Pages 111-132
|  Pages 154-175
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| Pages 111-132
| Pages 154-175
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| CHAP. XXIII. | ||
| ||
| (Passed the 29th of December, 1790.) | ||
| SECT. 1. FOR providing adequate funds for the support of government and payment of the public debts, Be it enacted by the General Assembly, That all the arrearages of revenues due to this Commonwealth before the first day of November one thousand seven hundred and ninety, except those arrearages arising under the act "For redeeming certain certificates," and from the tax on the seal of the Commonwealth, and the revenue collected by the register of the land-office, and by the several clerks and inspectors shall be added to those heretofore constituting the aggregate fund. | Arrearages constituting the aggregate fund. | |
| SECT. 2. The sum of thirty-two thousand pounds shall be drawn from the said aggregate fund at such times and in such proportions as the governor with advice of council may direct: twenty thousand pounds whereof shall be applied in aid of the funds herein after mentioned to be set apart for the support of civil government and the contingent charges thereof, and twelve thousand pounds shall be applied under the direction of the executive to the purpose of erecting the public buildings at the Federal seat of government on the Patowmack. | Certain sums to be drawn therefrom by the executive. | |
| SECT. 3. The said aggregate fund shall remain pledged for the payment of all debts heretofore charged thereon, or on any of the revenues which constitute the same by any act or resolution of the General Assembly, and shall further be charged with all warrants to be issued by the auditor of public accounts, in the year one thousand seven hundred and ninety-one, for interest on any debt due by this Commonwealth, and with all sums of money directed to be paid by any act of the present General Assembly, for which no other provision is made, and for any sums which the executive may certify to be due to any person or persons, whose claims are referred to them by the assembly for settlement during the present session, and for which the governor, with the advice of council, may direct the auditor of public accounts to issue warrants on the said fund. | Charges thereon. |
| SECT. 4. And be it further enacted, That the taxes on law process, recording of wills and deeds, the tax on the seal of the Commonwealth, and from the register's office, which shall be specie only, shall be appropriated to the payment of the salaries and allowances to the judges of the superior courts; and if the same shall prove insufficient, such salaries or allowances shall be made good out of the fund set apart for support of civil government, and the contingent charges thereof. | Funds for payment of the judges salaries; |
| SECT. 5. The funds for the support of civil government, and for the contingent charges thereof, shall be the sum of twenty thousand pounds as before mentioned, to be drawn from the aggregate fund, and all other branches of revenue not otherwise appropriated, which shall arise to the Commonwealth, between the thirty-first day of October seventeen hundred and ninety, and the first day of November seventeen hundred and ninety-one; The said branches of revenue shall be charged with all warrants to be issued after the thirty-first day of December one thousand seven hundred and ninety, within the following description, to wit, for expences attending criminal prosecutions, except for guards in the several counties and corporations; for compensation for slaves executed; for the state's share in the Patowmack and James River companies; for the hospital for reception of persons of unsound mind; for the money due to the fund for establishing a marine hospital for the reception of aged and disabled seamen; for erecting public buildings at the fœderal seat of government on Patowmack; for the expences attending the arsenal at the Point of Fork; and for all pensions allowed by this Commonwealth. | For the support of civil government. Charges on the revenue 1790. |
| SECT. 6. All persons indebted to the Commonwealth for any arrearages of taxes which by this act shall constitute the aggregate fund, may make payment thereof in specie, or in any commutable or facility heretofore by law receivable in discharge of the respective taxes, also in any warrants issued or hereafter to be issued by the auditor of public accounts for interest on the military debt, or any other funded debt due by this Commonwealth, except warrants issued in the district of Kentuckey, in warrants for the payment of the wages and salaries of the members and officers of the General Assembly and all officers of civil government, and for the contingent purposes of government; Warrants for expences | Facilities receivable for arrearages constituting the aggregate fund; |
| attending criminal prosecutions, except for guards in the several counties and corporations; to persons intitled to compensation for slaves executed; Warrants on account of the state's shares in the Patowmack and James River companies; for the hospital for reception of persons of unsound mine; for the money due to the fund for establishing a marine hospital, for the reception of aged and disabled seamen; and for all pensions allowed by this Commonwealth. And all sheriffs or collectors of the revenues which constitute the said fund, shall on payment thereof into the public treasury have credit for the same accordingly. | |
