Pages 66-86 | Pages 111-132 |
CHAP. LXVIII. | ||
| ||
(Passed the 12th of November, 1789.) | ||
BE it enacted by the General Assembly, That it shall be lawful for the trustees of Randolph academy, and they are hereby empowered to raise, by way of lottery, a sum of money, not exceeding one thousand pounds, to be by them applied to the use of the said Academy. | Trustees to raise a sum of money by lottery; How to be applied. | |
CHAP. LXIX. | ||
| ||
(Passed the 9th of December, 1789.) | ||
SECT. 1. BE it enacted by the General Assembly, That fifty acres of land adjoining the courthouse in the county of Madison, the property of Samuel Estill, and the representatives of John Estill, deceased, shall be, and they are hereby vested in Green Clay, John Miller, William Irvine, Archibald Woods, James Barnett, George Adams, Michael M'Neeley, James French and Robert Rhodes, gentlemen, trustees, to be by them, or a majority of them, laid off into lots of half an acre each with convenient streets, and established a town by the name of Milford. | Towns of Milford, in Madison county; Milton, in Albemarle; and Hopewell, in Bourbon, established. | |
SECT. 2. And that one hundred acres of land, the property of Bennett Henderson, lying on Rivanna river, at the place called the Shallows, in the county of Albemarle, shall be and they are hereby vested in Wilson Cary Nicholas, Francis Walker, Edward Carter, Charles Lilburn Lewis, William Clark, Howel Lewis and Edward Moore, gentlemen, trustees, to be by them, or a majority of them laid off into lots of half an acres each with convenient streets, and established a town by the name of Milton. |
SECT. 3. So soon as the said lands shall respectively be laid off into lots, the trustees of each or a majority of them, shall proceed to sell the same at public auction, for the best price that can be had, the time and place of the sale of the lots in the town of Milford, shall be previously advertised two months in the Kentuckey Gazette, the sale of the lots in the said town of Milton shall be previously advertised two months in the Virginia Gazette; the purchasers to hold the said lots respectively subject to the condition to 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 to convey the said lots to the purchasers thereof in fee subject to the condition aforesaid. | |
SECT. 4. The trustees of the said town of Milford shall pay the money arising from the sale of the said lots to the said Samuel Estill, or his legal representatives, and the representatives of the said John Estill deceased, in such proportions as he or they shall respectively be entitled to receive the same; and the trustees of the said town of Milton shall pay the money arising from the sale of the said lots to the said Bennett Henderson or his legal representatives. | |
SECT. 5. And be it further enacted, that two hundred and fifty acres of land at the court-house of the county of Bourbon, as the same are laid off into lots and streets by Lawrence Sprotsman, the proprietor thereof, shall be established a town by the name of Hopewell, and that Notley Conn, Charles Smith, jun. John Edwards, James Garrard, Edward Waller, Thomas West, James Lanier, James Little and James Duncan, gentlemen, are hereby constituted trustees thereof. | |
SECT. 6. The trustees of the said towns respectively or a majority of them, are authorised to make such rules and orders for the regular building of houses thereon as to them shall appear proper. | |
SECT. 7. So soon as the purchasers of lots in the said towns shall have built thereon a house, sixteen feet square at the least, with a brick or stone chimney, such purchasers shall then be entitled to and have and enjoy all the rights, privileges and immunities which the free-holders and inhabitants of other towns in this state, not incorporated, hold and enjoy. | |
SECT. 8. If the purchaser of any lot in the said |
towns of Milford or Milton, shall fail to build thereon within the time herein before limited for that purpose, the trustees of the said town where such failure shall happen, may thereupon enter into such lot and sell the same again, and apply the money for the benefit of the inhabitants of the said town. | ||
CHAP. LXX. | ||
| ||
(Passed the 14th of November, 1789.) | ||
SECT. 1. BE it enacted by the General Assembly, That the trustees of the town of Staunton, in the county of Augusta, or a majority of them being assembled, shall and they are hereby empowered, to levy and assess on the male tithables of the said town annually, a sum not exceeding two shillings for each tithable person, and to appoint a collector of the said tax. | The trustees to levy a sum of money annually on the male tithables of the town; | |
SECT. 2. If any person on whom such tax shall be assessed, shall neglect or refuse to pay the same at the time appointed for the payment thereof, it shall be lawful for the collector to levy the same by distress and sale of the delinquent's goods, in like manner as is directed and prescribed for the non payment of county levies. | How to be collected; | |
SECT. 3. The collector of the said tax before he undertakes the same, shall give bond with sufficient security in a reasonable penalty, payable to the said trustees for the due collection and payment thereof; and in case of failure, shall be liable in the same manner, under the like penalty, and same mode of recovery, as the collectors of the county levies are by law made liable. | The collector to give bond and security for duly collecting and accounting for the money. | |
