Pages 730-763
|  Pages 797-804
|
| Pages 730-763
| Pages 797-804
|
| CHAP. LXVIII. An act for amending the act, intitled An act constituting the court of appeals. [Passed the 22d of December, 1788.] | |
| I. BE it enacted by the General Assembly, That the court of appeals shall consist of five judges, who shall be chosen from time to time, by the joint ballot of both houses of assembly, shall be commissioned by the governor, and shall, respectively, continue in office during good behaviour. | Court of appeals how many judges. |
| II. Any three of the said judges shall constitute a court. | |
| III. The said court shall be holden at the capitol in the city of Richmond, or at such other place, as shall be appointed by the general assembly, or in their recess, by the governor, with the advice of the council of state, on any such emergency, as will make the adjournment of any other of the supreme courts lawful. | Where to set. |
| IV. The said court shall be holden twice in every year, namely, on the twentieth day of June, and the twentieth day of November, or when that shall happen to be Sunday, on the succeeding day, and shall sit each time until the business depending before them shall be dispatched. | Terms. |
| V. No person shall be found guilty on an impeachment, but by a jury; for which purpose the clerk of the said court, as sooon as such impeachment shallbe notified to him by the attorney general, or any other person or persons appointed by the house of delegates to prosecute the same, shall issue a venire facias to the sheriffs of the senatorial district, where in the person accused resides, commanding them to summon in their counties, to the first day of the next succeeding court of appeals, in proportions as nearly equal as possible, twenty-four jurors, qualified according to law for the trial of other criminal cases, which process may be repeated by order of the court as often as it shall be necessary. The prosecutor for the commonwealth, and the person accused, shall, in open court, alternately | Impeachments. |
| strike one, until the number shall be reduced to twelve; which remaining twelve shall be a jury, and shall try the impeachment, render a verdict, and proceed in the same manner, as is prescribed in the case of an indictment in the general-court. The jurors shall have the same allowance, and be subject to like penalties, as in the case of venire-men attending the district courts. If twenty-four jurors should not appear, bystanders may be summoned to make up the deficiency. | |
| VI. A person impeached, may for good cause, challenge a juror. The party accused may have one or more counsel, without petitioning the said court. | |
| VII. No impeachment shall be tried during the session of the general assembly, unless the party accused shall request it. | |
| VIII. If a vacancy shall happen in the office of clerk out of the terms of the said court, it shall be lawful for a majority of the judges by commission under their hands and seals, to appoint. | Clerks. |
| IX. If any one of the judges of the court of appeals be interested in any suit finally decided in the high court of chancery, an appeal, if prayed for, shall be to the general court. If such judge be interested in any suit finally decided in the general court, such appeal shall be to the high court of chancery; and in either case the decision of the high court of chancery, or general court, shall be final, in any suit now depending or which may hereafter be brought in the district court of Kentucky, in which either of the judges of the said court shall be interested, and without whose opinion there cannot be a decision therein: the court shall adjourn all matters in law and equity arising in such suit, to the superior court of appeals of this commonwealth, whose judgment shall be final therein. | Judges interested. |
| X. Where several obtain an appeal, writ of error, or supersedeas, to or from any judgment of a district court, bond given by any party shall be sufficient. | Bond in appeals. |
| XI. Nothing in this act contained shall be construed in any manner to affect any suits now depending before the said court, or any decree, judgment, sentence, or order hitherto given therein; but the same shall remain as if this act had never been made, Provided always, That the suits now depending before the said court, shall be finally decided by the court of appeals, as it is now constituted by law. For which purpose | Special term of court. |
| they shall hod a term at the capitol in the city of Richmond, on the second day of March next, and shall sit until the same shall be concluded. If, however, the court of appeals shall think it advisable from any reason, which may prevent an immediate decision, to adjourn to another day, it shall be lawful for them so to do. But the adjournment of the said court for the purpose of finishing the old business, shall not affect or retard the jurisdiction of the said court as it shall stand under this act. The judges of the court of appeals appointed under this act, may take the oath of fidelity and of office, before the executive, or any justice of the peace, a certificate whereof shall be recorded in the said court. | ||
| XII. The several acts of the general assembly, concerning the court of appeals, as it is at present constituted, shall be pursued and observed, mutatis mutandis, as far as it is not, or shall not, be otherwise directed by this or a future act or acts. Provided always, That appeals, writs of error, and supersedeas, may be granted, heard, and determined by the court of appeals to and from any final judgment given in the district courts, in the same manner, and on the same principles, as appeals, writs of error, or supersedeas, are to be granted, heard, and determined by the district courts, to and from any final judgment given in the county courts. | Former acts how far in force. | |
| XIII. So much of any act or acts of assembly, as comes within the purview of this act, shall be, and is hereby repealed. | ||
| XIV. This act shall commence, and be in force on the first day of January, in the year of our Lord, one thousand seven hundred and eighty-nine. | ||
 CHAP. LXIX. | ||
| ||
I. BE it enacted by the General Assembly, That as soon as a sufficient number of vacancies shall take |
When high court of chancery reduced to one. |
| place to permit the reduction of the present number of judges in the high court of chancery, the said court shall consist of one, who shall either be one of the present judges, or shall be chosen from time to time, by the joint ballot of both houses of assembly, shall be commissioned by the governor, and shall continue in office during good behaviour. | |
| II. The said court shall be holden at the capitol in the city of Richmond, or at such other place, as shall be appointed by the general assembly, or, in their recess, by the governor, with the advice of the council of state, on any such emergency, as will make the adjournment of any other of the supreme courts lawful. | Where court held. |
| III. The said court shall be holden four times in every year, namely, on the first day, or when that shall happen to be Sunday, on the second day of march; on the twelfth day, or when that shall happen to be Sunday, on the thirteenth day of May; on the first day, or when that shall happen to be Sunday, on the second day of August; on the twelfth day, or when that shall happen to be Sunday, on the thirteenth day of October; and the sessions in the months of May and October shall continue for twenty four juridical days successively, dele, and those in the months of March and August, for twelve juridical days successively, unless the business depending before the said court, shall be sooner dispatched. | Terms. |
| IV. It shall be lawful for the said court to arrange the business thereof, in the most convenient and equitable manner. | Court may arrange business. |
| V. It shall be lawful for the high court of chancery in such cases, as may require a report, which cannot be performed by the court without great delay to other business, to employ one or more commissioners and to cause a reasonable allowance to be taxed in the bill of costs. | Commissioners in chancery. |
| VI. The high court of chancery may grant commissions for taking of depositions beyond the limits of this commonwealth. | Foreign commissions. |
| VII. If the judge of the high court of chancery shall be interested in any matter, which in the case of any other person would have been proper for the jurisdiction of such court, it may be lawful to institute such suit under this act in the general court, where proceedings shall be had conformably to the principles | Judge interested. |
