Pages 193-214
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| Pages 193-214
| Pages 241-261
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| CHAP. LXXXIII. | ||
| ||
| (Passed the 9th of December, 1790.) | ||
| SECT. 1. WHEREAS it hath been represented that Benjamin Temple, gentleman, did in the month of June last, loose in Mattapony river, sundry military certificates, and warrants for part of the seventh and eighth years interest thereon; and the said Benjamin Temple hath made application to the General Assembly to issue duplicates of the said certificates and warrants, which it hath been judged reasonable to do; | Preamble. | |
| SECT. 2. Be it therefore enacted, That the auditor of public accounts shall issue to the said Benjamin Temple duplicates of the following certificates lost as aforesaid, that is to say, five certificates bearing date the tenth day of March one thousand seven hundred and eighty-two in the name of Benjamin Temple, for the sum of fifty pounds each; one of the same date and name, for the sum of eighty-four pounds; three dated the twenty-seventh day of March one thousand seven hundred and eighty-two in the same name for the sum of one hundred pounds each; one of the same day and year last mentioned in the same name for the sum of fifty pounds; five dated on the twenty-seventh day of March one thousand seven hundred and eighty-four, in the same name for the sum of one hundred and seventeen pounds two shillings and nine pence each; one dated the first day of December one thousand seven hundred and eighty-seven, in the same name for the sum of twenty pounds; one dated the sixth day of May one thousand seven hundred and eighty-three, in the name of Lawrence Slaughter for the sum of forty pounds; one dated on the fifteenth day of July one thousand seven hundred and eighty-three, in the name of William Floyd for the sum of forty-five pounds; one dated the twenty-fourth day of October one thousand seven hundred and eighty-three, in the name of Thomas Hutcheson for the sum one hundred and forty-five pounds seven shillings and two pence; one dated the fifteenth day of December one thousand seven hundred and eighty-four in the name of William Morris, for the sum of | Duplicates of certain certificates and warrants to be issued to Benjamin Temple; |
| ninety-three pounds six shillings and six-pence; one dated the thirteenth day of December one thousand seven hundred and eighty-four in the name of Jeremiah Graves, for the sum of twenty-five pounds three shillings; one dated the twentieth day of December one thousand seven hundred and eighty-five in the name of Hance Bond, for the sum of seventy-nine pounds four shillings; one dated the twentieth day of December one thousand seven hundred and eighty-five in the name of John Nicholson, for the sum of fifty pounds four shillings; one dated the twenty-first day of December one thousand seven hundred and eighty-five in the name of John Hamilton for the sum of two hundred and thirty-seven pounds seven shillings and nine pence; one dated the seventeenth day of January one thousand seven hundred and eighty-six in the name of John Rogers for the sum of fifteen pounds; one dated the twenty-first day of January one thousand seven hundred and eighty-six in the name of Samuel Wilson, for the sum of seven pounds thirteen shillings and six pence; one dated the twenty-first day of January one thousand seven hundred and eighty-six in the name of John Cheshire for the sum of thirty-three pounds four shillings; one dated the tenth day of August one thousand seven hundred and eighty six in the name of William Edmundson, for the sum of forty pounds two shillings; one dated the eighteenth day of January one thousand seven hundred and eighty-seven in the name of Thomas Williams, for the sum of seventy-three pounds one shilling and one penny; and two certificates for funded money, one dated the twenty-ninth day of November one thousand seven hundred and eighty-five, in the name of the said Benjamin Temple, for the sum of four pounds sixteen shillings and seven pence specie, and the other of the same date in the name of Anne Temple for the sum of three pounds seven shillings and eight pence; and that the auditor also issue to the said Benjamin Temple duplicates of the following warrants lost as aforesaid, that is to say, one dated the tenth day of February one thousand seven hundred and eighty-nine, in the name of Jeremiah Graves, for one pound ten shillings and two pence; on of the same date in the name of John Cheshire, for one pound nineteen shillings and ten pence one of the same date in the name of Horris Bond, for four pounds fifteen shillings: one of the same date in the name of William Floyd, for two pounds fourteen |