| SECT. 7. The arrears due to this Commonwealth under the act "For redeeming certain certificates," shall be appropriated to the redemption of all certificates or warrants issued by the auditor of public accounts for all liquidated claims due by this Commonwealth, and for which no other provision hath been made, and all persons indebted for any arrears under the said act may make payment thereof in any such certificates or warrants, and every sheriff or collector of the said certificate tax on payment thereof into the public treasury, shall have credit for the same accordingly. | Arrearages of the certificate tax, how appropriated. |
| SECT. 8. And be it further enacted, That if the funds assigned for payment of the judges and other officers of civil government, and for warrants issued by direction of the executive for the contingent purposes of government on account of the state's shares in the Patowmack and James River companies, for the hospital for the reception of persons of unsound mind; for the money due to the fund for establishing a marine hospital for the reception of aged and disabled seamen; for erecting the public buildings at the fœderal seat of government on the Patowmack; for all pensions due by this Commonwealth, and all legal expences which may accrue by order of the executive in defence of the western frontier, should not be productive early enough for these purposes, it shall be lawful for the executive to direct the treasurer to borrow as much money as shall be deficient, out of any other funds, and to replace the same as soon as possible. So much of every act of assembly as comes within the purview of this act shall be and the same is hereby repealed. | Treasurer to supply the deficiency in certain funds, by borrowing from others. |
| SECT. 9. This act shall commence and be in force from and after the passage thereof. | When this act commences. |
| CHAP. XXIV. | ||
| ||
| (Passed the 25th of December, 1790.) | ||
| SECT. 1. WHEREAS it is represented to this present General Assembly, that by means of certain suspensions of certain executions, sued out upon the Commonwealth's judgments against Sir John Peyton, sheriff of Gloucester, for the revenue and certificate taxes, due and payable in the years one thousand seven hundred and eighty-two, and one thousand seven hundred and eighty-three, and against Mr. John Dixon the succeeding sheriff of the said county, for the revenue and certificate taxes due and payable in the year one thousand seven hundred and eighty-four, and by the death of the said John Dixon, who had in his hands the said executions against the said Sir John Peyton, at the time of such suspension, and also by the death of John Whiting the sheriff, who succeeded the said John Dixon, and who in his life time, had in his hands the said executions against the said John Dixon, at the time of such suspension. Questions in law and equity new and difficult may arise respecting any future mode of recovering the balances due on the said judgments: And whereas by the suspensions granted by certain resolves of the late General Assembly against certain executions of the said Sir John Peyton, upon judgments which he had obtained against Mrs. Anne Fox and Mrs. Elizabeth Whiting, the administratrixes of their respective testators, who in their life time were securities for certain deputies of the said Sir John Peyton, which executions at the time of such last mentioned suspensions, were then in the sheriff's hands to be levied according to law: Further questions in law and equity may arise respecting the operation of those suspensions, as to the Commonwealth's demand against the said Sir John Peyton. And whereas the said Sir John Peyton having departed this life, some time in the month of March last, and his administratrix, The said Mrs. Fox and Mrs. Whiting, and Thomas Dixon and Elizabeth Dixon, the surviving executor and executrix of the said John Dixon, | Preamble. |
| deceased, having applied to this present General Assembly, for a law to pass to quiet all those questions of law and equity, and having proposed to deliver up all the slaves heretofore taken under execution, either by virtue of the Commonwealth's executions against Sir John Peyton or the said John Dixon, or by virtue of executions of the said Sir John Peyton against the said Mrs Fox or Mrs. Whiting, and which nor remain in their hands to be administered, to certain commissioners, to be sold for satisfying the balances due to the Commonwealth, upon the judgments against the said Sir John Peyton and John Dixon, on condition that the said commissioners shall sell the said slaves by way of public auction, and upon a reasonable credit, upon bond and security payable to the Commonwealth, and to be discharged by payment of such facilities as were really due and owing to the Commonwealth for the aforementioned taxes, payable in the years one thousand seven hundred and eighty-two, one thousand seen hundred and eighty-three, and one thousand seven hundred and eighty-four, and it is not only just and equitable, that the said terms should be accepted, but it will be greatly to the advantage of the Commonwealth so to do: Be it enacted by the General Assembly, That Philip Tabb, James Booker, Armistead Smith, James Baytop, Samuel Cary, Machen Boswell, and Richard Billips, for the county of Gloucester, and William Alexander, William Stuart, Bernard Hooe, Thomas Lee, sen. and John M'Millian, for the county of Prince-William, gentlemen, be and they are hereby constituted and appointed commissioners for the purpose of carrying this act into execution, as herein after shall be directed: And it shall be lawful for the said Mary Peyton, administratrix of Sir John Peyton, deceased, Thomas Dixon, and Elizabeth Dixon, the surviving executor and executrix of John Dixon, deceased, or either of them. Anne Fox administratrix of John Fox, or Elizabeth Whiting, administratrix of Peter Beverley Whiting deceased, to deliver up and put into the hands of the aforenamed commissioners, or any two of them, all and every slave and slaves which now remain in their respective possessions, and which have heretofore been taken into execution, either by executions at the suit of the Commonwealth upon their judgments aforementioned, or by executions at the suit of Sir John Peyton, or the said John Dixon, upon their or either of their judgments as aforementioned; | Commissioners appointed to receive slaves, for certain debts due from sheriffs of Gloucester. |