| and usages of equity; and process shall be returnable as the general court shall direct, and thereafter an appeal may be had to the court of appeals. | |
| VIII. It shall be lawful for the high court of chancery to send any matter of law to the general court, for their opinion to be certified thereon. | Issue to general court. |
| IX. If the judge shall not attend on the first day of the terem, such court shlal stand adjourned from day to day, until a court shall be made, if that happen before four of the clock in the afternoon of the sixth day. | Adjournment. |
| X. If a court shall not sit in any term, or shall not continue to sit the whole term, or before the end of the term, shall not have heard and determined all matters ready for its decision, all such suits and things depending in court and undecided, shall stand, continued to the next succeeding term. If from any cause the court shall not sit on any day in a term after it shall have been opened, there shall be no discontinuance. But so soon as the cause is removed, the court shall proceed to business until the end of the term, if the business depending before it be not sooner dispatched. | Continuance of causes. |
| XI. So much of every act as comes within the purview of this act, is hereby repealed. | |
| XII. This act shall commence in force on the first day of January one thousand seven hundred and eighty-nine. | |
| CHAP. LXX. An act allowing travelling expences to the judges of the general court. [Passed the 23d of December, 1788.] | |
| I. BE it enacted by the General Assembly, That in consideration of the additional services, to be performed by the judges of the general court as judges of the district courts, they shall receive (exclusive of their salaries, established by law) each, the sum of six pence per mile for travelling to and from the courts of their respective circuits. The treasurer shall half yearly advance to each of the said judges upon the allowance | Travelling expences allowed to judges of general court. |
| hereby made to them, a sum for travelling expences, not exceeding twenty five pounds; to be accounted for by them respectively. | |
| CHAP. LXXI. An act concerning the court of admiralty, and the judges thereof. [Passed the 25th of December, 1788.] | |
| I. WHEREAS by the constitution for the United States of America it is, among other things provided, that the judicial power thereof shall extend to all cases of admiralty and maritime jurisdiction; and Richard Cary, James Henry, and John Tyler, esquires, judges of the court of admiralty within this commonwealth, have been appointed judges of the general court, and are intitled to the emoluments of office, as such: Be it enacted by the General Assembly, that from and after the passing of this act, the salaries allowed by law to the said judges, shall be discontinued. | Judges of admiralty, appointed judges of general court. |
| II. From and after the first Wednesday in march, which shall be in the year of our Lord one thousand seven hundred and eighty nine, the said court of admiralty shall be also discontinued. | Court of admiralty discontinued. |
| III. But nothing contained in this act or in the act, intituled "An act establishing district courts, and regulating the General Court," shall be construed to transfer any matter, or thing, now cognizable in the said court of admiralty, to the district courts, until the first Wednesday in march, in the year aforesaid. And every cause, suit, process, matter, or thing, depending in the said court of admiralty, to the district courts, until the first Wednesday in march, in the year aforesaid. And every cause, suit, process, matter, or thing, depending in the said court at the passing of this act, or the above recited act, or which may be brought therein, before the day and year aforesaid, shall be proceeded in, heard, determined, executed, and concluded according to the same principles, rules, forms, and manner, as would have prevailed had this act, or the above recited act, never been made. |
| IV. All acts, and parts of acts, concerning the court of admiralty and the judges thereof, except so much of the said acts, as is retained and continued by the above recited act, shall be, and are hereby repealed. | |
| CHAP. LXXII. An act concerning the general court. [Passed the 25th of December, 1788.] | |
| I. WHEREAS three of the judges of the general court, to wit: Paul Carrington, Peter Lyons, and William Fleming, esquires, have been appointed judges of the court of appeals during the present session of the general assembly, and it is inexpedient that the said general court should consist of more than ten judges, Be it enacted by the General Assembly, that from and after the passing of this act, there shall be ten judges only of the said general court, who are to be allotted to the district courts. That any three of the said ten shall constitute a general court in all cases, except those of impeachment, and that in cases of impeachment, a majority only shall constitute a general court. | Number of judges of general court. |
| II. And in order that no doubts may arise as to the holding district courts in the months of April and May next, Be it further enacted, That the allotment of judges to the several district courts shall be made without delay, and such allotment may be recorded at any future general court: any thing in any act notwithstanding. Provided always, that the clerk of the general court may continue to issue original process for the commencement of any suit in the general court until the first day of February, one thousand seven hundred and eighty nine, and returnable o the first court which shall beholden for the district in which the defendant resides, under the same regulations and provisions as prescribed before the passing of the above recited act, and every such suit shall be sent to its proper district, according to the directions of the said act. | Allotment of judges to district court. |
| CHAP. LXXIII. | ||
| ||
| [Passed the 22d of Decemer, 1788.] | ||
| I. BE it enacted by the General Assembly, That it shall be lawful for the executive whensoever any building or buildings duly appointed for the holding of any court shall be destroyed, by proclamation to direct such court to be holden in any other building or buildings until the buildings or building so destroyed shall be rebuilt. Provided always, That the court of appeals, high court of chancery and general court, shall continue to be holden in the city of Richmond, the district courts in the counties in which they are appointed to be holden by law, and the county courts within their respective counties. | At what places courts to be held, if court houses destroyed. | |
| CHAP. LXXIV. | ||
| ||
| ]Passed the 26th of December, 1788.] | ||
| I. WHEREAS it hath been represented to the present general assembly, that many counties in the commonwealth have been disabled to pay their taxes by accidents and distresses, which could not be avoided; but it is the duty of the legislature carefully to distinguish such as ask indulgence for the reasons aforesaid, from those, whose pretensions to relief are not well founded: And whereas many sheriffs indebted to the commonwealth for taxes actually received, have failed | Relief to sheriffs and collectors of taxes in certain cases. |
| to account for the same according to law, from a hope of relief, which, after a given day, ought to be taken away, Be it enacted by the General Assembly, that every sheriff, collector, and his security or securities, indebted to the commonwealth for taxes, which became due prior to the first day of November, in the year of our Lord one thousand seven hundred and eighty-eight, and against whom no judgment hath been or shall be obtained before the passing of this act, may discharge the same on or before the first day of June, which shall be in the year of our Lord one thousand seven hundred and eighty nine, by the payment of the principal sum, agreeable to the laws under which he shall have collected it, although judgment shall be obtained against him before the said first day of June in the year last mentioned; and the solicitor is hereby instructed to proceed without delay in obtaining judgments against such sheriffs or collectors, and shall issue executions thereupon immediately after the said first day of June: Provided always, that it shall not be lawful for the executive to suspend such execution, or to remit any part of the damages or interest on such judgment, which shall remain unpaid after the said first day of June. | |
