neglect to serve, without reasonable excuse, he shall forfeit and pay for every such refusal and neglect, the sum of ten pounds, to be recovered for the use of the poor of the county in any court of record, by action of debt, or an information, founded on this act, together with costs: And in case it shall so happen that the person appointed to superintend the election, shall neglect to attend as above recited, in that case the county court shall appoint an overseer at the next court held for such county. |
| III. It shall be the duty of the sheriff of every county, and of the serjeant of any city or borough, if appointed by the overseers of the poor to collect any poor rate, to collect and account for the same, and to be liable to all things required and imposed on a collector of such rate by law. Any sheriff or serjeant refusing to undertake the said collection shall forfeit, and pay, the sum of fifty pounds, to be recovered in manner aforesaid, for the use aforesaid. | Sheriffs bound to collect poor rates. |
| IV. And be it further enacted, That the trustees of any religious society, shall have full power and authority to prosecute all suits heretofore instituted and now depending, upon bond or otherwise, for any arrearages due to the different parishes within this commonwealth. | Trustees of religious societles, to collect balances due to parishes. |
| CHAP. LIV. An act concerning the importation of slaves, into the district of Kentucky. [Passed the 26th of December 1788.] | |
| I. WHEREAS many persons who have removed from some other parts of the United States, into the district of Kentucky, and have become citizens of this commonwealth, have failed within ten days after their removal into the same, to take the oath, or oaths, prescribed by two acts of assembly, the one, intituled, "An act for preventing the further importation of slaves," the other, intituled, "An act concerning slaves," to be taken on the importation of the same, although they might with great truth have taken such oaths: And whereas such failure hath been chiefly, if not altogether, owing to the impracticability of complying with the said acts: Be it enacted by the General Assembly, that such persons as have already removed, or shall remove before the passing of this act, from any part of the United States, into the district of Kentucky, may take the oaths aforesaid, on or before the first day of May, in the year of our Lord, one thousand seven | Importation of slaves, into Kentucky, regulated. |
| hundred and eighty-nine, and the taking thereof shall be as effectual to award the pecuniary penalties of the said acts, as if it had been within ten days after the removal of such person. | ||
| II. All persons who shall remove to the said district, from any part of the United States, after the passing of this act, may take the oath aforesaid within sixty days after such removal; any law to the contrary notwithstanding. Provided nevertheless, that this act shall not be construed to affect the right of any slave or slaves, or of any person or persons, entitled to freedom: But as to all persons who may take the said oaths, on or before the said first day of May, the operation of the said acts, as far as they relate to the freedom of the said acts, as far as they relate to the freedom of any slave removed, or which before the passing of this act may be removed into the district of Kentucky, shall be, and is hereby suspended for three years; and no suit, or suits, shall be instituted or proceeded on in any court of this commonwealth for the recovery of the freedom of any such slave, before the expiration of the said term of three years. Provided however, that the suspension aforesaid, shall not be construed to extend to, or affect, the case of any slave or slave, or of any person or persons, entitled to freedom, who have before the passing of this act instituted a suit or suits for the same, in any court of this commonwealth, nor to any such case in which an adjudication, or adjudications, shall have been had thereupon. | ||
| CHAP. LV. | ||
| ||
| [Passed the 22d of December, 1788.] | ||
| I. BE it enacted by the General Assembly, That so soon as any election shall be made of senators for this commmonwealth, in pursuance of the constitution of | Credentials of senators to congress. |
| the United States of America, the clerk of the house of delegates shall notify the same to the governor; who shall cause a credential to be made out, and the seal of the commonwealth affixed thereto, shall sign the same, and cause it to be delivered to each senator; which credential shall be in the words following: | |
| "Virginia, to wit: The legislature of this commonwealth, on the day of one thousand seven hundred and having, in pursuance of the constitution for the Untied States of America, chosen esquire, a senator; I , being governor or chief magistrate of the commonwealth, do hereby certify the same to the senate of the said United States. Given under my hand and the seal of the commonwealth, this day of , one thousand seven hundred and ." | |
| A like notification shall be made, and a like credential shall be delivered to Richard Henry Lee and William Grayson, esquires, respectively, who have been chosen senators for this commonwealth. | |