SECT. 4. The trustees of the said town or a majority of them, shall annually apply the money arising from the said tax towards repairing the streets and aquæducts in the said town; and if they shall neglect or refuse to apply the said taxes when collected, to the purposes aforesaid, he or they so offending, shall forfeit and pay the sum of fifty pounds to the informer, to be recovered with costs upon motion, in any court of record; Provided, the | To what purposes it is to be applied; Penalty on the trustees for failing so to apply it. |
party shall have ten days previous notice of such motion. | ||
SECT. 5. Provided always, That it shall be lawful for any person subject to the payment of the said tax, to discharge the same by personal labour, at the usual rates per day, on the streets of aquæducts in the said town. | Persons subject to the tax may discharge it by personal labour; | |
SECT. 6. And be it further enacted, That if any swine belonging to an inhabitant of the said town, shall be found running at large within the limits thereof, it shall be lawful for any person to kill and destroy such swine running at large; Provided always, that the person killing such swine, shall not convert the same to his or her own use, but leave the same where it shall be so killed, and give immediate notice thereof to the owner, if known, and if not, then to the next justice of the peace, who may order the same to the use of any poor person; Provided also, that nothing herein contained, shall be deemed or taken to hinder any person from driving swine to or through the said town or limits thereof, in order to sell the same, or in their removal from one plantation to another. | Swine belonging to the inhabitants not to run at large. | |
CHAP. LXXI. | ||
| ||
(Passed the 4th of December, 1789.) | ||
SECT. 1. BE it enacted by the General Assembly, That Isaac Parsons, Isaac Miller, Andrew Wodrow, Stephen Colvin, Jonathan Pursell, Nicholas Casey, William M'Guire, Perez Drew and James Murphy, gentlemen, shall be and they are hereby constituted and appointed trustees of the town of Romney, in the county of Hampshire; and that they or any five of them shall have the power and authority to settle all disputes relative to the lots in the said town, and also to open and clear the streets and lanes in the said town, agreeable to the original plan and survey thereof. | Certain person appointed trustees of Romney; Their power; |
SECT. 2. And be it further enacted, That Buckner Thruston, James Wilkinson, Michael Lacassagne, Alexander Scott Bullitt, Benjamin Sebastian, John Felty, Jacob Reager, James Patton, Samuel Kirby, Benjamin Erickson and Benjamin Johnson, gentlemen, shall be and they are hereby constituted and appointed trustees of the town of Louisville, in the county of Jefferson, in addition to those heretofore appointed; and it shall be lawful for any seven of the trustees of the said town of Louisville, to proceed in the execution of the act for establishing the said town, any law to the contrary thereof notwithstanding. | Certain persons added to the trustees of the town of Louisville;
Their power. | |
CHAP. LXXII. | ||
| ||
(Passed the 9th of December, 1789.) | ||
SECT. 1. WHEREAS it is represented to this present general assembly, that the mode directed by law for appointing trustees of the Winchester academy, is found from experience highly inconvenient; Be it enacted by the General Assembly, that the trustees to be appointed pursuant to the act intitled "An act for incorporating the trustees of the Winchester academy," on the first Monday in February next, shall be and remain trustees of the said academy until they shall be removed by death, resignation, inability or refusal to act; and that upon the death, resignation, inability or refusal to act of any one or more of the said trustees or their successors, those remaining, or a majority of them, shall at their next meeting proceed by ballot to supply such vacancy. | Preamble; Trustees to continue in office, until removed by death, resignation, &c. Vacancies, how to be supplied. | |
SECT. 2. And for the better support of the said academy, Be it further enacted, that whatsoever right hath heretofore vested in this Commonwealth by way of escheat or forfeiture in a certain lot or half acres of ground in the town of Winchester, of which a certain Adolph Strole died seized; one certain tract or parcel of land | Certain escheated lands granted to them, |
situate, lying and being in the county of Frederick, containing two hundred acres, of which a certain James Hamilton died seized; one other tract or parcel of land situate in the said county of Frederick, containing five hundred and twenty acres, late the property of a certain Thomas Spear, together with all and singular the appurtenances to the said lot of ground, and the said two several tracts of land belonging, shall be and the same is hereby vested in the trustees of the said academy and their successors, to be by them disposed to in such manner as they may judge most conducive to the interest of the same, and the purposes of its institution. | to be disposed of for the benefit of the academy. |
SECT. 3. And it shall and may be lawful for the said trustees and their successors, by the stile and title of the Trustees of the Winchester Academy, to institute or commence any legal process or suit, and to prosecute the same to final judgment and execution, or to sue and implead, or be sued and impleaded, touching and concerning the said lot and tracts of land, in the same manner as the Commonwealth might sue and implead, or be sued and impleaded in case this act had never been passed. | Trustees may institute any legal process or suit for the said lands; |