| II. Every sheriff, collector, and his security or securities indebted to the commonwealth for taxes, which became due prior to the first day of November one thousand sevenhundred and eighty eight, against whom judgment hath been or thall be obtained before the passing of this act, may discharge the same by payment of the principal sum, agreeable to the laws under which he shall have collected it, together with six per centum interest and costs on or before the said first day of June. | |
| III. Where no execution hath been issued on such judgments non shall be issued, until after the said first day of June. | |
| IV. Where an execution hath been issued, the sheriff shall return the same, and it shall be considered in the same manner as an execution would be, where no estate was found; and the solicitor is hereby instructed to issue executions against such sheriffs or collectors immediately after the said first day of June: Provided always that it shall not be lawful for the executive to suspend such execution or to remit any part of the |
| damages or interest on such judgment, which shall remain unpaid after the said first day of June; Provided also that any payments, which shall be made by a sheriff or collector, on or before the said first day of June, shall be deducted from any judgment, and damages shall abate in proportion; Provided also, that where the executive shall have reason to believe that the postponement of an execution to the said first day of June, might put the debt in danger, it shall be lawful for them to make a special direction for the issuing thereof, and the same shall issue accordingly: But the sheriff, collector, and his security or securities shall be intitled to the same privileges, in consequence of any payment made under the said execution, as if it had been made before the said first day of June, and without an execution issued: Provided also, that nothing in this act contained shall be construed to prevent or restrain any sheriff from proceeding against his deputy, or any security from proceeding against his principal, in the same manner as if this act had never been made. | |
| V. And whereas it is just and expedient that securities should have the same rights and remedy against the lands of their principals, as the commonwealth would have had, but for the proceeding against such securities; Be it further enacted, That wheresoever the lands of any sheriff or collector would have been bound for any debt due to the commonwealth, they shall be bound in like manner to the security or securities, who may have paid the whole or a part of such debt; and it shall be lawful for the general court to award a like execution against the said lands, on the motion of such securities, to that which would have been issued in behalf of the commonwealth. But ten days previous notice of such motion, shall be given to the principal, his heir or devisee, as the case may be. | When lands of sheriffs bound to commonwealth, they shall be bound to their securities. |
| VI. If upon the death, refusal to act, or disability of any sheriff, it shall appear proper to the executive to appoint a collector, it shall be lawful for them to make such appointment, and the person so appointed collector shall possess every power and be liable to every penalty which the sheriff himself would have possessed, or been liable to. | Executive may appoint collector of taxes. |
| CHAP. LXXV. | ||
| ||
| [Passed the 27th of December, 1788.] | ||
| I. WHEREAS it is represented that John Hickman, sheriff of King William, departed this life some time in the month of March last, without having given bond and security for the collection of the taxes due in the said county for the year one thousand seven hundred and eighty seven; and that Holt Richeson, a deputy sheriff to the said John Hickman, is willing to undertake the collection thereof in case a reasonable time is allowed him to perform the same. Be it therefore enacted by the General Assembly, That the said Holt Richeson, upon giving bond and security in the court of the said county of King William, in the penalty required by law for collectors, shall be, and he is hereby vested with as full power to collect and distrain for the taxes due in the said county for the year one thousand seven hundred and eighty-seven, as if he had been sheriff thereof at the time they were payable; and the said Holt Richeson is hereby allowed until the first day of September next to complete the collection of the taxes in the said county for the year one thousand seven hundred and eighty seven; and if he shall fail to make payment thereof into the public treasury on or before the said first day of September, it shall and may be lawful for the solicitor to move for judgment against him or his securities at the next general court, or any other session of the said court subsequent to such failure. | Holt Richeson, authorised to collect certain taxes in King William. | |
| II. The said Holt Richeson shall in all cases respecting the collection of the said taxes, be entitled to the same emoluments and shall be subject to the like penalties and damages as directed in the case of sheriffs and collectors by the several laws for collecting the revenue of this state. Provided always, that if the said Holt Richeson shall fail to give such bond and |
| security as by this act is required at some court to be holden for the said county of King William, on or before the first day of March next, it shall be lawful for the executive to appoint some fit and proper person within the said county to collect the taxes aforesaid, subject to the like rules, regulations and penalties, as are by law provided for securing the collection of the public revenue. | ||
| CHAP. LXXVI. | ||
| ||
| [Passed the 30th of December, 1788.] | ||
| I. WHEREAS it is represented to the general assembly that the act, intituled "An act for regulating the rights of cities, towns, and boroughs, and the jurisdiction of corporation courts; ought to be so extended to the courts of hustings of the city of Williamsburg and borough of Norfolk, as to prevent any member of those courts from acting as a county magistrate: Be it therefore enacted by the General Assembly, That from and after the passing of this act no person being a member of any court of hustings and of a county court, shall be permitted to exercise both offices; but it shall be optional in such person to declare which of the offices he means to keep possession of: And his election being made known at the first court for the county or corporation which he shall attend, shall be entered of record, and his seat in the county or corporation court, as the case may be, shall thereupon be deemed vacated. | Corporation officers restricted from acting in counties, in what cases. | |
| II. And be it also enacted, that no person holding both offices shall exercise the power of either until his determination or choice be entered o record as before determination or choice be entered of record as before recited: Provided, That nothing in the before recited act shall be construed to affect the jurisdiction of the courts of hustings of the city of Williamsburg, or borough | Not to affect jurisdiction of Williamsburg or Norfolk. |
| or Norfolk, or either of them, or in any wise to affect the rights or privileges of the common-council-men of the city of Williamsburg, or borough of Norfolk as heretofore exercised. | ||
| CHAP. LXXVII. | ||
| ||
| [Passed the 29th of December, 1788.] | ||
| I. WHEREAS many doubts have arisen in the construction of the act intituled "An act directing the mode of proceeding under certain executions," and the same ought to be explained and amended: Be it enacted by the General Assembly, That from and after the passing of this act, the above recited act shall be amended, construed, and expounded as follows, that is to say: wheresoever on a sale under any execution, the amount of such sale shall exceed the principal, interest and costs, the sheriff or coroner, as the case may be, shall take a separate bond, with sufficient security, from the buyer or buyers, for the payment of such excess or surplus, to the debtor with legal interest, at the end of twelve months from the date thereof, and it shall be expressed in the said bond, that it was given for a surplus or excess as aforesaid. | Execution law explained and amended. When sale exceeds execution. | |
| II. The sheriff or coroner, as the case may be, shall deliver every bond so taken, to the debtor, his agent, attorney, or other legal representative, or shall return it to the clerk's office; and it shall have the same force of a judgment, be assignable, and shall be proceeded on, in all things concerning the same, in like manner as is prescribed in case of bonds given to a creditor under the said act: Provided always, That a sheriff or coroner making an unreasonable seizure, shall be liable to be sued, as if this act had never been made. | Delivery bonds how disposed of. | |