| any law, judgment at law or process thereon and return thereof, to the contrary thereof notwithstanding. | |
| SECT. 2. And be it further enacted, That upon such delivery to the said commissioners, or any two of them, all returns upon former process upon the judgments aforementioned and every of them, and all and every bond or bonds entered into for the redelivery of the said slaves, to the sheriff or other officer who served the said executions or any of them, shall become null and void as to the said slaves so delivered up, and the said commissioners, or any two of them, shall grant the party so delivering up such slaves, duplicate certificates thereof, one of which being lodged in the clerk's office where the original judgments were obtained, shall be there recorded and be considered in law to operate in the same manner as a return of a sheriff upon a fieri facias sued out upon the said judgment, and all further process either upon the said original judgment, or on process heretofore sued out thereupon, shall be suspended until the tenth day of April, one thousand seven hundred and ninety-two. | Executions for said debts to become null and void. Certificates to be given by the commissioners on the receipt of the slaves; |
| SECT. 3. And the said commissioners, or any three or more of them, shall as soon as conveniently may be after such delivery, and at such times and places as to them shall be judged most beneficial to the Commonwealth, proceed to sell the said slaves or so many thereof as may be necessary to discharge the respective debts due to the Commonwealth from the said Sir John Peyton, or the said John Dixon deceased, by way of public auction, and upon credit until the said tenth day of April, one thousand seven hundred and ninety-two, taking bond with sufficient security from the purchasers thereof, payable to the governor or chief magistrate of this Commonwealth for the time being and his successors, with a proper condition to the said bond annexed, for securing the payment of the principal sum and interest due thereon according to the directions of this act, and the said bonds shall contain a memorandum thereto annexed, expressing the purpose for which it was entered into, and also to what debt it is to be applied, and by the commissioners taking the same returned to the auditor's office, and by him placed to the credit of the proper account therein mentioned, and then be delivered up to the solicitor general, and charged to him in general account in the same manner as duty bonds are by law directed to be charged | In what manner they are to be disposed of; |
| SECT. 4. And if any of the said bonds shall not be discharged when due, the said solicitor general shall proceed to the recovery thereof in the general court, in the same manner as duty bonds are by law recoverable, and the judges of the general court shall give judgment thereon and award execution on such bonds as in cases of duty bonds, and the clerk of the court shall indorse on all original executions sued out upon such judgments, that no security shall be taken, and the sheriff or other officer levying such executions, shall proceed thereon by sale of the estate of the debtor as upon executions of venditioni exponas. | Purchase money how to be recovered. |
| SECT. 5. And the said commissioners who shall sell the said slaves, shall at the time of such sale, grant to the proprietor of the said slaves duplicate certificates of the amount thereof, and one of the said certificates being filed with the clerk of the court wherein the original judgment has been obtained, shall be set off against such judgment, according to the amount of the said certificate, in the same manner as money levied by fieri facias, as the said judgment shall stand only for the balance due thereon. | Certificates to be given to the persons delivering up slaves to be sold. |
| SECT. 6. And for the better government of the said commissioners, Be it further enacted, That the said solicitor general shall transmit to the said commissioners an account of the balances due to the Commonwealth on the aforementioned judgments against the said Sir John Peyton and the said John Dixon deceased, deducting therefrom all interest, and damages included in the said original judgments up to the first day of October last past, to which day the late General Assembly suspended the executions of the said Sir John Peyton against the aforenamed Mrs. Fox and Mrs. Whiting, and from which day the balances due from the said Sir John Peyton and John Dixon deceased, shall bear interest until fully paid. | Solicitor to furnish the commissioners with a statement of the debts. |
| SECT. 7. And the said commissioners shall proceed in selling the said slaves in manner following, to wit: the slaves to be delivered up to them by Mrs. Fox or Mrs. Whiting, shall be first sold and applied in discharge of the Commonwealth's judgment against Sir John Peyton, and the slaves of the said Sir John Peyton shall only be sold for the balance. And in case the said Mrs. Fox or Mrs. Whiting shall neglect or refuse to deliver up to the said commissioners the slaves heretofore taken in execution to satisfy the said Sir John Peyton's judgment | How the said slaves are to be sold. |
139 <==[Typo, should read 140.]