SECT. 4. Saving to every person and persons, bodies politic and corporate, other than the Commonwealth, any rights legal or equitable which they may have in or to the said lot of ground, or either of the said tracts of land, in the same manner as if such escheat or forfeiture had not taken place. | Reservation of the rights of all claimants, other than the Commonwealth. |
CHAP. LXXIII. | |
(Passed the 9th OF December, 1789.) | |
SECT. 1. FOR incorporating the academy at the court-house in the county of Fauquier, Be it enacted by the General Assembly, that William Edmonds, Robert Randolph, Martin Pickett, Francis Whiting, Edward Digges, Thomas Digges, Gustavus Brown Horner, William Pickett, John Blackwell, jun. Elias Edmonds | Trustees incorporated, |
and William Stewart, gentlemen, and those hereafter to be elected, and their successors for ever, are hereby made and constituted a body corporate and politic, by the name of the Trustees of Warren Academy; they shall have power and capacity to purchase, receive and possess lands and tenements, goods and chattels, either in fee or any lesser estate therein, and the same to grant, let, sell, or assign; and to plead, and be impleaded, prosecute and defend all causes in law or equity: they shall choose a president and secretary out of their own body; and in case of vacancy by death or otherwise of any one or more of the said trustees, the same shall be supplied by a majority of the remaining trustees. | Vacancies, how supplied; | |
SECT. 2. The said trustees, or a majority of them, when assembled, shall have power to make such bye-laws and ordinances as they shall think best for the good government of the said academy, and to perform and to any act respecting the property vested therein; provided such bye-laws and ordinances shall not be inconsistent with the laws and constitution of this Commonwealth. | Empowered to make bye-laws and to dispose of the property of the academy; | |
SECT. 3. And be it further enacted, That the lands conveyed to the former trustees of the said academy, by Richard Henry Lee, esquire, shall be vested in the trustees aforesaid, as effectually as if such conveyance had been made and executed to them after the passing of this act. | Certain lands granted to former trustees, vested in the present; | |
SECT. 4. It shall be lawful for the said trustees to raise by way of lottery, a sum of money not exceeding five hundred pounds, to be by them applied to and for the use of the said academy. | May raise money by a lottery; How to be applied. | |
CHAP. LXXIV. | ||
| ||
(Passed the 9th of December, 1789.) | ||
BE it enacted by the General Assembly, That it shall be lawful for the trustees of the Fredericksburg academy, to raise by way of lottery, and in one or more lotteries, a sum of money not exceeding four thousand pounds, | Trustees to raise a sum of money by lottery; |
to be by the said trustees applied towards defraying the expence of erecting a building on the academy lands for the purpose of accommodating the professors and students. | How to be applied. | |
CHAP. LXXV. | ||
| ||
(Passed the 9th of December, 1789.) | ||
BE it enacted by the General Assembly, That it shall be lawful for Charles Simms, Charles Lee, Richard Conway, William Hunter, jun. George Gilpin, Philip Marsteller, William Herbert, Robert T. Hooe, Jesse Taylor, William Brown, Thomas Porter, John Fitzgerald, Josiah Watson, Ludwell Lee, Bushrod Washington, William Hunter, sen. and John Dundas, gentlemen, or any nine of them, who are hereby constituted trustees for that purpose, to raise by lottery, a sum of money not exceeding fifteen hundred pounds, and to apply the same towards defraying the expence of paving some of the most frequented streets in the town of Alexandria. | Trustees appointed to raise a sum of money by lottery;
How to be applied. | |
CHAP. LXXVI. | ||
| ||
(Passed the 12th of December, 1789.) | ||
SECT. 1. WHEREAS it hath been represented to the present General Assembly, that John Milstead departed this life in the year one thousand seven hundred and eighty-seven, intestate and without heirs, leaving a personal estate not sufficient for the payment of his debts, and possessed of two small tracts of land lying in the | Preamble, |
county of Greenbrier, which have become escheatable to the Commonwealth, and it is more agreeable to the principles of justice, that the said lands should be applied to the discharge of the debts of the said John Milstead, than that the public should be benefited thereby; Be it therefore enacted, that all the right and interest which the Commonwealth now hath to the said tracts of land, or which may hereafter be established therein by an office to be found, shall be and the same is hereby vested in Hugh Caperton, James Henderson, James Alexander, John Gray, William Maddy and William Thomson, gentlemen trustees, or the survivor or survivors of them: | Interest of the commonwealth in certain escheatable lands vested in trustees; | |
SECT. 2. When the right of the Commonwealth to the said lands shall be fully established, agreeably to the directions of the act intitled "An act concerning escheators," the said trustees, or the survivor or survivors of them, shall when required, by John Hutcheson, and Mathias Kesinger, administrators of the said John Milstead, deceased, sell the said tracts of land for the best price that can be gotten. | To be sold, when and how; | |
SECT. 3. The purchase money for the said lands shall be paid to the said John Hutcheson and Mathias Kesinger, administrators of the goods and chattels of the said John Milstead deceased, to be applied by them in a due course of administration to the discharge of the debts of the said decedent: and in case there should be any surplus after paying such debts, the same shall by the said administrators be paid into the public treasury. | Purchase money, to whom to be paid, and how to be applied. | |