| III. If the sheriff or coroner as the case may be, shall fail to deliver or return, as aforesaid, any bond | Penalty for failure. |
| taken by virtue of this act, within thirty days from the date thereof, he shall be liable to the same penalty for every month of such failure, to be recovered in the same manner, as is directed by law against a sheriff or coroner failing to return an execution. | |
| IV. the sheriff or coroner, as the case may be, shall be allowed for taking the bonds to the creditor, thirty pounds of tobacco, and no more; for proceeding to sale if the property be actually sold or the debt paid, the commission of five per centum on the first twenty pounds or two thousand pounds of tobacco, and two per centum on all sums above that, and one half of such commission, where he shall have proceeded to sale and the defendant shall have replevied; and no other commission, fee or reward, shall be allowed upon any execution, except for the expence of removing and keeping the property taken. | Sheriff's fee, for bonds and his commissions. |
| V. Wheresoever, upon the service of a capias ad satisfaciendum, slaves or personal estate shall be tendered under the above recited act, to the value of the debt or damages and costs, in the opinion of the sheriff or commissioners, who shall be forthwith summoned to value the same, the sheriff shall receive such slaves or personal estate, and thereupon discharge the debt or out of custody, if the slaves or personal estate so tendered shall not be sufficient to satisfy the debt or damages and costs, or shall be under any lien or incumbrance, so as that the whole or part cannot be sold, a new capias ad satisfaciendum or fieri facias, at the option of the plaintiff, shall issue for any balance, and the clerk of the court, from which such execution originally issued, shall, upon the return of the sheriff, of the insufficiency or incumbrance as aforesaid, issue a new capias ad satisfaciendum or fieri facias, if required. But where such slaves or personal estate shall have been under any lien or incumbrance, the debtor shall not be at liberty to tender slaves or personal estate, on a second capias ad satisfaciendum being served, or in the case of a fieri facias issued in consequence of such return, to avail himself of the privileges of this or the said recited act, | Proceedings where property tendered in discharge of the
body. If under previous lien. |
| VI. No sheriff or other collector of clerks fees, shall avail himself of this or the above recited act. | |
| VII. Bonds may still be given for the forthcoming of goods or other property at the day of sale, but if the | Other explanations of the execution law. |
| condition of such bond shall not be complied with, and judgment shall be entered thereupon, the obligors shall be deprived of the benefit of this and the above recited act. | |
| VIII. The fee to the commissioners shall not exceed four shillings per day each, upon any number of executions whatsoever, and shall be paid by the creditor, his agent, attorney, or other representative, and shall be considered as part of the costs, and reimbursed to him accordingly. | |
| IX. The valuers shall make known in every case, to any person requiring the same, before or at the sale, the valuation by them made of the goods or other estate taken in execution. | |
| X. Upon actual sale of any property under this or the said recited act, no principal debtor shall become the security. | |
| XI. The commissioners shall not be summoned upon any fieri facias, the debt or damages whereof do not exceed ten pounds, unless the defendant, his agent, attorney, or other legal representative shall require the same; and where the commissioners shall not be summoned, and the debt or damages shall not exceed the sum aforesaid, the sale shall proceed and the sheriff shall posses and exercise the same power of valuation, as the commissioners would have possessed and exercised, had they been summoned, but shall receive no reward for such valuation. | |
| XII. And to prevent any doubts which may arise, Be it further enacted, That nothing in this act contained, shall be altered or in any manner affected by the act intituled "An act for establishing district courts and for regulating the general court: | |
| XIII. So much of every act and particularly of the first recited act, as comes within the purview of this act, shall be, and is hereby repealed. |
| CHAP. LXXVIII. An act concerning certain public
establishments. [Passed the 30th of December, 1788.] | |
| I. WHEREAS the operation of the government of the United States will render it unnecessary to maintain several establishments, which at present exist under the laws of this commonwealth; Be it enacted by the General Assembly, That so soon as it shall be notified to the executive by congress, that measures have been by them taken concerning duties or imposts, all laws concerning naval officers, collectors of duties and searchers, and their salaries, and concerning duties and imposts of every denomination whatsoever, shall cease and determine; except the duty of six shillings per hogshead on tobacco exported, reserved for inspection duties. | Naval officer collectors of duties &c discontinued. |
| II. The executive shall, upon receiving such notification, publish the same by proclamation, and shall inform all naval officers, collectors of duties and searchers thereof; the said naval officers, collectors of duties and searchers, shall thereupon make up their accounts at the end of the succeeding quarter, subject in case of failure to the same mode of recovery with other public debtors; and shall deliver up all their books and papers of office to the solicitor or his order, and he is hereby required to cause them to be brought to his office, and to be there duly preserved at public expence. | |
| III. The executive shall also, upon receiving such notification, cause the public boats Liberty and Patriot to be discontinued and sold, and all persons belonging thereto to be paid off and discharged. | Boats Liberty and Patriot to be sold. |
| IV. The executive shall also cause the post at the Point of Fork to be reduced, as far as is consistent with the safety and good order of the arms there deposited. | Fort at Point of Fork reduced. |
| CHAP. LXXIX. | ||
| ||
| [Passed the 30th of December, 1788.] | ||
| I. WHEREAS the United States in congress assembled, did on the
seventh day of July, in the year of our Lord one thousand seven hundred and eighty six, state
certain reasons shewing that a division of the territory which hath been ceded to the said United
States by this commonwealth into states, in conformity to the terms of cession, should the same
be adhered to, would be attended with many inconveniences, and did recommend a revision of the
act of cession, so far as to empower congress to make such a division of the said territory into
distinct and republican states, not more than five, nor less than three in number, as the
situation of that country, and future circumstances might require. And the said United States in congress assembled, hath, in an ordinance for the government of the territory north west of the river Ohio, passed on the thirteenth of July, one thousand seven hundred and eighty-seven, declared the following as one of the articles of compact between the original states and the people and states in the said territory, viz: "That there shall be formed in the said territory not less than three nor more than five states, and the boundaries of the said states, as soon as Virginia shall alter her act of cession, and consent to the same, shall become fixed and established as follows, to wit: The western state in the said territory shall be bounded by the Mississippi, the Ohio, and Wabash rivers; a direct line drawn from the Wabash and post Vincents due north to the territorial line between the United States and Canada; and by the said territorial line to the lake of the Wood and Mississippi: The middle state shall be bounded by the said direct line, the Wabash from post Vincents to the Ohio, by the Ohio by a direct line drawn due north from the mouth of the Great Miami to the said territorial line, and by the said territorial line: the |
Cession of North-western territory, modified. |