| shillings; one of the same date in the name of William Edmondson, for two pounds eight shillings and a penny; one of the same date in the name of James Waterman, for one pounds six shillings and ten pence; three of the same date in the name of Benjamin Temple for the sum of six pounds each; one of the same date and name for the sum of five pounds and nine pence; six of the same date and in the same name, for the sum of three pounds each; which said warrants were issued for the seventh years interest due on military certificates; Also one warrant dated the twentieth day of March one thousand seven hundred and ninety in the name of John Nicolson, for the sum of three pounds and two pence; two of the same date in the name of Benjamin Temple for seven pounds and six pence each; two of the same date and in the same name for six pounds each; one of the same date and in the same name for the sum of five pounds; four of the same date and in the same name for the sum of three pounds each; one of the same date and name for the sum of eleven shillings and six pence for funded money; one of the same date in the name of Anne Temple for the sum of eight shillings for funded money; nine of the same date for twenty shillings each; and two of three pounds each in the name of Anthony Singleton agent for the sinking fund, which were issued for the eighth years interest. | |
| SECT. 3. And be it further enacted, That the auditor of public accounts shall also issue to Sylvester Ward duplicates of two military certificates, one in the name of George Ward for the sum of fifty-five pounds eighteen shillings and six pence, the other in the name of Anthony Chevalier for the sum of sixty pounds twelve shillings and eight pence, dated each the thirteenth day of August, one thousand seven hundred and eighty-three, in lieu of the originals which the said Sylvester Ward hath lost. | to Sylvester Ward; |
| SECT. 4. And be it further enacted, That the treasurer of this Commonwealth shall issue to Leonard Barnes a duplicate of a loan-office certificate dated the fourteenth day of June one thousand seven hundred and seventy-nine, for one hundred pounds specie, in lieu of a tattered and torn one. | to Leonard Barnes; |
| SECT. 5. And the auditor of public accounts shall issue to William Greene a duplicate of a provision certificate for the sum of four pounds twelve shillings and six pence; in lieu of the original which was burnt. | to William Greene; |
| SECT. 6. The auditor of public accounts shall also issue to John Whitlock a duplicate of a military certificate for the sum of thirty-five pounds, in lieu of the original which he lost in the year one thousand seven hundred and eighty-seven. | to John Whitlock; |
| SECT. 7. The auditor shall also issue to Thomas Sewell a duplicate of a certificate for two pounds nineteen shillings specie for funded paper money, in lieu of the original which was consumed with his house in the year one thousand seven hundred and eighty-six, and also warrants for the interest due thereon. | to Thomas Sewell; |
| SECT. 8. The said auditor shall also issue to John Henderson of the county of Ohio, duplicates of the warrants heretofore issued to him for services rendered by scouts and rangers in the Western country, the originals being lost, and were in the following names and sums, to wit; one in the name of William M'Cullock, for the sum of twenty-four pounds; one in the name of sergeant James Williams, for twelve pounds; one in the name of Joseph Huff, for eight pounds five shillings; one in the name of William Sherrard, for four pounds nineteen shillings; one in the name of Edmund Baxter, for eight pounds five shillings; one in the name of William Layton for eight pounds five shillings, one other to the same person for four pounds nineteen shillings; one in the name of Joseph Eddington, for twenty-one pounds; one in the name of Duncan Mackenzie for eight pounds five shillings; one in the name of Michael Baker, for seven pounds; one in the name of Charles Williams, for eight pounds five shillings; one in the name of Samuel Ogden, for four pounds nineteen shillings; one in the name of Jacob Holmes, for four pounds nineteen shillings; one in the name of Charles Sparks, for eight pounds five shillings; one in the name of John Spencer, for ten pounds; one in the name of William Johnson, for eight pounds five shillings; one other in the same name for four pounds nineteen shillings; one in the name of Michael Woodson, for seventeen shillings; one in the name of Daniel Pierce, for four pounds nineteen shillings; one in the name of Edward Walling, for eight pounds five shillings; and one in the name of James Pursley, for eight pounds five shillings; amounting in the whole to the sum of one hundred and seventy-eight pounds sixteen shillings. | and to John Henderson. |
| SECT. 9. Provided always, and be it further enacted, That the said Benjamin Temple, Sylvester Ward, | Bond and security to be given by them |
| William Green, John Whitlock, Thomas Sewell, and John Henderson, shall previous to the obtaining the said duplicates, respectively enter into bond with sufficient security, to be approved of by the executive, to indemnify the Commonwealth and the United States. | to indemnify the Commonwealth and the United States. | |
 CHAP. LXXXIV. | ||
| ||
| (Passed the 29th of December, 1790.) | ||
| SECT. 1. BE it enacted, That so
much of an act intitled "An act directing duplicates of certificates and