SECT. 4. Saving however to all persons and bodies politic and corporate, other than those claiming under the Commonwealth, all legal or equitable rights, which they might have asserted to the said lands or any part thereof. | Rights of all other claimants save. | |
CHAP. LXXVII. | ||
| ||
(Passed the 14th of December, 1789.) | ||
SECT. 1. WHEREAS Robert Read late of the county of Augusta died intestate and without issue, leaving | Preamble. |
Margaret Read his widow and relict; And whereas, it has been represented, that the heir at law of the said Robert Read is an alien, whereby the real estate whereof he died seized, is escheatable to the Commonwealth; and the said Margaret Read having petitioned this Assembly, that the same may be vested in her: Be it therefore enacted by the General Assembly, that all the right, title, interest claim and demand which now exists in the Commonwealth, or upon any office hereafter to be found, shall be established therein, shall pass, descend and be vested in the said Margaret Read and her heirs in fee simple. | Interest of the Commonwealth in the estate of Robert Read, vested in his widow: |
SECT. 2. Saving nevertheless, the rights legal and equitable of all and every person and persons, bodies politic, or corporate, except of the Commonwealth and those claiming under it, in and to the said real estate, and every part thereof. | Rights of all claimants, others than the Commonwealth saved. |
CHAP. LXXVIII. An act releasing the escheat accruing on the death of James Edzar the younger. (Passed the 10th of December, 1789.) | |
SECT. 1. WHEREAS James Edzar the younger deceased was in his life time seized in fee simple of two tracts of land lying in the counties of Stafford and Orange, which descended to him as heir at law of his father James Edzar the elder, who died intestate; And it is represented to this present General Assembly, that the said James Edzar the younger also departed this life intestate and without leaving any person capable of inheriting the said lands, and that William Edzar would, but for the impediment of half blood have been the heir of the said James Edzar the younger: Be it enacted by the General Assembly, that all the right, title interest, claim and demand, which now exists in the Commonwealth, or upon any office hereafter to be found, shall be established therein, shall pass, descend, and be vested in the said William Edzar, and his heirs in fee simple. | Preamble. Interest of the Commonwealth in certain escheatable lands, vested in William Edzar. |
SECT. 2. Saving however to the widow of the said James Edzar the elder, her dower in the said lands, and to all other persons, and bodies politic, and corporate, other than those claiming under the Commonwealth, all legal or equitable rights which they might have asserted to the said lands, if no defect of heritable blood had taken place. | Rights of all other claimants saved. |
CHAP. LXXIX. An act concerning the marriage of Anne Dantignac. (Passed the 19th of December, 1789.) | |
SECT. 1. WHEREAS a marriage was solemnized in the month of September, in the year of our Lord one thousand seven hundred and eighty, between John Dantignac then of Colchester, in the county of Fairfax, and Anne Peachy of the county of Prince William; And whereas it has been represented to this Assembly, that soon after the marriage took effect, he began, and so long as they lived together continued to treat his wife in a cruel and inhuman manner; That in the month of July in the year one thousand seven hundred and eighty-three, he departed from this state with a declared resolution never to return to it, or to see his wife again, whereby he has abandoned her to the world, and as far as he might has relinquished the character and duties of a husband; That he has not since discovered any disposition to resume his former connexion with the said Anne, but has lived with another woman in adultery; Be it therefore enacted, that it shall and may be lawful for the said Anne to sue out of the office of the general court a writ against the said John Dantignac, which writ shall be framed by the clerk, shall express the nature of the case, and shall be published for eight weeks successively in some one of the public papers, whereupon the plaintiff may file her declaration in the said cause, and the defendant may appear and plead to issue in which case, or if he does not appear within two months after such publication, it shall be set for trial by the clerk on some day in the succeeding court, but may for good | Preamble. Writ to be sued out of the General Court by Anne Dantignac against her husband; Proceedings thereupon; |
cause shewn to the court be continued until the succeeding term. | |
SECT. 2. Commissions to take depositions and subpænas to summon witnesses shall issue as in other cases. | |
SECT. 3. Notice of taking depositions published in some one of the public papers shall be sufficient. | |
SECT. 4. A jury shall be summoned, who shall be sworn well and truly to enquire into the allegations contained in the declaration or to try the issue joined as the case may be, and shall find a verdict according to the usual mode: and if the jury in case of issue joined shall find for the plaintiff, or in case of enquiry into the truth of the allegations contained in the declaration, shall find in substance that the defendant hath abused and deserted the plaintiff, and that he hath lived in adultery with another woman, the said verdict shall be recorded, and thereupon the marriage between the said John and Anne shall be totally dissolved; the power of the said John over the person and property of the said Anne shall intirely cease and the said Anne is hereby declared to be from and after recording the said verdict to every intent and purpose a feme dole. | Truth of the plaintiff's allegations, how to be tried;