| eastern state shall be bounded by the last mentioned direct line, the Ohio, Pennsylvania, and the said territorial line: Provided however, and it is farther understood and declared, that the boundaries of these three states shall be subject so far to be altered, that if congress shall hereafter find it expedient, they shall have authority to form one or two states in that part of the said territory, which lies north of an east and west line drawn through the southerly bend, or extreme of lake Michigan. And whenever any of the said states shall have sixty thousand free inhabitants therein, such state shall be admitted by its delegates into the congress of the United States, on an equal footing with the original states in all respects whatsoever, and shall be at liberty to form a permanent constitution and state government; Provided, the constitution and government so to be formed, shall be republican, and in conformity to the principles contained in these articles, and so far as it can be consistent with the general interest of the confederacy, such admission shall be allowed at an earlier period, and when there may be a less number of free inhabitants in the state than sixty thousand:" And it is expedient that this commonwealth do assent to the proposed alteration, so as to ratify and confirm the said article of compact between the original states and the people and states in the said territory; Be it therefore enacted by the General Assembly, that the afore recited article of compact between the original states and the people, and states in the territory north west of Ohio river, be, and the same is, hereby ratified and confirmed; any thing to the contrary, in the deed of cession of the said territory by this commonwealth to the United States, notwithstanding. | |
| CHAP. LXXX. An act to amend the several laws for appropriating the public revenue. [Passed the 29th of December 1788.] | |
| I. FOR appropriating the arrearages of revenue due for former years, and the revenue of the present year, | Appropriation laws amended. |
| Be it enacted by the General Assembly, That all arrearages which became due any time before the first day of November, in the year one thousand seven hundred and eighty-seven, under any act of the general assembly whatsoever, shall still constitute the aggregate fund. The said aggregate fund shall stand charged with the payment of any sum of money, or quantity of tobacco, coming within the following descriptions, that is to say: First, All warrants which have been issued by the auditor or auditors on or before the thirty-first day of December, one thousand seven hundred and eighty-seven, and all votes of the general assembly for the payment of money or tobacco, which passed during any session prior to that of October, one thousand seven hundred and eighty-seven; provided that such warrants or votes have been charged on any of the branches of revenue arising from the taxes so constituting the aggregate fund as aforesaid. Second, All votes of the general assembly for the payment of money or tobacco, passed during the October session, one thousand seven hundred and eighty-seven, and not otherwise specially provided for. Third, All debts due to any agent of the commonwealth for providing arms, cloathing, or other necessaries, and whose accounts have been settled, or shall be settled, in the manner hereinafter prescribed by the executive, or any persons legally authorised to make such settlement. Fourth, All debts due to any persons for goods, wares or merchandises, supplied to the said agents, or any of them, on public account, and who, either have credit for the same on the public books of such agents, or any of them, or whose accounts shall be settled in the manner hereinafter prescribed by the executive, or any persons legally authorised to make such settlement. Fifth, All warrants already issued and placed by the executive on the aggregate fund in pursuance of the thirteenth section of the act, intituled, "An act to amend the laws of revenue, to provide for the support of civil government, and the gradual redemption of the debts due by this commonwealth." Sixth, All warrants hereafter to be issued by the auditor of public accounts, not coming within any of the descriptions aforesaid, for debts contracted prior to the first day of January, one thousand seven hundred and eighty-eight, and for which no funds have been assigned, |
| but which the executive, having regard to the merits and dignity of the claim, shall think it proper and necessary to place on the said aggregate fund. Seventh, All votes of the general assembly passed before the present session, and not coming within any of the foregoing description of votes, for which no funds have been assigned, but which the executive, having regard to the merits and dignity thereof, shall think it proper and necessary to place on the said aggregate fund. | |
| II. And whereas it appears there will be a considerable surplus of the revenues appropriated to the aggregate fund, beyond what may be necessary to make good the special appropriations charged thereon; Be it enacted, that one tenth part of all the arrearages of taxes, which have become due prior to the first day of November, one thousand seven hundred and eighty-nine, shall, as the several payment s may be hereafter made into the treasury, be set apart for the use of the sinking fund, such proportion to be taken in money, or tobacco at the price the same shall be paid into the treasury, and disposed of by the executive, in such manner as the governor, with advice of council, may think proper for the benefit of the said fund, in any of the public securities of this state, or of the United States. Second, The executive shall cause any unsettled claim, debt or demand, as aforesaid, to be fairly settled and adjusted, shall take such means as to them shall seem proper for establishing the just value in money of all demands for tobacco, the value whereof hath not been heretofore established, and shall direct the auditor to issue warrants on the aggregate fund, for any of the purposes aforesaid, for which warrants have not already issued. Third, On all warrants already issued on the aggregate fund, the treasurer shall, if required, endorse that the same are payable, and will be received, at the treasury, in discharge of any specie tax, which became due before the first day of November, one thousand seven hundred and eighty-seven. The auditor shall insert in all warrants to be issued as aforesaid, that the same are payable, and will be received at, the treasury in discharge of any specie tax which became due before the first day of November, one thousand seven hundred and eighty-seven. Fourth, And every such warrant endorsed by the treasurer, as aforesaid, or in which the auditor shall |
| have inserted, as aforesaid, together with all warrants which now are, or shall in this act be declared receivable for any taxes becoming due on or before the said first day of November, one thousand seven hundred and eighty-seven, shall be received as specie by the several sheriffs and collectors within this commonwealth, for any specie tax, which became due before the said first day of November, one thousand seven hundred and eighty-seven. And the said sheriffs and collectors shall account for their several collections of the said taxes, in the same manner, and under the like regulations, as are prescribed in the act passed the first day of December, one thousand seven hundred and eighty-seven, intituled, "An act declaring tobacco receivable in payment of certain taxes for the year one thousand seven hundred and eighty-seven;" Provided, that nothing herein contained shall be construed to affect the taxes to be paid to, or collected by, the clerks of the several courts. Fifth, And should warrants chargeable upon taxes becoming due on or after the first day of November, one thousand seven hundred and eighty-seven, be received for taxes which, became due before the said first of November, one thousand seven hundred and eighty seven, the deficiency, which may be occasioned thereby in the aggregate fund, shall be replaced whenever the same shall become necessary, out of the funds upon which the warrants so received were charged. Sixth, | |
| III. And be it further enacted, That the revenue which became due on the first day of November, one thousand seven hundred and eighty-seven, and all the branches of revenue arising between that day and the first day of November, one thousand seven hundred and eighty-eight, and not consisting of duties on tonnage, or merchandise imported, or on tobacco exported, shall be appropriated as follows, that is to say: The same appropriations shall remain as were made by the aforerecited act, intituled, "An act to amend the laws of revenue, to provide for the support of civil government, and the gradual redemption of all debts due by this commonwealth;" except that in lieu of the payments directed thereby to be made under the several existing requisitions of congress, the sum of five hundred thousand dollars, accruing to this commonwealth, upon the settlement of the Illinois accounts, |