| against them, the sale of which being prevented by the suspensions allowed the said Mrs. Fox and Mrs. Whiting, by the late General Assembly, as aforementioned, and all process for enforcing a sale thereof being abated by the death of the said Sir John Peyton, in the month of March last. Be it enacted, That the said commissioners shall estimate the reasonable value of the said slaves, and after deducting the same, shall only sell the slaves of the said Sir John Peyton for the balance due to the Commonwealth. And as to such value, Be it enacted, That all process upon the judgments of the Commonwealth against the said Sir John Peyton, shall be suspended until his administratrix or other legal representative, shall be enabled to revive the original judgments of the said Sir John Peyton, against the said Mrs. Fox and Mrs. Whiting: Provided nevertheless, That the said administratrix of the said Sir John Peyton shall confess a new judgment to the Commonwealth for the amount of such estimate, upon condition of a stay of execution thereon, until by using legal diligence the said administratrix shall be enabled to obtain a new execution against the said Mrs. Fox and Mrs. Whiting, and upon this further condition, that if upon pursuing such legal diligence the said administratrix of Sir John Peyton, or his other legal representative, shall ultimately lose any part of the value of the said Mrs. Fox's or Mrs. Whiting's debt so estimated by the said commissioners, the said administratrix shall be finally exonerated from the payment of so much of the said debt so due to the Commonwealth. | Judgments against Sir John Peyton to be suspended. |
| SECT. 8. And whereas it is represented to the present General Assembly that it is questionable whether the said Sir John Peyton and the other securities of the said John Dixon deceased, in the bond entered into by Mr. Dixon as sheriff of the county of Gloucester, were discharged from their securityships by the suspension granted the said John Dixon, by the executive against the Commonwealth's execution against him which was then levied on a sufficiency to pay the whole debt due to the Commonwealth, and which upon the said suspension was redelivered to the said John Dixon by John Whiting, then sheriff of Gloucester through mistake, and thereby so wasted, in the lifetime of the said John Dixon, as not to leave a sufficiency to satisfy the said Commonwealth's judgment against him; and the said John Whiting being now dead, it may not only be difficult, but tedious, and |
| also unreasonable to proceed against his estate, while there is a sufficiency of John Dixon's own estate for the payment of his debt; and it appearing to this General Assembly, that the only sone and heir of the said John Dixon, has a very considerable real estate devised to him by the will of his father, which is liable at law for payment of the debts due to the Commonwealth, in virtu of his father's bond before mentioned, though not to the securities of the said John Dixon, nor to the said John Whiting, who trusted to his verbal promise, only for their indemnification: Be it enacted, That after the slaves which are in the hands of the executor and executrix of the said John Dixon shall be sold by the said commissioners as aforementioned, the solicitor general shall proceed for the balance of the debt of the said John Dixon, against the said heir, and that all process against the said securities of the said John Dixon, and the representatives of the said John Whiting, shall be stayed against them for the said balance, and that the said securities or the representatives of the said John Whiting, deceased, shall not be proceeded against until an actual failure of the recovery thereof against the said heir of the said John Dixon, deceased. | Solicitor to proceed against the heir of John Dixon. |
| SECT. 9. And whereas it is represented to this present General Assembly, that there are some of the deputies, both of the said Sir John Peyton and the said John Dixon deceased, and also some securities for the said deputies who may be willing to put into the hands of the said commissioners such estates as they now have, in order to avail themselves of the indulgence by this act allowed to the securities herein particularly named: Be it enacted, That it shall be lawful for any of the deputies or their securities, either of the said Sir John Peyton or the said John Dixon deceased, to deliver up to the said commissioners any estate or property they may be willing to deliver up, and that in all such cases the said commissioners shall proceed in like manner as to such estates and property, as is herein before directed as to the slaves of Sir John Peyton, Mr. John Dixon, Mrs. Fox, or Mrs. Whiting; and that such deputies and securities shall have the same benefit of this act, as if they had been specially named. | Commissioners authorized to receive and sell property of the deputies of the said sheriffs. |
| SECT. 10. And the better to ascertain the facilities with which the bonds so to be taken by the commissioners shall be discharged, Be it enacted, That all public securities | In what manner, bonds for the purchase |
| either of the United States or of this state or interest warrants due thereon, shall be receivable in discharge of any of the said bonds at such rates as the executive shall from time to time direct. | money may be discharged. |