| II. Whenever the executive shall by virtue of the said constitution, make a temporary appointment of a senator, a credential shall be prepared with the forms and solemnities aforesaid, and shall be delivered to such temporary senator, in the words following: | |
| "Virginia, to wit: A. B. esquire, who was duly chosen a senator for this commonwealth, in pursunance of the constitution for the United States of America, having died (resigned, or otherwise, as the case may be) during the recess of the legislature of the commonwealth, I, , being governor or chief magistrate of the commonwealth, have therefore thought fit, by and with the advice and consent of the privy council or council of state, and by virtue of the said constitution, to appoint esquire, to be and act as senator for the commonwealth, until the next meeting of the legislature thereof." Given under my hand, and seal of the commonwealth, this , day of , one thousand seven hundred and ." |
| CHAP. LVI. An act concerning he public hospital in the city of Williamsburg. [Passed the 25th of December, 1788.] | |
| I. Be it enacted by the General Assembly, That from and after the passing of this act, a court of directors may at any time be holden for the public hospital, in the city of Williamsburg, without the president, if he shall fail to attend, and the eldest member present shall act as president, pro tempore. Any director who shall remove to the distance of twenty miles, or upwards from the said city, shall be considered as having vacated his office. Vacancies in the court of directors may be supplied by the executive. If upon the examination of any person charged with being a lunatic or ideot, or otherwise insane, the said court shall be of opinion that he or she ought not to be confined, it shall be lawful for the said court, forthwith to discharge him or her. Every act coming within the purview of this act, is hereby repealed. | Directors of lunatic hospital, how to hold courts. Vacancies how supplied. |
| CHAP. LVII. An act appointing trustees for Philip Johnson, gentlemen, and his children. [Passed the 25th of December, 1788.] | |
| I. WHEREAS all the trustees appointed by the act intituled, "An act to vest certain lands whereof John Robinson esquire, died seized in trust for Philip Johnson, gentlemen, and his children in trustees for the purposes therein mentioned, are now dead, and Robert Carter Nicholas, esquire, deceased, is represented to have been the sole acting trustee: Be it therefore enacted by the General Assembly, That Benjamin Harrison, | Trustees for Philip Johnson and his children, appointed. |
| Samuel Griffin, John Walker, William Walker, and William Norvell, gentlemen, be appointed trustees, who, or a majority of whom, may and shall execute and perform all things remaining to be executed and performed by the trustees under the said act. Provided always, That nothing herein contained shall be construed to prejudice, or in any manner to affect the rights of the said trustees, or of their executors or administrators, or of any of them; but the same shall remain in the same condition as if this act had never been made. | ||
| CHAP. LVIII. | ||
| ||
| [Passed the 23d of December, 1788.] | ||
| I. WHEREAS the purchasers of lots in the town of Moorfld, in the county of Hardy, from the difficulty of procuring materials have not been able to build on their said lots within the time prescribed by law, Be it enacted, That the further time of three years, from and after the passing of this act, shall be allowed the purchasers of lots in the said town to build upon and save the same. | Further time to improve lots in town of Moorefield. | |
| CHAP. LIX. | ||
| ||
| I. WHEREAS it is represented that the establishing of an inspection of tobacco on the lands of |
Mecklenburg warehouse, in Berkeley established. |
| Abraham Shepherd, near the town of Mecklenburg, on Potowmack river in the county of Berkeley, would be of public utility, and that the proprietor of the said land is willing to erect the houses necessary for that purpose at his own expence: Be it therefore enacted by the General Assembly, That an inspection of tobacco shall be, and the same is hereby established on the lands of the said Abraham Shepherd, near the said town of Mecklenburg, in the county of Berkeley, to be called and known by the name of Mecklenburg warehouse. | |
| II. The appointment of inspectors and all other regulations respecting the warehouse shall be the same as is provided for by law for other inspections, so far as the same do not contravene this act. All tobacco inspected at the said warehouse, shall be subject to the same duties and imposts, and be collected and accounted for by the inspectors, in the same manner, and under the like penalties as directed and prescribed by law for other warehouses. | |
| 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. The said Abraham Shepherd, shall, on or before the first day of May next, give bond with sufficient security, in the penalty of two thousand pounds, in the court of the said county, with condition that he will not build, or suffer to be built, any house with a fire place therein, within one hundred yards of the said warehouse. | |
| CHAP. LX. An act for establishing a town in the county of Nelson. | |