| shall go towards the satisfaction of such requisitions: And except also, that the sum of six thousand pounds directed to be applied annually to the purchase of arms and ammunition, shall not be so appleid. Any surplus, arising from the revenues last mentioned, shall go in aid of the sinking fund. Seventh, | |
| IV. And be it further enacted, That the revenue which became due on the first day of November, one thousand seven hundred and eighty-eighty, and all other branches of revenue arising between that day, and the first day of November, one thousand seven hundred and eighty-nine, and not consisting of tonnage, duties or imposts on tobacco, shall be appropriated as follows: First, All the money arising from the slave tax shall be applied to the payment of the interest due, or hereafter to become due, on the certificates granted to the officers and soldiers of the Virginia line, both land and naval, on continental and state establishment, and in aid of the said slave tax, one half of the money arising from the tax on lands and unimproved lots, shall also be appropriated to the payment of the said interest. Second. The residue of the money arising from the tax on lands and unimproved lots, the surplusage of the taxes appropriated for the military debt, together with all the money arising on taxable property, shall constitute a general fund, which shall be charged with the payment of any sum of money comint within the following descriptions, that is to say: First, Warrants or certificates for pensions, becoming due after the thirty-first day of December, one thousand seven hundred and eighty-eight. Second, Warrants issued for the contingent expences of government, as far as ten thousand pounds, after the thirty-first day of December, one thousand seven hundred and eighty-eight. Third, Warrants issued for the interest of the loan-office debt, arising after the thirty-first day of December, one thousand seven hundred and eighty-eight. Fourths, Warrants issued for the interest arising on paper money of this state funded after the thirty-first day of December, one thousand seven hundred and eighty-eight. Fifth, Warrants issued for the services of scouts and rangers. Sixth, warrants issued after the thirty-first of December, one thousand seven hundred and eighty-eight, to venire-men, witnesses, and apprehenders of horse-stealers; to persons entitled to |
| the valuation of slaves executed; for the use of the Potowmack and James river companies; the post at the Point of Fork, and the lunatic hospital. Seventh, Warrants issued after the thirty-first of December, one thousand seven hundred and eighty-eight, for the wages and salaries of the officers of civil government, including the general assembly: Any surplus to go to the sinking fund. The money arising from the tax on law process, recording of wills and deeds, the seal of the commonwealth, and the register's office, after the first day of November, one thousand seven hundred and eighty-eight, shall be appropriated to the payment of the salaries and allowances to the judges of the superior courts: Any surplus to go to the sinking fund. The money arising from the act, intituled, "An act imposing new taxes," shall be appropriated to the wages and salaries of the officers of civil government: Any surplus to go to the sinking fund. Any warrants heretofore issued, or which shall hereafter issue, for the salaries of the offices of civil goverment; for interest on the certificates granted to the officers and soldiers, land and naval, on continental and state establishment, for their arrears of pay and depreciation; for pensions; for the contingent expences of goverment; for the interest of the state loan office debt, and of the paper money of this state funded; to venire-men and witnesses in criminal prosecutions; to apprehenders of horse-stealers; for slaves executed; for the shares in the Potowmack and James river companies; for the post at the Point of Fork, and the lunatic hospital; shall be receivable as specie in discharge of any of the taxes which became due on the first day of November, one thousand seven hundred and eighty-eight, or which shall become due before the first day of November, one thousand seven hundred and eighty-nine; and the several sheriffs and collectors, upon the payment thereof into the treasury, shall have credit for the same accordingly. Provided, That nothing herein contained, shall be construed to affect the taxes to be paid to, and collected by, the clerks of the several courts. | |
| V. But insasmuch as the funds in this act assigned for the payment of the wages and salaries to the officers of civil government, the post at the Point of Fork, the lunatic hospital, the scouts and rangers, and the shares in the James river and Potowmack companies, |
| may not be productive early enough for those purposes respectively, Be it enacted, That if the said funds should not be productive as aforesaid, it shall be lawful for the productive as aforesaid, it shall be lawful for the executive to direct the treasurer to borrow the same out of any other fund, and to replace the money so borrowed as soon as possible, retaining a sum sufficient for the discharge of the salaries of the judges, in preference to every other payment charged on the said fund; provided they shall be of opinion that any deficiency will accrue in the funds assigned for that purpose. | |
| VI. And be it further enacted, That all the revenue arising from the duties arising from tonnage, and merchandise imported, and tobacco exported, shall remain appropriated as heretofore, until the cessation thereof under the authority of this commonwealth: and should there be any surplus, the same shall go in aid of the sinking fund. | |
| VII. And that the said fund may receive every possible increase, Be it further enacted, that the executive shall cause warrants to be issued for the interest accruing on all military certificates, which heretofore have, or hereafter shall, by any means come into the treasury; and that they direct the said warrants to be applied to the purposes of the sinking fund in such manner as to them shall seem best. Warrants heretofore granted to the foreign creditors, by order of the executive, and charged upon the impost, shall be admitted in payment of any bonds for duties on goods imported, except the duties on tonnage, and the duty of two per cent, on merchandise imported in vessels belonging to subjects or citizens of any state or power not in commercial treaty with the United States. The tobacco destroyed by fire in Byrd's warehouse shall be paid, agreeable to the report to the commissioners appointed to ascertain the loss, out of the money arising from the surplus of the inspection of tobacco, in such dividends as the state of the treasury will, in the opinion of the treasurer, admit. | |
| VIII. So much of all and every act and acts, as comes within the purview of this act, shall be, and is, hereby repealed. |
| CHAP. LXXXI. | ||
| ||
| [Passed the 29th of December 1788.] | ||
| I. WHEREAS it is represented to this general assembly, that it is the desire of the good people in the district of Kentucky, that the same should be separated from this commonwealth whereof it is a part, and formed into an independent member of the American confederacy; and it is judged that such partition of the commonwealth is rendered expedient, by the remote situation of the more fertile and populous part of the said district, and by the interjacent natural impediments to a convenient and regular communication therewith: Be it enacted by the General Assembly, that in the month of May next, on the respective court days of the counties within the said district, and at the respective places of holding courts therein, representatives, to continue in an appointment for one year, and to compose a convention with the posers and for the purposes hereinafter mentioned, shall be elected by the free male inhabitants of each county above the age of twenty one years, in like manner as delegates to the general assembly have been elected within the said district, in the proportions following: In the county of Jefferson, shall be elected five representatives; in the county of Nelson, five representatives; in the county of Fayette, five representatives; in the county of Bourbon, five representatives; in the county of Mercer, five representatives; in the county of Lincoln, five representatives; in the county of Madison, five representatives; in the county of Woodford, five representatives; and in the county of Mason, five representatives; Provided, that no free male inhabitant above the age of twenty-one years shall vote in any other except the county in which he resides. That full opportunity may be given to the good people of exercising their right of suffrage on an occasion so interesting to them, each of the officers holding such elections shall continue the same from day to day, passing over Sunday, for five | Further provision for erection of district of Kentucky into an independent state. |