Verdict of the jury to be recorded; Effects thereof, if in favour of the plaintiff. |
CHAP. LXXX. An act for paying a sum of money to John Cox. (Passed the 18th of December, 1789.) | |
SECT. 1. WHEREAS it is represented that the escheator of Dinwiddie county some time in the year one thousand seven hundred and seventy-nine, sold a lot of land lying in the town of Petersburg, as the property of Joseph Elam a British subject, and that Peter Randolph esquire became the purchaser thereof, who afterwards sold the same to a certain John Cox for a valuable consideration; And whereas it is also represented that since the sale, an ejectment has been brought by Erasmus Gill and Sarah his wife for the said lot of land, who have obtained a judgment for the same and have been put in possession thereof; and it is reasonable that | Preamble, |
compensation should be made to the said John Cox by the public for the said lot of land; Be it therefore enacted by the General Assembly, that the auditor of public accounts shall be and he is hereby authorised, to issue a warrant to the said John Cox for one hundred and seventy-eight pounds eleven shillings and five pence, being the value of the purchase money which was paid into the public treasury for the sale of the said lot of land, and that an interest of six per centum per annum, shall be allowed thereon to be computed from the fifteenth day of August one thousand seven hundred and eighty till payment. | Sum of money to be paid to John Cox, with interest. | |
SECT. 2. Provided, That the said John Cox shall give bond with security and in a penalty to be approved by the executive for restoring the money so to be paid to him as aforesaid, in case the Commonwealth shall hereafter establish a right to demand the same upon a reversal of the said judgment in law or equity. | To be refunded, if a judgment obtained against him be reversed. | |
CHAP. LXXXI. | ||
| ||
(Passed the 17th of November, 1789.) | ||
WHEREAS it is represented to the present General Assembly, that John Parke Custis departed this life in the year one thousand seven hundred and eighty-one, leaving Eleanor Custis his widow with four small children, and that the said Eleanor hath since intermarried with a certain David Stuart; And whereas it is also represented, that previous to the death of the said John Parke Custis, he purchased of a certain Robert Alexander, a tract of land lying in the county of Fairfax, for which he was to pay a considerable sum of money, but since the death of the said John Parke Custis, a dispute hath arisen respecting the said contract, and the said Alexander hath agreed to take back the said land upon being paid a reasonable compensation for the use thereof, which will be greatly to the interest of the children of the said John Parke Custis; but as the heir at | Preamble, |
law is an infant of tender years, no contract can be made to bind him, without the interposition of this Assembly, to whom application hath been made for that purpose: Be it therefore enacted be it enacted by the General Assembly, that any agreement or contract which the said David Stuart, by and with the consent of George Washington, esquire, to be expressed under the hand and seal of the said George Washington, esquire, shall make or enter into, respecting the surrendering the said lands to the said Robert Alexander, shall be deemed and taken to be valid and effectual to all intents and purposes. | How, and by whom, a tract of land, purchased by John Parke Custis to be reconveyed to Robert Alexander. | |
CHAP. LXXXII. | ||
| ||
(Passed the 11th of December, 1789.) | ||
SECT. 1. WHEREAS it is represented that Samuel Abbott, a native of Ireland, some years past migrated to this country and became seized and possessed of several valuable lots and houses in the town of Fredericksburg, and hath lately departed this life, leaving two children in Ireland, who are by law incapable of inheriting the said estate, and it is not reasonable that the Commonwealth should derive benefit from a principle of escheat in this particular case: And whereas application hath been made to this Assembly to vest the said estate in trustees to be sold for the use and benefit of the children of the said Samuel Abbott: Be it enacted by the General Assembly, that all the right, title, claim, interest and demand which now exists in the Commonwealth, or upon any office hereafter to be found, shall be established therein to the said estate of the said Samuel Abbott, shall be vested in Charles Mortimer, George French, William Harvey, Benjamin Day and Stephen Lacoste, gentlemen trustees, to be by them, or any three of them, sold for the best price that can be had, giving three months notice of the time and place of sale in the Virginia Gazette. | Preamble, Interest of the Commonwealth in the estate of Samuel Abbott vested in trustees, to be sold, when and how |
SECT. 2. The said trustees shall convey the same to the purchaser or purchasers in fee, and apply the money arising from the sale thereof, in the first place to the payment of the just debts of the said Samuel Abbott, and apportion the residue equally between his children or their legal representatives. | Purchase money, how to be applied. |