warrants to be issued to certain persons," as authorises the auditor to issue duplicates of
warrants to John Henderson, shall be and the same is hereby repealed. SECT. 2. This law shall be in force from the passage thereof. |
Part of the act directing duplicates of certificates to be
issued to certain persons repealed. Commencement of the act. | |
| CHAP. LXXXV. | ||
| ||
| (Passed the 23d of December, 1790.) | ||
| SECT. 1. WHEREAS it has been represented to the present General Assembly, that Andrew Sprowle, formerly of the county of Norfolk, merchant, left this commonwealth, indebted by bond to Samuel Allyne, of the same county, deceased, in the sum of four hundred and fifty-eight pounds three shillings and three-pence, which bond became due and payable on the first day of January, one thousand seven hundred and seventy-six; And whereas | Preamble. |
| as the estate of the said Andrew Sprowle by reason of his disaffection to the American cause, and actual joining the British forces, was sold under the laws of escheat, and the money arising from the sale thereof, deposited in the public treasury; And whereas letters of administration on the estate of the said Samuel Allyne deceased, were by the court of the county aforesaid, granted to Richard Evers Lee. | |
| SECT. 2. Be it enacted by the General Assembly, That the said Richard Evers Lee shall be entitled to receive from out of the proceeds of the said Andrew Sprowle's estate, deposited as aforesaid in the public treasury, the said balance of four hundred and fifty-eight pounds three shillings and three-pence specie, together with the interest accruing thereon, after the rate of five per centum per annum, from the time the same became payable as aforesaid, until payment. And be it further enacted, That the auditor of public accounts shall be, and he is hereby empowered and directed to issue to the said Richard Evers Lee administrator as aforesaid, a warrant or warrants on the treasury for the same, payable out of the aggregate fund. | A sum of money to be paid to the administrator of Samuel Allyne
out of the proceeds of Sprowle's estate; Warrants therefor payable out of the aggregate fund. |
| CHAP. LXXXVI. An act concerning Peter Francisco. (Passed the 20th of December, 1790.) | |
| SECT. 1. WHEREAS it has been represented to the present General Assembly, that Peter Francisco of the county of Charlotte, entered into the Virginia line as a soldier at a very early period of the late war with Great Britain, received several wounds in the course thereof, and distinguished himself by numerous acts of bravery and intrepidity; And whereas the said Peter Francisco afterwards joined the cavalry to the southward, under the command of colonel William Washington, having first purchased at his own cost a very valuable horse, which being worn down by hardship died in the service; | Preamble. |
| SECT. 2. Be it enacted by the General Assembly, That as well to compensate the said Peter Francisco for the loss of the said horse, as to reward him for his valour, the auditor shall and he is hereby required to issue him a warrant on the treasury for the sum of seventy-five pounds, payable out of the contingent fund. | Peter Francisco allowed a sum of money for his services and for a horse lost in the army. | |
| CHAP. LXXXVII. | ||
| ||
| (Passed the 1st of December, 1790.) | ||
| SECT. 1. WHEREAS James Garnett gentleman formerly of the county of Essex deceased, was in his life time and at the time of his death seized in fee simple of a considerable real estate, and being so seized, did by his last will and testament in writing, bearing date the eighteenth day of April one thousand seven hundred and sixty-five, devise a part thereof in these words, to wit, "I give and devise to my grandson Henry Garnett the land I purchased of Edward Rowsie junior on Occopatia creek; Those tracts I purchased of the Repleys; All the lands I purchased of Francis Covington; a tract purchased of Berryman Brown, and a moiety of the tract called Gladdy-fork mentioned before; together with a moiety of the twelve hundred acres of land purchased of Francis Gouldman aforesaid, and also one thousand acres of land purchased of Francis Gouldman and situate in Caroline county whereon James Goodrich is now overseer, during his my said grandson Henry's natural life; Remainder to my son Muscoe and his heirs in trust and for the use of the first and every other son of my grandson Henry who shall survive him in tail male equally to be divided; remainder in trust for the use of every son of my grandson Henry who shall survive him in tail male equally to be divided; remainder in trust for the use of every son of my grandsons Francis and Augustine who shall survive them in tail male equally to be divided. Remainder to my son Muscoe and his heirs for ever," as by the said will recorded in the court of the said county | Preamble. |