| SECT. 11. And be it further enacted, That the commissioners who shall undertake to carry this act into execution, shall receive for their trouble therein the same commissions as are allowed to sheriffs or other officers for levying of executions over and above all expences which may be found necessary for transporting any of the said slaves to the proper places for selling the same. And any commissioner undertaking the execution of this act shall within six months after the passing of this act, proceed to sell the slaves to them delivered up under the penalty of five hundred pounds each; and the said commissioners shall within two months after each sale return to the auditor's office, the bonds by them taken for such sales under the penalty of five hundred pounds each; which several penalties shall and may be recovered in the general court on the motion of the solicitor general, upon ten days previous notice to the said commissioners, in the same manner as directed by law against inspectors of tobacco, and be applied to the use of the Commonwealth. | Allowance to commissioners for their trouble. Penalty on them for neglect of duty. |
| SECT. 12. And whereas a judgment hath heretofore, to wit, on the fourteenth day of June, one thousand seven hundred and eighty-six, been obtained in the general court by the Commonwealth against James Barbour, late sheriff of the county of Culpeper, for certain balances then due from him for the public taxes of the year one thousand seven hundred and eighty-four, and an execution thereupon was issued against the goods and chattels, lands and tenements of the said James Barbour, to levy the debt in the said judgment mentioned, which execution being delivered to the proper officer who levied the same on certain lands and tenements and personal estate, and made return that the goods and chattels, lands and tenements remained in his hands for want of bidders, and a writ of venditioni exponas issuing on the said return, the said goods and chattels, lands and tenements were sold according to the command of the said last mentioned writ of venditioni exponas, for a sum not sufficient to discharge the said execution, and all further process upon the judgment aforesaid, being stopped by the return on the venditioni exponas before mentioned, |
| the solicitor general on behalf of the Commonwealth, hath instituted an action at law against John M. Bell, the only surviving security of the said James Barbour, on the bond given by him as sheriff of the county of Culpeper aforesaid, which suit is yet depending; And whereas the judgment so obtained against the said James Barbour, was owing to the default of Joseph Strother, of the county of Culpepper, one of the deputies for the said James Barbour; and French Strother security for the said Joseph, fearing that he might be made liable to the said James Barbour for the default of the said Joseph Strother to mortgage certain lands and personal estate for his indemnity as his security aforesaid, and the said French Strother and the said Joseph Strother have requested this General Assembly that an act may pass for selling the said premises for the indemnity of the said James Barbour as far as the same may extend, on proviso that the same may be sold by certain commissioners for paper facilities, and upon such credit as may be likely to enhance the value thereof, and it is reasonable that the indulgencies by this act granted to the aforementioned Mary Peyton, and others deputies and their securities should in like manner be extended to the said Joseph Strother and his said security French Strother: Be it further enacted, That David Jameson, John Thornton, John Thompson, Birkett Davenport, John Strode, Henry Hill, and James Pendleton, gentlemen, of the county of Culpeper, or any three or more of them, be commissioners for carrying this act into execution, so far as it respects the said judgment obtained against the said James Barbour, in the same manner and under the same penalties as are herein before directed as to the estate of the deputies of the said John Peyton deceased, and their securities; and the said commissioners shall be entitled to the same commissions upon the sales thereof. | Commissioners appointed to receive property for a debt due
from sheriff of Culpeper; |
| SECT. 13. And be it enacted, That if the said French Strother and the said Joseph Strother within two months after the commencement of this act, shall deliver up to the said commissioners or any two of them the lands and personal estate so put in mortgage as aforementioned, with good and sufficient powers in law to enable the said commissioners to sell and convey the same to the purchasers under a sale thereof in fee, that in such case all further proceedings in the action of law now depending | Suit against his security to be suspended. |
| against the said John M. Bell, shall be suspended until the tenth day of April, one thousand seven hundred and ninety-two, and the nett amount of such sales shall be applied in relief of the said John M. Bell, as security for the said James Barbour. And the purchasers of the said mortgaged estates shall give bond therefor payable to the governor of this Commonwealth and his successors, and be liable to judgment thereupon in the same manner as is before directed, as to the bonds to be entered into for the sales of the states of the said Sir John Peyton and John Dixon their deputies and securities aforementioned. | |
| SECT. 14. And be it further enacted, That if the slaves directed to be sold by this act, will not in the opinion of the commissioners sell for three-fourths of their value at the places where they may be exposed to sale, the said slaves shall be brought to the city of Richmond by the said commissioners, and there sold by them under the direction of the executive. And be it further enacted, that this act shall commence and be in force from and after the first day of January next. | Commissioners may remove the slaves to Richmond for the purpose of selling them: |