| days, including the first day; and shall cause this act to be read on each day immediately preceding the opening of the election, at the door of the courthouse, or other convenient place. Each of the said officer shall deliver to each person duly elected a representative, a certificate of his election, and shall moreover transmit a general return to the clerk of the supreme court, to be by him laid before the convention. For every neglect of any of the duties hereby enjoined on such officer, he shall forfeit one hundred pounds, to be recovered by action of debt, by any person suing for the same. The said convention shall be held at Danville, on the twentieth day of July next, and shall and may proceed, after chosing a president, and other proper officers, and settling the proper rules of proceeding, to consider and determine whether it be expedient for, and be the will of, the good people of the said district, that the same be erected into an independent state, on the terms and conditions following: (First) That the boundary between the proposed state and Virginia shall remain the same as at present separates the district from the residue of the commonweaith: (Second) That the proposed state shall take upon itself a just proportion of the public and domestic debt of this commonwealth: (Third) That all private rights and interests in lands within the said district, derived from the laws of Virginia prior to such separation, shall remain valid and secure under the laws of the proposed state, and shall be determined by the laws now existing in this state: (Fourth) That the lands within the proposed state of non-resident proprietors shall not in any case be taxed higher than the lands of residents at any time prior to the admission of the proposed state to a vote by its delegates in congress, where such non-residents reside in this commonwealth, within which this stipulation shall be reciprocal; or where such non-residents reside within any other of the United States, which shall declare the same to be reciprocal within its limits, nor shall a neglect of cultivation or improvement of any land within either the proposed state or this commonwealth, belonging to non-residents, citizens of the other, subject such non-residents to forfeiture or other penalty within the term of six years after | Conditions.
|
| the admission of the said state into the federal union: (Fifth) That no grant of land, nor land-warrant to be issued by the proposed state, shall interfere with any warrant heretofore issued from the land-office of Virginia, which shall be located or laid within the said district, now liable thereto on or before the first day of September, one thousand seven hundred and ninety. (Sixth) That the unlocated lands within the said district, which stand appropriated by the laws of this commonwealth to individuals, or descriptions of individuals, for military or other services, shall be exempt from the disposition of the proposed state, and shall remain subject to be disposed of by the commonwealth of Virginia, according to such appropriation, until the congress of the United States shall receive the proposed state into the federal union; and thereafter the residue of all lands remaining within the limits of the said district shall be subject to the disposition of the proposed state; saving and reserving to the officers and solders of the Virginia lines, on state and continental establishment, their representatives and assignees, their rights to lands under the several donations of this commonwealth, who shall not be restrained or limited as to time in making their respective locations, or compleating their surveys by any thing in this act contained, nor by any act of the proposed state, without the future consent of the legislature of Virginia. (Seventh) That the use and navigation of the river Ohio, so far as the territory of the proposed state, or the territory which shall remain within the limits of this commonwealth lies thereon, shall be free and common to the citizens of the United States Provided however, that five members assembled shall be a sufficient number to adjourn from day to day, and to issue writs for supplying vacancies which may happen from deaths, resignations, or refusals to act; a majority of the whole shall be a sufficient number to choose a president, settle the proper rules of proceeding, authorise any number to summon a convention during a recess, and to act in all other instances where a greater number is not expressly required; two thirds of the whole shall be a sufficient number to determine on the expediency of forming the said district into an independent state on the aforesaid terms and conditions; provided that a majority of the whole number to be elected concur therein. |
| II. And be it further enacted, that if the said convention shall approve of the erection of the said district into an independent state, on the foregoing terms and conditions, they shall and may proceed to fix a day posterior to the first day of November, one thousand seven hundred and ninety, on which the authority of this commonwealth and of its laws, under the exceptions aforesaid, shall cease and determine forever over the proposed state, and the said articles become a solemn compact mutually binding on the parties, and unalterable by either, without the consent of the other. Provided however, that prior to the first day of September, one thousand seven hundred and ninety, the congress of the United States shall assent to the erection of the said district into an independent state, and shall agree that the proposed state shall immediately after the day to be fixed as aforesaid, posterior to the first day of September, one thousand seven hundred and ninety, or at some convenient time future thereto, be admitted into the federal union. And to the end that no period of anarchy may happen to the good people of the proposed state, it is to be understood that the said convention shall have authority to take the necessary provisional measures for the election and meeting of a convention at some time prior to the day fixed for the determination of the authority of this commonwealth and of its laws over the said district, and posterior to the first day of September, one thousand seven hundred and ninety, aforesaid, with full power and authority to frame a fundamental constitution of government for the proposed state, and to declare what laws shall be in force therein, until the same shall be abrogated or altered by the legislative authority acting under the constitution so to be framed and established. Provided, that no act of the said convention, or of the legislature of the proposed state, shall invalidate or affect the rights, titles, or interests, of any person, or description of persons, herein before secured or guarded. | |
| III. This act shall be transmitted by the executive to the representatives of this commonwealth in congress, who are hereby instructed to use their endeavours to obtain from congress a speedy act to the effect above specified. |
| CHAP. LXXXII. | ||
| ||
| [Passed the 30th of December, 1788.] | ||
| I. WHEREAS it hath been represented to the present general assembly, that the navigation of Appamattox river might be greatly improved by deepening the channel from Pocahuntas bridge to Broadway, so as to admit large vessels to go up to the town of Petersburg: Be it therefore enacted by the General Assembly, That books shall be opened in the town of Petersburg, on the first day of February next, under the management of Robert Bolling, junior, Joseph Jones, Theodrick Bland, Christopher M'Conico, Thomas Griffin Peachey, James Campbell, Edward Pegram, and William Barksdale, for receiving subscriptions for the purpose of deepening the channel of the said river. The subscriptions shall be made personally or by power of attorney, and shall be in current money, and paid in gold or silver coin at the current value. The capital to be subscribed for the purpose aforesaid, shall be ten thousand pounds, and shall be divided into two hundred shares of the value of fifty pounds each. Any person may subscribe one or more whole shares, but no subscription shall be received for less than one share. | Act for improving navigation of Appamattox river from Broadway to Pocahuntus bridge. | |