CHAP. LXXXIII. An act concerning the escheated property of James Coupland, deceased. (Passed the 12th of November, 1789.) | |
WHEREAS it hath been represented to the present General Assembly, that James Coupland, late of the county of Chesterfield, some time in the year one thousand seven hundred and seventy-two, died intestate, seized of a house and lot in the town of Broadway and some personal estate, leaving his heir at law, a British subject, which real estate escheated to the Commonwealth, and was sold for the sum of twelve hundred pounds in military certificates: And whereas it hath been also represented that David Coupland is the nephew and nearest relation of the said decedent in this country, and that the said David was educated and patronized by the said decedent, who discovered for h im the greatest affection, and frequently declared that he had the affection of a father for him, that he had adopted him as his heir, and would leave him his estate, and also that administration on the said decedent's estate was granted to the said David, who from some unforseen events, hath made himself liable for debts of his intestate, to an amount far exceeding the assets, which have come to his hands to be administered, and it is reasonable that retribution should be made to the said David Coupland: Be it enacted by the General Assembly, that the executive shall be, and they are hereby authorized and empowered to cause to be issued unto the said David Coupland, a warrant on the aggregate fund for the sum of three hundred and thirty pounds, being the value of the military certificates, for which the real estate of the said James Coupland, | Preamble, A sum of money to be paid to David Coupland, out of what fund, |
deceased, was sold, and which escheated to this Commonwealth; to be by him applied in the first instance towards the discharge of the debts of his said intestate, and should any surplus remain in his hands thereafter, that it shall be lawful for the said David Coupland to hold and enjoy the same to and for his own proper use and benefit for ever. | How to be applied by him. |
CHAP. LXXXIV. An act for the purchase and manumitting negro Cæsar. (Passed the 14th of November, 1789.) | |
WHEREAS it is represented to this Assembly, that Mary Tarrant of the county of Elizabeth City, hath her life in a negro named Cæsar, who entered very early into the service of his country, and continued to pilot the armed vessels of this state during the late war; in consideration of which meritorious services it is judged expedient to purchase the freedom of the said Cæsar; Be it enacted by the General Assembly, that the executive shall appoint a proper person to contract with the said Mary Tarrant for the purchase of the said Cæsar, and if they should agree, the person so appointed by the executive shall deliver to the said Mary Tarrant a certificate expressing such purchase and the sum, and upon producing such certificate to the auditor of accounts, he shall issue a warrant for the same to the treasurer, to be by him paid out of the lighthouse fund. And be it further enacted, that from and after the execution of a certificate aforesaid, the said Cæsar shall be manumitted and set free to all intents and purposes. | Preamble, The executive to purchase and manumit Cæsar a negro slave. |
CHAP. LXXXV. An act manumitting two negro men slaves, belonging to the Commonwealth. (Passed the 30th of October, 1789.) | ||
WHEREAS Jack Knight and William Boush, two negro men slaves, belonging to this Commonwealth, have faithfully served on board the armed vessels thereof, for some years past, and the said armed vessels are no longer continued on public establishment; Be it enacted by the General Assembly, that the said Jack Knight and William Boush are hereby manumitted, set free and discharged from servitude, to all intents and purposes. Saving however to all persons and bodies politic and corporate, other than those claiming under the Commonwealth, all legal or equitable rights, which they might have asserted to the said slaves if this act had never been made. | Preamble, Two slaves belonging to the Commonwealth, manumitted. Rights of all claimants, other than the Commonwealth, saved. | |
CHAP. LXXXVI. | ||
| ||
(Passed the 12th of December, 1789.) | ||
SECT. 1. WHEREAS it hath been represented to the present General Assembly, that John Calder departed this life in the year one thousand seven hundred and eighty-two, intestate and without heirs, leaving a personal estate not sufficient for the payment of his debts and possessed of a tract of land in the county of Halifax, which has become escheatable to the Commonwealth, and it is more agreeable to the principles of justice that the said lands should be applied to the discharge of the debts of the said John Calder, than that the public should be benefitted thereby, Be it enacted by the General Assembly, that all of the right and interest which the Commonwealth now hath to the said tract of land, so lying | Preamble, Interest of the Commonwealth, in a |
and being in the county of Halifax as aforesaid, or which may hereafter be established therein by an office to be found, shall be and the same is hereby vested in John Coleman, George Carrington, William Terry, William Thompson, junior, and Henry E. Coleman, gentlemen trustees, or the survivor or survivors of them. | certain tract of land, vested in trustees, | |
SECT. 2. When the right of the Commonwealth to the said land shall be fully established, agreeably to the directions of the act intitled "An act concerning escheators," the said trustees or the survivor or survivors of them, shall, when required by Daniel M'Callum administrator of the said John Calder deceased, sell the said tract of land for the best price that can be gotten. | To be sold, when and how; | |