| of Essex, may appear; and soon after making the said will the said testator died, and the said Henry Garnett his grandson entered into the said lands and became thereof seized and possessed: And it being represented that it would be greatly to the benefit of the said Henry Garnett and those claiming under him, if he was authorized to make sale of the said lands or a part thereof, and lay out the money arising from such sale in the purchase of other lands more desirably situated, to be of equal or greater value with those so intended to be sold and to be moreover subject to the same restrictions, remainders and limitations as the lands so devised to him by the said will are subject to; for which purpose application hath been made to this Assembly by the said Henry Garnett: | |
| SECT. 2. Be it therefore enacted by the General Assembly, That Hancock Lee, James Upshaw junior, Andrew Monroe and George William Smith gentlemen or any three of them are hereby authorized and empowered whenever they shall be thereto required by the said Henry Garnett to make sale of the whole or such parts of the said lands devised as aforesaid as by the said Henry shall be deemed most fit, expedient and for the benefit of himself and those claiming in remainder, and to convey the same to the purchaser or purchasers in fee simple. | Trustees appointed to sell certain lands whereof Henry Garnett is seized; |
| SECT. 3. The money arising from the said sales shall be vested in the said Hancock Lee, James Upshaw, junior, Andrew Monroe and George William Smith gentlemen trustees, to be by them laid out in the purchase of other lands, to be in the opinion of the said trustees or a majority of them of equal value at the least with those lands which shall be sold by them in virtue of this act. And the said lands so purchased shall be conveyed to the said Hancock lee, James Upshaw, junior, Andrew Monroe and George William Smith gentlemen in trust for the use of the said Henry Garnett, and to descend and pass in the same manner and be subject to the like restrictions, remainders and limitations, as the lands devised to the said Henry, are, by the last will and testament aforesaid, directed to pass, descend and be subject to. | The purchase money to be vested in other lands subject to the same limitations. |
| CHAP. LXXXVIII. | ||
| ||
| (Passed the 6th of December, 1790.) | ||
| SECT. 1. WHEREAS it is represented that under the Act of Assembly for establishing a marine hospital for the reception of aged and disabled seamen, the commissioners thereby appointed have fixed on certain lots in the town of Washington as the most proper and convenient place on which to erect the said hospital, and that one of the said lots belong to Christopher Herbert an infant, under the age of twenty-one years: And whereas James Herbert the father and guardian of the said Christopher, hath actually contracted with the said commissioners for the sale of the said lot, and hath petitioned this Assembly to authorize him to convey a title thereto, and to lay out the money arising from such sale in the purchsse of other lands, for the use and benefit of his said son. | Preamble. | |
| SECT. 2. Be it therefore enacted by the General Assembly, That John Portlock, Charles Odeon, Edmund Almond, Ardree Bartee, and Thomas Nash, jun. gentlemen, or any three of them, who are no ways interested in the said lot of land, shall and may, and they are hereby impowered and directed to set a value on the same, and upon receipt of such valuation it shall be lawful for the said James Herbert, as guardian of his said son Christopher Herbert, to convey the said lot of land to the commissioners of the marine hospital in the manner and for the purposes prescribed by the said recited act. | Commissioners appointed to value a lot the property of
Christopher Herbert; On receipt of the valuation the lot to be conveyed to the commissioners of the marine hospital; | |
| SECT. 3. And be it further enacted, That the purchase money for the said lot of land shall by the said James Herbert be fairly laid out in the purchase of other lands, In trust for the use and benefit of the said Christopher Herbert his son, and shall by good and sufficient deed or deeds be conveyed to him the said Christopher and his heirs in fee simple. | And the money laid out in other lands; | |
| SECT. 4. And be it further enacted, That the said James Herbert shall give bond and security in the penalty | His guardian to give bond |
| of three hundred pounds, for the faithful performance of the said trust reposed in him, and payable to the sitting justices of Norfolk county court, for the benefit of the said Christopher Herbert; which said bond shall be recorded in the said court, and may be put in suit by any person or persons, who may be injured by the non-performance of the trust hereby reposed in the said James Herbert. | and security for the performance of the trust. | |
| CHAP. LXXXIX. | ||
| ||
| (Passed the 7th of December, 1790.) | ||
| SECT. 1. WHEREAS John Baker, of the county of Louisa, being felo de se, and his estate thereby forfeited and escheated to the Commonwealth. | Preamble. | |