| I. BE it enacted by the General Assembly, That one hundred acres of land, lying at a place called Baird's town, in the county of Nelson, the property of |
Baird's town, in Nelson county, Kentucky established. |
| David Baird, and John C. Owing, to include the lots which may have been laid off, shall be, and the same are hereby vested in Isaac Morrison, Walter Beall, James Baird, John Reid, Andrew Hynes, Philip Philips, John Caldwell, Gabriel Cox, James Adams, James Morrison, and Michael Campbell, 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 Baird's town; so soon as the said one hundred 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 said lots at public auction, for the best price that can be had, the time and place of which sale, to be previously advertised for two months, at the respective courthouse doors of the counties of Jefferson and Nelson, 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, subject to the conditions aforesaid, and pay the money arising from the sale thereof, to the said David Baird, and John C. Owing, or their respective legal representatives. The said trustees, or the major part of them, shall have power from time to time, to settle and determine all disputes concerning the bounds of the said lots, and establish such rules and orders for the regular building of houses thereon, as to them shall seem most convenient, and in case of the death, resignation, or other legal disability of any of the said trustees, it shall be lawful for the other trustees to supply such vacancy, and the trustees so elected, shall be vested with the same power and authority, as those particularly named in this act. The purchasers of the 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, 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. 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 said town: Provided always, that nothing herein contained, shall be construed or taken to interfere with, or affect the right or claims of any person to lots in the said town, who have built or made improvements thereon, under agreements or contracts with the proprietors or their agents; nor shall such lots be sold by the said trustees. | ||
| CHAP. LXI. | ||
| ||
| [Passed the 24th of December, 1788.] | ||
| I. WHEREAS it is represented to this present general assembly, that the glebe lands in the parish of Nottoway, in the county of Amelia, are for the most part worn out, and not stocked with timber sufficient to keep up the necessary repairs, and that the houses thereon are in a ruinous situation, and that it would be very advantageous to the inhabitants of the said parish, if the trustees thereof were empowered to dispose of the said glebe, and to lay out the money arising from the sale thereof, in purchasing other lands for a glebe. Be it therefore enacted by the General Assembly, That the said glebe lands, with the appurtenances be, and the same are hereby vested in the trustees of the said parish, in trust: Nevertheless, That the said trustees, or the greater part of them, shall by deed, or deeds of bargain and sale, sell and convey the said glebe, with the appurtenances, for the best price that can be got, to any person, or persons who shall be willing to purchase the same; to hold to such purchaser or purchasers, his or their heirs and assigns forever. | Trustees of Nottoway parish in Amelia, authorised to sell their glebe, and purchase another. |
| II. And be it further enacted, That the money arising by the sale of the said glebe, shall be by the said trustees laid out, and applied towards purchasing a more convenient glebe, for the use and benefit of the inhabitants of the said parish. | |
| CHAP. LXII. An act establishing several new ferries in the county of Ohio. [Passed the 26th 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 George Cox, in the county of Ohio, across Ohio river, to the opposite shore, the price for a man sixpence, and for a horse the same; from the land of John Jones, in the county of Ohio, across Ohio river, to the opposite shore, the price for a man six pence, and for a horse the same; from the land of Van Swearingen, in the county of Ohio, across Ohio river, to the opposite shore, the price for a man sixpence, and for a horse the same; from the land of Absolum Wells, in the county of Ohio, across Ohio river, to the opposite shore, the price for a man sixpence, and for a horse the same; from the land of Reason Pomphrey, in the county of Ohio, across Ohio river, to the opposite shore, the price for a man sixpence, and for a horse the same; and from the land of Jonas Menser, in the county of Ohio, across Ohio river, to the opposite shore, the price for a man sixpence, 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, that is to say: For each coach, chariot, or waggon, and the driver thereof, the same as for six horses; for every cart, or four wheel chaise, and the driver thereof, the same as for four horses; for every two wheel chaise, | New ferries established in the county of Ohio. |