| SECT. 15. Provided nevertheless, That nothing in this act contained shall affect the original judgments farther, than they shall be credited for the amount of such estate delivered up, shall sell for, after deducting the commissioners' allowance and the necessary expences attending the proceedings under this act; but any balance remaining unsatisfied of the said judgments, may be recovered and proceeded for in the like manner as if this act had never passed, any thing herein to the contrary notwithstanding. | Original judgments to continue in force for the balances which may remain unpaid. |
| CHAP. XXV. | ||
| ||
| (Passed the 25th of November, 1790.) | ||
| SECT. 1. BE it enacted by the General Assembly, That the books directed to be opened for receiving and entering subscriptions in the towns of Norfolk, Portsmouth, Suffolk, Petersburg, Richmond, Fredericksburg and Alexandria, by the act intitled "An act for cutting a navigable canal from the waters of Elizabeth river, in the state of North-Carolina," shall be opened for receiving subscriptions at the said places, and under the management of the persons mentioned in the said recited act, and in the city of Williamsburg, under the management of Robert Andrews, in the month of May next after the time when this act shall be in force, and continue open until the first day of September following; and on the third Thursday of the said month of September, there shall be a general meeting of the subscribers at the town of Halifax, in the state of North-Carolina, of which meeting notice shall be given by the said managers or any three of them in the Gazettes of both the aforesaid states, at least one month next before the said meeting; and such meeting shall and may be continued and the business of it conducted in the manner prescribed for the meeting appointed by the said recited act. | Books to be opened for receiving subscriptions; Meeting of subscribers; when and where. | |
| SECT. 2. And it is hereby declared and enacted, that the tolls allowed to be demanded and received by the before recited act, are granted and received by the before recited act, are granted and shall be paid on condition only that the said Dismal Swamp company shall make the canal and locks of sufficient width for vessels that are fifteen feet broad, and of sufficient depth to be navigated in dry seasons, by vessels drawing three feet water from Deep creek near Tucker's mill in Virginia, to the highest good navigation for vessels of the aforesaid draft in Pasquotank river in North-Carolina, and |
| that each of the locks shall be ninety feet in length, and the causeways fifteen feet in breadth. | ||
| SECT. 3. And be it further enacted, That every act or part of an act of Assembly which comes within the purview and meaning of this act, and every part of the before recited act concerning the regulation of commerce, so far as the same is now vested in the government of the United States, shall be and the same are hereby repealed. | Part of the former act repealed. | |
| SECT. 4. And so soon as an act similar to the before recited act, as amended by this act, shall have been passed by the state of North Carolina, the before recited act as amended by this act, shall be in force, and shall never be repealed or altered by the legislature of this state, without the consent of the state of North Carolina. | Not to be repealed or altered without the consent of North Carolina. | |
 CHAP. XXVI. | ||
| ||
| (Passed the 25th of December, 1790.) | ||
| SECT. 1. WHEREAS it is represented to the General Assembly, that the navigation of James river is much obstructed by hedges and fish-traps: | Preamble. | |
| SECT. 2. Be it therefore enacted, by the General Assembly, That if any person shall hereafter make or cause to be made any hedges, fish-traps or other obstructions in the said river, or any of the navigable branches thereof, from the upper end of the James river canal, to the highest navigation of the said river or the branches thereof, so as to impede or injure the passage of batteaux or canoes, shall forfeit and payt he sum of one hundred pounds for each offence, to be recovered by bill, plaint or information in any court of record, one half for the use of the informer, the other half for the use of the Commonwealth. | Penalty on persons placing obstructions in the river. |
| CHAP. XXVII. An act directing a Seal for the High Court of Chancery. (Passed the 27th of December, 1790.) | |
| BE it enacted by the General Assembly, That George Wythe, judge of the high court of chancery, shall be and he is hereby authorized to have a seal executed for the said court, according to a design laid by him before this Assembly; and the auditor of public accounts is hereby directed to issue his warrants on the treasurer for any sum of money not exceeding twenty-five pounds to be paid out of the contingent fund to the said George Wythe for the aforesaid purpose. | Seal to be procured for the court of chancery. |
| CHAP. XXVIII. An act concerning the trustees of the Transylvania Seminary. (Passed the 3d of December, 1790.) | |
| WHEREAS it hath been represented to this present General Assembly, by the trustees of the Transylvania Seminary, that great inconveniences frequently arise from the number of members required by law to constitute a board to transact business, as they are so widely dispersed in the district of Kentuckey: For remedy whereof, Be it enacted by the General Assembly, That from and after the passing of this act, seven members shall be sufficient to constitute a board to transact business at the two annual stated meetings, as fixed by law. | Preamble How many trustees constitute a board. |