| SECT. 2. Be it enacted by the General Assembly, That all right, title, interest, claim and demand, which now exists in the Commonwealth, or on any office hereafter to be found, shall be established therein, to the estate of John Baker deceased, shall pass, descend and vest in and to the same person or persons, and be subject to all and every claim and claims in law and equity of all and every person and persons whatsoever, in the same manner as if the said John Baker had died a natural death. | Interest of the Commonwealth in John Baker's estate who was felo de se, released. | |
| CHAP. XC. | ||
| ||
| (Passed the 10th of December, 1790.) | ||
| SECT. 1. WHEREAS application hath been made to this Assembly to vest in trustees a certain tract of land | Preamble. |
| lying in the county of Louisa, which from the death of Mrs. Lucy Thompson late the wife of Roger Thompson hath descended to their five children Joseph Thompson, George Thompson, Foster Thompson, Elizabeth Thompson and Sarah Thompson, to be sold and the money arising from the sale thereof secured to the said children, which is adjudged reasonable. | |
| SECT. 2. Be it therefore enacted by the General Assembly, That the said tract of land containing two hundred and ninety-three acres which hath descended to the said Joseph Thompson, George Thompson, Foster Thompson, Elizabeth Thompson and Sarah Thompson in right of their said mother Lucy Thompson deceased, shall be and the same is hereby vested in George Thompson, William Payne, senior, and John Thompson, gentlemen, and their heirs in trust, that they or any two of them shall as soon as may be, sell the same for the best price to be had, and to convey the said land to the purchaser or purchasers in fee simple. | Trustees appointed to sell a tract of land whereof Lucy Thompson died seized. |
| SECT. 3. The money arising from the sale of the said tract of land shall by the said trustees be paid to the said Joseph Thompson, George Thompson, Foster Thompson, Elizabeth Thompson and Sarah Thompson when they shall severally be entitled to receive the same. | Purchase money, to whom to be paid. |
| SECT. 4. And be it further enacted, That the said trustees shall give bond and security in the penalty of five hundred pounds, for their faithful performance of the said trust reposed in them and payable to the sitting justices of Louisa county court for the benefit of the said children, which said bond shall be recorded in the said court, and may be put in suit by any person or persons who may be injured by the said trustees not faithfully performing their said trust. | Trustees to give bond and security for the performance of the trust. |
| CHAP. XCI. | ||
| ||
| (Passed the 27th of November, 1790.) | ||
| SECT. 1. WHEREAS John Hutchings gentleman in and by his last will and testament in writing, which has been duly proved and recorded in the court of Norfolk county, among other things directed that his executors should dispose of his whole estate, both real and personal, except the land whereon he lived, together with a wharf disposed of by him, and also his land in the island of Bermuda, and from the sales thereof to pay, in the first place, his just debts, and the residue to apply as in the said will is particularly directed. And whereas it is represented to this present Assembly, that the executors named in the will of the said John Hutchings severally refused to take upon themselves the execution thereof, whereupon administration with the will annexed was in due form granted to Thomas Newton junior and John Boush, who have since sold the personal estate and also a tract of land called Lambert's point, lying in the said county of Norfolk, belonging to the said John Hutchings deceased; and whereas the said Thomas Newton junior and John Boush not being authorized as administrators aforesaid to make a conveyance to the purchaser of the said tract of land, have made application to this Assembly to pass an act as well to do so, as to authorize them to make sale of the remaining lands of their said testator, directed by his said will to be sold and convey the same to the purchaser or purchasers thereof in fee simple. | Preamble. | |
| SECT. 2. Be it therefore enacted, That the said Thomas Newton junior and John Boush shall be and they are hereby authorized and empowered to execute a deed for conveying the said tract of land called Lambert's point so as aforesaid sold, to the purchaser in fee, and also to make sale of all or any of the lots or other lands directed by the will of their said testator to be sold for the purposes therein particularly directed to be applied, and | John Hutchings's administrators authorized to sell and convey the lands directed to be sold by his will. |
| execute sufficient deed or deeds for conveying the same or any part thereof to the purchaser or purchasers in fee simple. | |
| CHAP. XCII. An act concerning the Marriage of Lewis Roberts. (Passed the 20th of December, 1790.) | |