| or chair, the same as for two horses; for every hogshead of tobacco, as for one horse; for every head of neat cattle, as for one horse; for every sheep, goat, or lamb, one fifth part of the ferriage for one horse, and for every hog, one fourth part of the ferriage for one horse, and no more. If the ferry keeper at any of the said places shall presume to demand or receive from any person, or persons, greater rates than is hereby allowed for the carriage or ferriage of any thing, he shall for every such offence, forfeit and pay to the party grieved, the ferriages demanded or received, and ten shillings, to be recovered with costs before a justice of peace of the county where such offence shall be committed. | ||
| CHAP. LXIII. | ||
| ||
| [Passed the 22d of December, 1788.] | ||
| I. WHEREAS it is provided by the constitution of government, that the privilege of representation in the house of delegates, may be extended to such cities and boroughs, as should thereafter be allowed particular representation in the legislature: And whereas, application hath been made to the present general assembly, by the inhabitants of the city of Richmond, to extend to them this high privilege, which it is judged reasonable and expedient so to do: Be it therefore enacted by the General Assembly, That the freeholders of the said city, shall be entitled to assemble at the court-house, or other place of holding courts in the said city, annually, on their court day, in the month of April, and then and there elect one discreet and proper person, being a freeholder, and who shall have bona fide resided within the said city for twelve months, last preceding, as a delegate to represent the said city in the house of delegates. The said election shall be held and conducted by the serjeant of the | City of Richmond allowed a representative, in the house of delegates. |
| said city, for the time being, under the rules, restrictions, and penalties prescribed by law, in the election of members to the general assembly: Provided always, that no freeholder of the said city shall be entitled to vote in right of such freehold, at any county election of delegates to the general assembly. | |
| CHAP. LXIV. An act for dividing the county of Amelia. [Passed the 22d of December, 1788.] | |
| I. BE it enacted by the General Assembly, That from and after the first day of May next, the county of Amelia shall be divided into two distinct counties, that is to say, all that part of the said county lying south of a line to begin at a place called Well's bridge, on Namozene creek, which divides the said county, from the county of Dinwiddie, thence running through the said county of Amelia, so as to strike the line of Prince Edward county, five miles west of a place called Ward's ford, on Appamattox river, shall be one distinct county, and called and known by the name of Nottoway, and the residue of the said county shall retain the name of Amelia. A court for the said county of Nottoway, shall be held by the justices thereof, on the first Thursday in every month, after the said division shall take place, in such manner as is provided by law for other counties, and shall be by their commissions directed. The justices to be named in the commission of the peace for the said county of Nottoway, shall meet at the new house of Peter Stainback, in the said county, upon the first court day after the said division shall take place, and having taken the oaths prescribed by law, and administered the oath of office to, and taken bond of the sheriff according to law, proceed to appoint and qualify a clerk, and fix upon a place for holding courts in the said county, at, or as near the centre thereof, as the situation and convenience will | Amelia county divided and Nottoway formed. |
| admit of, and thenceforth the said court shall proceed to erect the necessary public buildings at such place, and until such buildings be compleated, to appoint any place for holding courts, as they may think proper. −− Provided always, that the appointment of a place for holding courts, and of a clerk, shall not be made unless a majority of the justices of the said county be present; where such majority shall have been prevented from attending by bad weather, or their being at the time out of the county, in such cases the appointment shall be postponed until some court day, when a majority shall be present. The governor, with the advice of the council, shall appoint a person to be first sheriff of the said county, who shall continue in office during the term, and upon the same conditions, as by law appointed for other sheriffs. It shall be lawful for the sheriff of the said county of Amelia, to collect and make distress for any public dues, or officers fees, which shall remain unpaid by the inhabitants thereof, at the time such division shall take place, and shall be accountable for the same, in like manner as if this act had not been made. And that the court of the said county of Amelia, shall have jurisdiction of all actions and suits depending before them, at the time of the said division, and shall try and determine the same, issue process, and award execution thereon. In all elections of a senator the said county of Nottoway shall be of the same district, as the said county of Amelia. The court of the said county of Amelia, shall, as soon as may be, after the said division, fix on a place for holding courts, at, or as near the centre thereof, as the situation and convenience will admit of; and thenceforth proceed to erect the necessary public buildings at such place, and until such buildings be compleated, to hold courts at any place they may think proper. |