| CHAP. XXIX. | ||
| ||
| (Passed the 18th of December, 1790.) | ||
| WHEREAS it is represented to this present General Assembly, that inconveniencies have arisen on account of the powers given to the trustees and the commissioners of the town of Louisville, in the county of Jefferson, not being sufficiently defined: For remedy whereof, Be it enacted by the General Assembly, That the posers heretofore vested in the commissioners by an act intitled "An act directing the sale of lands in the towns of Louisville and Harrodsburg, and for other purposes," shall be vested in, and in future exercised only by James Francis Moore, Abraham Hite, Abner Martin, Donne Basil Prather, and David Standeford, gentlemen, or a majority of them; and in case of the death, refusal to act, resignation, removal out of the county, or any other legal disability of any of the said commissioners, the remaining commissioners shall and they are hereby directed to appoint others in their stead, who shall to all intents and purposes be vested with, and exercise the same powers and authorities of those mentioned in this act; any act or acts to the contrary notwithstanding. | Preamble. Trustees appointed. Vacancies how to be supplied. | |
| CHAP. XXX. | ||
| ||
| (Passed the 16th of December, 1790.) | ||
| BE it enacted by the General Assembly, That the act intitled "An act appointing commissioners to examine Slate river," shall be and the same is hereby revived, and | Former act revived: |
| that William Perkins, jun. Cary Harrison, Benjamin Harrison, David Coupland, Anthony Murry, and John Couch, gentlemen, be added to those commissioners appointed in the said act, who or any three of them shall perform what is required by the said recited act, and make report thereof to the next General Assembly. | Additional trustees appointed. | |
| CHAP. XXXI. | ||
| ||
| (Passed the 10th of December, 1790.) | ||
| SECT. 1. BE it enacted by the General Assembly, That so much of the act intitled "An act for surveying and apportioning the lands granted to the Illinois regiment, and establishing a town within the said grant," as requires that one thousand acres of land for a town shall be laid off into half acre lots, and each to be improved by building, subject to the condition of building on each a dwelling house, twenty feet by eighteen at least, with a brick chimney, to be finished within three years from the day of sale, is hereby repealed. | Part of the former act repealed. | |
| SECT. 2. The trustees of the said town are directed to convey to those who have already purchased a lot or lots in said town, titles in fee-simple, although the said lots may not have been improved agreeably to the requisitions of the said recited act. | Trustees to make conveyances to the purchasers of lots; | |
| SECT. 3. And be it further enacted, That the said trustees, or any five of them, are authorised and required to sell at public auction the residue of the said one thousand acres of land, for the best price that can be had for the same at twelve months credit, in lots not exceeding twenty acres, nor less than half an acre, taking from the purchasers bond with approved security for the payment thereof, and when received, to be applied to the benefit of the said town; notice of the time and place of such sale being previously advertised two months successively in the Kentuckey Gazette. | And to sell the residue of the land. |
| SECT. 4. And be it further enacted, That the said trustees shall convey to the said purchasers titles in fee; and that the said lots shall not be liable to forfeiture on account of any failure in improving the same, but that the titles thereof shall be absolute and unconditional: any thing in the said recited act to the contrary notwithstanding. | Lots not subject to forfeiture for want of improvements. | |
| CHAP. XXXII. | ||
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| (Passed the 29th of November, 1790.) | ||
| WHEREAS from the death of the high sheriff of the county of Bourbon, which happened in the year one thousand seven hundred and eighty-nine, no court was holden for the said county from the month of July in the said year, until the month of January following, whereby many deeds for lands and other estate could not be recorded within the time limited by law; and the purchasers thereof have in many instances been deprived of an opportunity of renewing the same by the removal and death of the venders. For remedy whereof, Be it enacted by the General Assembly, That all deeds and other conveyances of lands, slaves or other estate legally made and executed, and the slaves or other estate legally made and executed, and the time limited by law for recording of which expired within the said period of the month of July, one thousand seven hundred and eighty-nine, and the month of January following, which shall be acknowledged by the parties, or proved to the number of witnesses directed by law in the court of the said county of Bourbon, within nine months from the passing of this act, shall be recorded, and be as effectual for passing the estate thereby conveyed, as if such deeds had been recorded within the times respectively prescribed by law from the date thereof: any law to the contrary notwithstanding. | Preamble. Court of Bourbon to admit certain deeds to record. |
| CHAP. XXXIII. | ||
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| (Passed the 11th of December, 1790.) | ||