SECT. 3. The purchase money for the said land shall be paid to the said Daniel M'Callum, administrator of the goods and chattels of the said John Calder deceased to be applied to him in a due course of administration to the discharge of the debts of the said decedent, and in case there should be any surplus after paying such debts, the same shall by the said administrator be paid into the public treasury. | Purchase money, to whom to be paid, and how to be applied; | |
SECT. 4. Saving however to all persons and bodies politic and corporate, other than those claiming under the Commonwealth, all legal or equitable rights which they might have asserted to the said land or any part thereof. | Rights of all claimants other than the Commonwealth, saved. | |
CHAP. LXXXVII. | ||
| ||
(Passed the 1st of December, 1789.) | ||
SECT. 1. WHEREAS James Bullock late of the county of Bedford, died sometime in the year one thousand seven hundred and eighty-four, leaving a widow with five small children, and possessed of ten slaves, five only of whom were labourers and from whose labour his family were supported, since whose death, one of the most valuable | Preamble, |
of the said slaves was before the court of Campbell county convicted of felony and executed, and was valued to the sum of one hundred pounds. And whereas Hannah Bullock, widow and administratrix of the said James Bullock, hath petitioned the General Assembly, to appoint trustees for the purpose of laying out the money aforesaid in the purchase of other slaves, and it is represented that the said James bullock died free from debt. Be it enacted by the General Assembly, that Robert Clark, senior, William Henderson, William Crawford, Christopher Clark and John Trigg, gentlemen, shall be and they are hereby appointed trustees, for the following purposes, that is to say, the said trustees or any three of them, shall immediately upon receipt of this act, demand of the administratrix of the said James Bullock deceased, the amount of the valuation of the salve so executed, and upon the receipt thereof, shall proceed to lay out the same in the purchase of other slaves. | Trustees appointed to lay out a sum of money in the purchase of slaves; | |
SECT. 2. So soon as the said trustees shall have purchased such slaves, they shall be vested in the heir at law and other children of the said James Bullock, in the same manner as the slave so executed as aforesaid was vested in them by law, at the time of his valuation; but all creditors and other persons whatsoever, and especially the said administratrix, shall be at liberty to assert the same right to the slaves so to be purchased as aforesaid, which they or any of them might have asserted to the slave so executed as aforesaid, were he now alive. | To be vested in the children of James Bullock; Rights of creditors and others slaved. | |
CHAP. LXXXVIII. | ||
| ||
(Passed the 4th of December, 1789.) | ||
SECT. 1. WHEREAS it is represented, that a certain Michael Council of the county of Elizabeth-city, departed this life in the year one thousand seven hundred and eighty-four, intestate and without heirs, seized in his demesne as of fee, of part of a lot in the town of Hampton, which is therefor liable to escheat, and the said Michael Council was considerably indebted at the time | Preamble, |
of his death; Be it enacted by the General Assembly, that the escheator of the said county, shall forthwith proceed to take an inquest thereon according to law; and that if an office be found for the Commonwealth, the lot or part of a lot as aforesaid, shall be vested in Miles King, Robert Brough, John Rogers, George Wray, junior, and Charles Jennings, gentlemen trustees, to be by them or any three of them, sold at public auction, after reasonable notice of the time and place of sale, for the best price that can be had at twelve months credit, taking bond with sufficient security, and that the said trustees or any three of them, shall convey the said lot to the purchaser or purchasers in fee simple. | Escheator of Elizabeth City to take an inquest on a certain lot
of land; If found for the Commonwealth to be vested in trustees, to be sold, when and how; | |
SECT. 2. The money arising from the sale of the said lot or part of a lot, shall be applied by the said trustees to the payment of the just debts of the said Michael Council in the first place, and the balance, if any, paid into the public treasury. | Purchase money how to be applied. | |
CHAP. LXXXIX. | ||
| ||
(Passed the 19th of December, 1789.) | ||
SECT. 1. WHEREAS it is represented that William Pennock hath laid out and expended a considerable sum of money in the purchase of carriages and horses, for the purpose of conveying persons and baggage between Richmond and Petersburg, and the said William Pennock hath made application to this Assembly, to grant him the exclusive privilege of conveying persons and their baggage between the aforesaid places for the term of three years, to commence from and after the expiration of the privilege of Richard Towns and John Woolfolk therein, which it is judged reasonable to do: Be it enacted by the General Assembly, that the said William Pennock shall from and after the nineteenth day of December, one thousand seven hundred and ninety, have the sole and exclusive right of conveying for hire, persons in state | Preamble, Exclusive privilege of conveying persons in stages between certain places for a limited time granted to William Pennock. |