| CHAP. LXV. | ||
| ||
| [Passed the 26th of December, 1788.] | ||
| I. WHEREAS the time given by law to receive subscriptions for the purpose of opening a road from the falls of the Kanawa, to Lexington in Kentucky, hath been found too short for the purpose thereof, Be it enacted by the General Assembly, that the said act intituled "An act for appointing commissioners to receive subscriptions for opening the said road, shall continue and be in force until the thirty first day of December, in the year one thousand seven hundred and ninety one. | Act appointing commissioners for opening a road from the falls of the Great Kanawha to Lexington, in Kentucky, amended. | |
| II. And be it further enacted, That Levi Todd, James Trotter, Henry Lee, John M'Dowell, John Hawkins, James Garrard, George Clendinen, William Clendinen, and Henry Banks, gentlemen, be, and they are hereby appointed commissioners, to receive subscriptions for the purpose aforesaid, who shall and may receive subscriptions agreeable to the mode and for the purposes therein prescribed. | ||
| III. And whereas it is represented to the present general assembly, that the great public utility which will arise from opening a communication with the Kentucky district by means of the aforesaid road, will be considerably retarded and prevented by the slow and uncertain means of receiving a sufficient fund by subscription. | ||
| IV. And whereas considerable taxes have become due from the proprietors of the lands through which the said road will pass, when it was impossible for them to derive any benefit therefrom, from their remote situation and the frequent inroads of hostile Indians, and |
| it is just that the amount of the said taxes should be applied in such manner as to inhance the value of said lands: Be it therefore enacted by the General Assembly, That Levi Todd, James Trotter, Henry Lee, John M'Dowell, John Hawkings, and James Garrard, gentlemen, or a majority of them, shall be, and they are hereby appointed commissioners for opening a road from the town of Lexington, in the county of Fayette, to the river known by the name of the Great Sandy, to the most convenient part thereof below the great forks. The said commissioners shall in the court of the counties in which they respectively reside, take an oath for the due execution of the trust hereby reposed in them, and shall moreover enter into bond, with security, in the penalty of one thousand pounds, payable to the governor and his successors for the use of the commonwealth, with condition that they will faithfully discharge the said trust. So soon as they, or a majority of them, have taken the said oaths and entered into the said bonds, they shall appoint a time and place of meeting, giving two months previous notice thereof in the Kentucky Gazette, and shall then and there publicly let to the lowest bidder, the opening the said road from Lexington in Great Sandy river: they shall take a bond in a sufficient penalty, with good security from the undertaker, that the said road shall be compleatly opened fit for the passage of waggons, within three years from the date of the said bond. | |
| V. And be it further enacted, That George Clendinen, Henry Banks, and William Clendinen, gentlemen, or a majority of them, shall be, and they are hereby appointed commissioners for opening a road, from the Great Kanawha river to the Great Sandy river, beginning at the house of William Clendinen, in the county of Kanawa, and running to the place where the road from Lexington to the Great Sandy river terminates; having taken the same oaths, and entered into bond in the like manner, as the commissioners before mentioned, they shall appoint a time and place of meeting, giving previous notice thereof for two months, at the doors of the courthouses of the counties of Greenbrier and Kanawa, and shall then and there let publicly, to the lowest bidder, the opening of the said road, from the Great Kanawa river to the Great Sandy river, and shall take bonds and security of the undertaker, in |
| like manner as is herein before directed to be taken of the undertakers of the road from Lexington to the Great Sandy river. The undertakers of the road from Lexington, shall have power to contract with any person within the counties of Fayette and Bourbon, and the undertakers of the road from the Great Kanawa river, shall have power to contract with any person within the county of Kanawa for personal labour, supplies of money, or other things necessary for carrying on the said undertakings, and shall give certificates to the persons so contributing, for the amount of what has been furnished by them, which certificates, when countersigned by one or more of the said commissioners, the sheriffs of the said counties shall receive in payment to taxes due from the holders thereof, and they shall be allowed a credit therfor, in the settlement of their accounts for any taxes now due, or hereafter to become due, from any of the said counties: Provided always, That the certificates granted by the undertaker and commissioners of the road, from Lexington to Great Sandy river, shall not exceed the sum of three thousand pounds, and those granted by the undertaker and