| SECT. 1. BE it enacted by the General Assembly, That it shall and may be lawful for Lewis Roberts to sue out of the office of the supreme court of the district of Kentuckey a writ against Rachel Roberts, which writ shall be framed by the clerk, shall express the nature of the case, and shall be published for eight weeks successively in the Kentuckey Gazette, whereupon the plaintiff may file his declaration in the said cause, and the defendant may appear and plead to issue, in which case, or if she does not appear within two months after such application, it shall be set for trial by the clerk on some day in the succeeding court, but may for good cause shewn to the court be continued until the succeeding term. | Writ to be sued out of the district court of Kentuckey by Lewis
Roberts against his wife. Proceedings thereupon. |
| SECT. 2. Commissions to take depositions and subpœnas to summon witnesses shall issue as in other cases. | |
| SECT. 3. Notice of taking depositions published in the Kentuckey Gazette 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 deserted the plaintiff, and that she hath lived in adultery with another man since such desertion, the said verdict shall be recorded, and thereupon the marriage between the said Lewis Roberts and Rachel shall be totally dissolved. | Truth of the plaintiffs allegations how to be tried.
Verdict of the jury to be recorded; effect thereof if in favor of the plaintiff. |
| CHAP. XCIII. | ||
| ||
| (Passed the 29th of November, 1790.) | ||
| SECT. 1. WHEREAS it is represented that by virtue of an act of Assembly, passed in the year one thousand seven hundred and seventy-seven, which empowered the vestry of the parish of Botetourt, to dispose of their glebe lands, that the same were sold to a certain Curtis Alderson, for the consideration of four hundred pounds which has been paid to him; but that previous to his obtaining a title thereto, the said vestry was dissolved, and the said Curtis Alderson having petitioned this Assembly, to confirm in him a title to the said glebe lands: | Preamble. | |
| SECT. 2. Be it therefore enacted by the General Assembly, That the glebe lands which appertained to the said parish of Botetourt, at the passing of the said recited act, consisting of five hundred and twenty-five acres, and which by the said act were directed to be sold, shall be, and the same are hereby vested in Joseph Haines, Joseph Paxton, Nicholas Carper and William Brians, gentlemen, in fee simple; in trust nevertheless, to be by them or any two of them conveyed to the said Curtis Alderson, and his heirs, in fee simple for ever. | Trustees appointed to convey a tract of land to Curtis Alderson. | |
| CHAP. XCIV. | ||
| ||
| (Passed the 16th of December, 1790.) | ||
| SECT. 1. WHEREAS it hath been represented to the present General Assembly by Benjamin Lewis, Alexander M'Robert and John M'Keand administrators with the will annexed of the estate of Patrick Coutts deceased, unadministered by William Coutts deceased, that the said Patrick Coutts departed this life some time in the year | Preamble. |
| one thousand seven hundred and seventy-six, leaving a personal estate not sufficient for the payment of his debts, and possessed of several lots and parcels of land lying in the county of Henrico, which have escheated to the Commonwealth, by reason of the heir at law of the said Patrick Coutts being an alien; And whereas 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 Patrick Coutts deceased than that the public should be benefitted thereby. | |
| SECT. 2. Be it therefore enacted by the General Assembly, That all the right and interest which the Commonwealth hath to the said lands upon an office which hath been found, shall be and the same are hereby vested in Nathaniel Wilkinson, Richard Adams, William Hay, John Harvie, William Du Val and George Nicholson, gentlemen trustees, to be by them or any three of them sold for the best price that can be had; giving two months notice of the time and place of sale in the Virginia Gazette. | Interest of the Commonwealth in the lands whereof Patrick Coutts died seized, vested in trustees; |
| SECT. 3. The said trustees or any three of them shall convey the said land to the purchaser or purchasers in fee; and the money arising from the sale thereof shall be paid to the said Benjamin Lewis, Alexander M'Robert and John M'Keand administrators of the said Patrick Coutts deceased as aforesaid, to be applied to them in a due course of administration to the discharge of the debts of the said decedent Patrick Coutts, 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. | to be sold; Money arising therefrom to be paid to his administrators; How to be applied by them. |
| SECT. 4. And whereas it has been further
represented to the General Assembly by the said Benjamin Lewis, Alexander M'Robert and John
M'Keand, that several lots and parcels of land, part of the estate of the said Patrick Coutts had
been sold by them, and also by William Coutts in his life time, who was administrator with the
will annexed of the said Patrick, under an opinion that the same were vested in them by the will
of the said Patrick, which lots and parcels of land have escheated to the Commonwealth. SECT. 5. Be it enacted, That the trustees herein before them, shall convey to the purchasers respectively their heirs or assigns in fee, the several lots and parcels of land so sold as aforesaid. |
The trustees to convey the lots sold by them and by William
Coutts to the purchasers.