| SECT. 1. BE it enacted by the General Assembly, That public ferries shall be constantly kept at the following places, and the rates for passing the same as followeth, that is to say, from the land of Edward Mitchell in the county of Mecklenburg, across Roanoke river to the land of Christopher Haskins on the opposite shore, and from the land of the said Haskins to the land of the said Mitchell, the price for a man three pence, and for a horse the same; from the land of Joseph Berry in the county of Frederick across Shenandoah river to the opposite shore, the price for a man two pence, and for a horse the same; from the land of John Canefax in the county of Campbell across Staunton river to the lands of John Ward on the opposite shore, in the county of Pittsylvania, the price for a man three pence, and for a horse the same; from the land of Hezekiah Davis in the county of Harrison, above the mouth of Limestone across the west fork of Monongahela river, to the lands of William Barkley on the opposite shore, the price for a man three pence, and for a horse the same; from the land of David Scott at the mouth of his mill run in the county of Monongalia, across Monongalia river, to his land on the opposite shore, the price for a man three pence, and for a horse the same; from the land of John Chenoweth in the county of Hampshire, across great Cacapon creek to the opposite shore, the price for a man four pence, and for a horse the same; from the lands of Conrod Glaze in the county of Hampshire, across the south branch of Patowmack, to the land of George Glaze on the opposite shore, and from the land of George Glaze across the south branch to the land of Conrod Glaze, the price for a man four pence, and for a horse the same; from the land of Charles Prather in the county of Ohio, across the mouth of Buffaloe creek, to the land on the opposite shore, the price for a man two pence, and for a horse the same; from the lands of the said Charles Prather in the | Ferries established across Roanoke, Shenandoah, Staunton, the west fork of Monongahela; Monongalia, Great Cacapon creek; the south branch of Patowmack; Buffaloe creek; |
| county of Ohio, across Ohio river to the opposite shore, the price for a man six pence, and for a horse the same; from the land of John Grimes deceased in the county of Norfolk, across the western branch of Elizabeth river, to the land of Michael Warren on the opposite shore, the price for a man four pence, and for a horse the same; from the land of Rees Pritchard in the county of Hampshire, across the north fork of great Cacapon, to his land on the opposite shore, the price for a man four pence, and for a horse the same; from the land of Edward Jackson in the county of Randolph, across Buchanan river to the land of John Jackson junior on the opposite shore, the price for a man three pence, and for a horse the same. | Ohio; the western branch of Elizabeth river; the North Fork of Cacapon; Buchanan. |
| SECT. 2. And for the transportation of wheel carriages, tobacco, cattle and other beasts at the places aforesaid, the ferry keepers may demand and take the following rates, to wit, for every coach, chariot or waggon, and the driver thereof, the same as for six horses; for every cart or four wheel chaise and the driver, the same as for four horses; for every two wheel chaise or chair as for two horses; for every hogshead of tobacco as for one horse; for every head of neat cattle as for one horse; for every sheep, goat or lamb, one fifth part of the ferriage for one horse; and for every hog one fifth part of the ferriage for one horse, and no more. | Rates. |
| SECT. 3. If any ferry keeper shall demand or receive any greater rates than is hereby allowed for the ferriage or carriage of any thing, he shall for every such offence forfeit and pay to the party aggrieved, the ferriages demanded or received and ten shillings; to be recovered with costs before a justice of the peace of the county where the offence shall be committed. | Penalty on ferry keeper demanding more than the legal rates. |
| SECT. 4. And be it further enacted, That the ferry heretofore established from the land of John Posey, now the property of George Washington in the county of Fairfax, across Patowmack river, to the opposite shore in the state of Maryland, shall be and the same is hereby discontinued. | Ferry across Patowmack discontinued. |
| CHAP. XXXIV. | ||
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| (Passed the 16th of December, 1790.) | ||
| SECT. 1. WHEREAS the dispersed situation of the trustees appointed to carry into effect the act intitled "An act for opening and extending the navigation of Appamatox river," hath greatly retarded and impeded the salutary purposes thereof: Be it enacted by the General Assembly, That John Morton, John Archer and Edward Munford, gentlemen, or any two of them, be and they are hereby appointed trustees for the purpose of carrying into full effect the act aforesaid in every matter and thing to all intents and purposes as the trustees in the said act appointed could or might have done by virtue thereof. | Preamble. Trustees appointed; | |
| SECT. 2. And be it enacted, That the said John Morton, John Archer and Edward Munford, gentlemen, shall receive as compensation for their expences and services after the rate of six shillings per diem for the time they shall be employed in carrying into execution the act aforesaid, and once in every six months shall on oath lay before one or other of the courts of Amelia, Prince-Edward or Cumberland, a full and fair statement of their receipts, disbursements and expenditures in and about the business of their appointment. So much of the before recited act as comes within the purview of this act shall be and is hereby repealed. | Compensation for their services. Before whom, they are to lay statements of their accounts. |
| Pages 111-132
| Pages 154-175
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