commissioners of the road from the Great Kanawa river, to the Great Sandy river, shall not exceed the sum of one thousand five hundred pounds. The sheriffs authorised by law to distrain for taxes now due, or which may become due in the said counties, shall furnish the said commissioners respectively, with an exact account thereof, and they shall not proceed to collect the same, until directed by the said commissioners in manner herein after directed, except that they shall receive from persons tendering the same, any of the certificates granted, and countersigned as before mentioned. If any person within either of the said counties of Fayette, Bourbon, or Kanawa, shall fail to contribute so much to the opening the said roads respectively, as will discharge the taxes that may be due from him, her, or them, it shall be lawful for the said commissioners, to require the said sheriffs to distrain therefor, and the amount thereof when collected, shall be paid to the commissioners, and applied by them to the purposes aforesaid, and the sheriffs on a settlement of their accounts, shall have a credit for all sums so paid by them to the commissioners. if any sheriff shall fail to distrain for, and pay to the commissioners |
| the sums so required by them within sixty days after he shall be required to make distress, it shall be lawful for the court of the county to which such sheriff belongs, to give judgment against him therefor on the motion of the commissioners, provided he has ten days notice of such motion. So soon as the said commissioners shall have compleated the said roads, or expended sums herein before directed to be applied to the opening the same, they shall direct the sheriffs of the said counties respectively, to proceed to collect all the taxes that shall then be due in the said counties, which shall be accounted for by the said sheriffs, and paid into the public treasury within six months thereafter, and in case of failure, the solicitor general shall proceed against them, in like manner as against other defaulting sheriffs. The said commissioners shall return to the auditor an exact account of the certificates granted by them, and of the several sums received by them from the sheriffs; and until such account be returned, no such certificates shall be received of any sheriff. All proceedings against the sheriffs of the said counties of Fayette, Bourbon, and Kanawha, shall be suspended until the said accounts shall be returned by the commissioners. The clerks of the said courts, shall return to the executive within six months after the same shall be taken, copies of the bonds entered into by the said commissioners, and certificates of their having taken the oaths herein directed to be administered to them: Every clerk failing so to do, shall forfeit fifty pounds to the use of the commonwealth, to be recovered on the motion of the solicitor general, in the general court or other superior court; provided each clerk hath ten days previous notice of such motion. −− Provided nevertheless, That nothing in this act shall be construed to affect the taxes due from that part of the county of Kanawha, which was heretofore a part of Greenbrier, and which may have been appropriated for opening a road from the town of Lewisburg, in the county of Greenbrier, to the falls of the Great Kanawha. |
| CHAP. LXVI. | ||
| ||
| [Passed the 26th of December, 1788.] | ||
| I. WHEREAS the commissioners appointed by the act, intituled, "An act for opening and straightening certain public roads," to view and fix on the most convenient and direct way for opening a road from Fredericksburg, to the city of Richmond, could not perform the same by the time limited in the said act for that purpose: Be it therefore enacted, That William Nelson, William F. Gray, Thomas Minor, Stapleton Crutchfield, William Pollard, John Garland, Miles Selden, and Thomas Prosser, gentlemen, or a majority of them, shall, on or before the first day of October next, do, and perform, what the former commissioners in the third section of the said at were required to do: Provided always, That the said commissioners shall make report of their proceedings to the next general assembly, and not to the county courts. | Act for opening & straightening certain roads, revived and amended. | |
| II. And whereas the act passed the last session of assembly, intituled, "An act to amend two acts of assembly, the one intituled, "An act for keeping certain roads in repair," the other "An act for opening and straightening certain public roads," requires the meeting of five commissioners to turn or alter any part of the said roads, a number from their dispersed situation it is found difficult to collect, Be it therefore enacted, That any three of the said commissioners shall be sufficient to meet and view the road so proposed to be turned, and upon their report, the court shall be authorised to establish the same, or order a review, as to them shall seem right; and in either case, if the alteration shall be objected to by the proprietor, or his agent, through whose land the said road is to run, the like proceedings shall be observed so far as may be necessary to entitle the proprietor to a compensation as prescribed by the act "Concerning public roads." |
| Pages 675-702
| Pages 730-763
|