|
| SECT. 6. 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 ascerted to the said lands or any part thereof: Provided that the terms of their several agreements to be complied with, on or before the first day of December next. | Rights of all except those claiming under the Commonwealth saved. |
| CHAP. XCV. An act to credit John Taylor and Francis Warman, certain sums of money. (Passed the 15th of December, 1790.) | |
| SECT. 1. BE it enacted by the General Assembly, That the auditor of public accounts, shall and he is hereby required to credit John Taylor, late sheriff of the county of Montgomery, on account of the land tax due from the said county, in the year one thousand seven hundred and eighty-seven, the sum of ninety-six pounds five shillings and five pence halfpenny, being the amount of the tax on certain tracts of land in the uninhabited parts of the said county, which the said John Taylor was prevented from collecting by reason of the danger he was exposed to from the savages. | Auditor to credit John Taylor late sheriff of Montgomery, for a certain sum on account of the land tax; |
| SECT. 2. The auditor of public accounts shall also credit Francis Warman, late sheriff of the county of Monongalia, in account for the collection of the taxes due from the said county, for the year one thousand seven hundred and eighty-six, the sum of fourteen pounds in the certificate, and one pound four shillings in the revenue tax, being the amount of certificates, and a warrant collected by Jacob Pendall, deputy sheriff to the said Francis Warman, and consumed with his house in the said year: Provided, That the said Francis Warman shall specify the date of and to whom the said certificate and warrant were granted, and give bond and security as in cases of duplicates heretofore granted in lieu of warrants or certificates lost or otherwise destroyed. | And Francis Warman late sheriff of Monongalia for the amount of certain certificates and warrants casually destroyed. |
| CHAP. XCVI. | ||
| ||
| (Passed the 10th of November, 1790.) | ||
| SECT. 1. WHEREAS doubts have arisen with respect to the powers given the trustees appointed by two acts of Assembly passed in the years one thousand seven hundred and eighty-six, and one thousand seven hundred and eighty-seven, the one intitled "An act appointing trustees to sell part of the lands of John Todd, deceased, for the payment of his debts, and for other purposes," and the other amendatory thereof; to remove which doubts, application hath been made to this Assembly; | Preamble. | |
| SECT. 2. Be it therefore enacted, That the trustees appointed by the said recited acts, or any three of them shall and may proceed to sell in such manner as to them shall seem most advantageous, so much of the lands whereof the said John Todd died seized, as shall be sufficient for carrying into full and complete effect the purposes thereby intended, and convey the same to the purchaser or purchasers in fee simple; Provided nevertheless, That the said trustees shall not be authorized to sell the tract of land in the county of Fayette, containing four hundred acres, which was granted to the said John Todd by virtue of his actual settlement right; And provided also, That they shall not sell in consequence of the powers hereby given them, more than one fourth part of the lands, whereof the said John Todd died seized. | Trustees authorized to sell part of the lands of John Todd deceased; | |
| SECT. 3. The said trustees when they have performed the trust reposed in them by this or either of the said recited acts, and shall have made a fair statement of their proceedings therein, which having been examined and approved by the court of Fayette county, shall be recorded therein, from thenceforth the said trustees shall be discharged from the said trust. | To lay a statement of their proceedings before the court of Fayette county. | |
| SECT. 5. And be it further enacted, That Percival Butler and Robert Barr, gentlemen, shall be and they | Two trustees added to the former. |
| are hereby added to the former trustees, with the same power and authority as any one particularly named in either of the said recited acts. | ||
| CHAP. XCVII. An act for paying a sum of money to Wills Cowper. (Passed the 23d of December, 1790.) | ||