| II. So soon as one half of the said capital shall be subscribed, the managers herein before named, shall by advertisement in the Petersburg gazette, call a general meeting of the subscribers at the said town of Petersburg. The subscribers who are present at the said meeting shall choose a president, and four directors, and thereafter the subscribers, their heirs and assigns, shall be incorporated into a company, by the name of the Appamattox company, and by that name may sue and be sued. The president and directors shall continue in office for one year, and from thence until the next meeting of the company; and they, or a majority of them, shall have full power to receive subscriptions until |
| the before mentioned capital is completed: to contract with any persons on behalf of the company to perform such works as they judge necessary for deepening the channel of the said river from Pocahuntas bridge to Broadway, and for keeping the same open: to appoint such officers as they deem necessary to be employed in the service of the company: to call a meeting of the company, when necessary, to receive from the subscribers the sums respectively subscribed by them, at such times, and in such proportions, as they shall judge proper: and to transact all the other business and concerns of the said company. | |
| III. If any member shall fail to pay to the person authorised by the president and directors to receive the same, the proportion of the subscription required of him within one month after such requisition is made in the Petersburg gazette, the said president and directors may recover the same by motion in the general or district court, in the same manner as the president and directors of the James river and Potowmack companies, can recover the arrears due from any member of the said companies. | |
| IV. There shall be a meeting of the said Appamattox companp, [company,] on the first Monday in May in every year, at which members, or their proxies, having one hundred and five shares at the least, shall be present, and at any intermediate meeting, members or proxies, having sixty shares, shall be sufficient. | |
| V. If a sufficient number of members be not present on the first day; the meeting may be adjourned from day to day, until a sufficient number attend. In counting the votes, each member shall be allowed one vote for every share, as far as ten shares, and one vote for every five shares after ten. The said company at their annual meeting, or at any other meeting called by the president and directors, may call upon them for an account of their proceedings and contracts, for the execution of the plan for deepening the said river, and of the money received and disbursed by them, and may allow them a sum for their services: may displace the said president and directors, or any of them, and appoint others in their stead: may lower the tolls hereinafter allowed them, and may exempt any vessels from the papment [payment] thereof: And shall, after leaving in the hands of the president and directors a sufficient |
| sum for the expences attending the repairs of the said works, and other contingent charges, make an equal dividend of the nett profits arising from the tolls and other profits thereof amongst themselves according to their respective proportions. In consideration of the expences that will be incurred by the said company in deepening the bed of the said river and keeping the same open, the members of the said company, their heirs and assigns, shall be entitled to the tolls herein after mentioned, for ever, as tenants in common, in proportion to their respective shares, and the same shall be deemed real estate, and be for ever exempt from the payment of any tax or imposition whatsoever. | |
| VI. And it shall and may be lawful for the said president and directors, to demand and receive at the place called the Bakehouse, on the said river, or at such other places above that as the said president and directors shall appoint, tolls from vessels drawing upwards of five feet of water, for their passage by or through the said places, according to the following table and rates, to wit: On vessels of five and half feet, three shillings per foot; on vessels of six feet, three shillings and nine pence per foot; on vessels of six and half feet, four shillings and six pence per foot; on vessels of seven feet, five shillings and three pence per foot; on vessels of seven and half feet, six shillings per foot; on vessels of eight feet, six shillings and nine pence per foot; on vessels of eight and half feet, seven shillings and six pence per foot; on vessels of nine feet, nine shillings per foot; on vessels of nine and half feet, eleven shillings and three pence per foot; on vessels of ten feet, fifteen shillings per foot; on vessels over ten feet, and not more than twelve feet, twenty shillings per foot; and on all vessels over twelve feet, one pound five shillings per foot. Which tolls are rated in money, and may be discharged in gold or silver coin at their current value. | |
| VII. The tolls herein before allowed to be demanded and received, shall be paid on condition only, that the said Appamattax company shall make the said river capaple of being navigated in any season, from Broadway to Pocahuntas bridge, by vessels drawing twelve feet water, and in case the company shall not begin the said work within two years after the company shall be formed, and compleat the same within seven |
| years after it is begnn, then the said company shall not be intitled to any benefit or privilege under this act. | |
| VIII. If payment of the said tolls shall be refused, when any vessel from which the same are demandable offers to pass by or through the said places herein before named, the collectors may lawfully refuse to such vessel; and if any such vessel shall pass without paying the said tolls, the master, skipper, or owner of such vessel, shall forfeit and pay to the said Appamattox company, the sum of two ponnds for every foot of water which it may draw; to be recovered on motion and ten days notice, in any court of record within this commonwealth. The said river and the channel thereof when deepened as aforesaid, shall forever be considered and taken as a public highway for the passage of all vessels, and transportation of all commodities, upon payment of the tolls aforesaid; and no other tax or toll shall at any time hereafter be imposed for the use of the water of the said river; but the said river shall nevertheless be subject to such regulations, as may be prescribed by the laws of this state or the United States. The shares in the said company shall to all intents and purposes be held and transferred by the proprietors thereof, in the same manner and on the same conditions, as the shares of the proprietors in the James river and Potowmack companies. | |
| IX. Nothing herein contained shall be construed to prevent vessels drawing less than five and an half feet water, from using and navigating the said river Appamattox, in the same manner as if this act had never been made: Provided always, that nothing herein contained shall be construed to affect the private right of any individual owning a fishery on the said river. |
| CHAP. LXXXIII. An act to punish bribery and extortion. | ||||
I. BE it enacted by the General Assembly, That no treasurer, keeper of any public seal, councillor of state, counsel for the commonwealth, judge, clerk of the peace, sheriff, coroner, escheator, nor any other officer of the commonwealth shall, in time to come, take, in any form, any manner of brokage or reward for doing his office other than is, or shall be, allowed by some act of general assembly passed after the institution of the commonwealth, that is to say, after the fifteenth day of May in the year of our Lord one thousand seven hundred and eighty-six. And he, that doth, shall pay unto the party grieved, the treble value of that he hath received, shall be amerced and imprisoned at the discretion of a jury, and shall be discharged from his office forever. And he will sue in the said matter shall have suit as well for the commonwealth as for himself, and the third part of the amercement. |
Errata in the former publication. Between the words 'judge and 'clerk' in third line are inserted the words 'or attornies at law practising either in the general court, high court of chancery, court of appeals, court of admiralty or inferior courts' which are not in the roll. The word 'other' in the roll after the words 'nor any' is omitted. | |||
| END OF TWELFTH VOLUME. |
| Pages 730-763
| Pages 797-804
|