carriages between Richmond and Petersburg, and to and from any intermediate place or places for and during the term of three years thence next following: and shall and may demand and take for each passenger three-pence per mile, and three-pence per mile for every hundred and fifty pounds weight of baggage, exceeding fourteen pounds conveyed in the said stage carriages. | Rate for each passenger and baggage. |
SECT. 2. If the said William Pennock by himself or any other shall demand or receive any greater rates than are hereby allowed, he shall forfeit and pay the sum of fifty pounds, to be recovered with costs by action of debt, bill, plaint or information in any court of record, to the use of the party injured. | Penalty for demanding more than the rate, how to be recovered and applied. |
SECT. 3. And if the said William Pennock shall undertake to carry any passenger or baggage to any of the places herein mentioned, or any part of such distance, and shall fail to do so, either by such stage breaking down, or by any other means, he shall refund whatever he may have received, or forfeit what he might be entitled to receive for such service. | To be refunded, in what case; |
SECT. 4. If any person or persons, other than the said William Pennock, his agents or servants, establish or run any stage carriages between the before-mentioned places, or any intermediate place or places, and demand or take directly or indirectly any fee or reward whatsoever for conveying any person or persons, or their baggage, in a stage carriage or carriages between the before-mentioned places, or any intermediate place or places during the term aforesaid, he or they so offending shall forfeit and pay for every stage so run or established, the sum of one hundred pounds, and for every person, or one hundred and fifty pounds of baggage, by him or them so conveyed, the sum of ten pounds, to be recovered with costs, by action of debt, bill, plaint or information, in any court of record, to the use of the said William Pennock. | Penalty on any other conveying persons in such carriages between the same
places. How to be recovered and applied. |
SECT. 5. The said William Pennock shall on or before the first day of May, one thousand seven hundred and ninety-one, enter into bond with sufficient security in the general court, or in the court of the county of Chesterfield, in the sum of one thousand pounds, payable to the governor and his successors, for the use of the Commonwealth, with condition for the due and faithful keeping up the said line of stages for and during the term aforesaid. | Pennock to give bond and security, when and where, and to whom
payable. Condition thereof. |
SECT. 6. And be it further enacted, That the two acts of Assembly, the one intituled "An act giving John Hoomes the exclusive privilege of conveying persons in stage carriages between certain places for a limited time," and the other intituled "An act giving Richard Towns and John Woolfolk the exclusive right of conveying persons in stage carriages to and from certain places for a limited time," shall from and after the expiration thereof respectively, continue and be in force for and during the term of three years thence next following. | Two acts giving like privileges to John Hoomes, and to Richard Towns and John Woolfolk, continued, for what time. | |
SECT. 7. Provided nevertheless, That if the said Towns and Woolfolk, or some other person or persons on their behalf, do not give bond and security according to law, this act shall be void and of none effect, so far as it affects the said William Pennock. | Pennock's privilege to cease if Towns and Woolfolk fail to give bond, &c. | |
CHAP. XC. | ||
| ||
(Passed the 4th of December, 1789.) | ||
SECT. 1. WHEREAS John Blatt late of the county of Fairfax, sometime in the year one thousand seven hundred and eighty-three, become felo de se, whereby his personal estate is subject to forfeiture; and application hath been made to this Assembly to vest such part thereof in Henry Vass of the county of Middlesex, as was left in his possession, which it is reasonable should be done, it being represented, that it was the wish and intention of the said John Blatt, that the same should descend to and be held by the said Henry Vass; Be it enacted by the General Assembly, that all right, title, interest, claim, and demand which now exists in the Commonwealth, or upon any office hereafter to be found, shall be established therein, to the said estate of the said John Blatt deceased, shall be and the same is hereby vested in the said Henry Vass. | Preamble, Interest of the Commonwealth in the personal estate of John Blatt, vested in Henry Vass; | |
SECT. 2. Saving nevertheless the rights legal and equitable of all and every person or persons, bodies politic or corporate, except of the Commonwealth, and those claiming under it, in and to the said personal estate, and every part thereof. | Rights of all other claimants saved. |
IN THE HOUSE OF DELEGATES. | |
December 11, 1789. | |
THE General Assembly of Virginia, considering it as one among the important privileges of the people, that they should have free admission to hear the debates of the Senate as well as the House Representatives, whenever they are exercising their legislative functions; | |
Resolved therefore, That the Senators of this state in the Senate of the United States, be instructed to use their utmost endeavours, to procure the admission of the citizens of the Untied States, to hear the debates of their house, whenever they are sitting in their legislative capacity. | |
December 16, 1789. −− Agreed to by the Senate. |
Pages 66-86 | Pages 111-132 |