| SECT. 1. WHEREAS it has been represented to the present General Assembly, that Wills Cowper of the town of Suffolk, furnished in the course of the late war eighty-seven barrels of corn for the use of the militia under the command of brigadier general Lawson, and has not received any compensation for the same: | Preamble. | |
| SECT. 2. BE it enacted by the General Assembly, That the said corn shall be estimated at the rate of ten shillings per barrel, and the auditor of public accounts shall and is hereby directed to issue to the said Wills Cowper a certificate for the same. | A certificate for a certain sum to be issued to Wills Cowper. | |
| CHAP. XCVIII. | ||
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| (Passed the 10th of December, 1790.) | ||
| SECT. 1. WHEREAS a lot of land in the county of Accomack, was purchased by joint contribution of divers persons resident as well in the said county as the county of Somerset in the state of Maryland, and appropriated to the purpose of religious worship, and it has been represented to this present General Assembly, that the persons living who are interested in the said land are desirous that the same should be sold: | Preamble. |
| SECT. 2. Be it therefore enacted by the General Assembly, That John Cropper, George Corbin, John Teackle and John Wise, gentlemen, shall be and they are hereby authorized and empowered to sell the said land and the buildings thereon to the highest bidder on twelve months credit, taking bond with sufficient security for the payment thereof, and to convey the same to the purchaser or purchasers in fee simple. | Trustees appointed to sell a lot of land in Accomack; | |
| SECT. 5. And be it further enacted, That the money arising from the sale thereof shall by the said John Cropper, George Corbin, John Teackle and John Wise be paid to the trustees of the Washington academy in the state of Maryland, and the Margaret academy in the county of Accomack for the use of the said academies in equitable proportion as near as may be to the original contributions of the inhabitants of the two counties above mentioned. | Money arising from the sale, how to be applied. | |
| CHAP. XCIX. | ||
| ||
| (Passed the 27th of December, 1790.) | ||
| BE it enacted by the General Assembly, That the following allowances shall be made to the officers of the General Assembly for their services during the present session: To the chaplain six pounds per week; to the clerk of the house of delegates thirty-five pounds per week; to the clerk of the senate seventeen pounds ten shillings per week; to the clerk of the committees of privileges and elections and propositions and grievances, twelve pounds ten shillings per week; to the clerk of the committees of religion and claims ten pounds per week; to the clerk of the committee for courts of justice ten pounds per week; to the serjeant at arms for the senate eight pounds ten shillings per week; to the serjeant at arms of the house of delegates eight pounds ten shillings per week; to each of the door-keepers of the senate and house of delegates five pounds per week; and to the person | Allowances to the officers of the General Assembly, for their services during the present session. |
| who cleans the capitol the sum of five pounds. This act shall commence and be in force from and after the passing thereof. | |
| IN THE HOUSE OF DELEGATES. | |
| Wednesday, the 3d of November, 1790. | |
| RESOLVED, That so much of the act intitled "An act making provision
for the debt of the United States," as assumes the payment of the state debts is repugnant to the
constitution of the United States, as it goes to the exercise of a power not granted to the
general government. December the 21st, 1790. −− Agreed to by the Senate. | |
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| Thursday, the 4th of November, 1790. | |
| RESOLVED, That so much of the act intitled "An act making provision
for the debt of the United States," as limits the right of the United States in their redemption
of the public debt, is dangerous to the rights and subversive of the interest of the people, and
demands the marked disapprobation of the General Assembly. December the 21st, 1790. −− Agreed to by the Senate. | |
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| Monday, the 8th of November, 1790. | |
| RESOLVED, That an act of the United States, intitled "An act making provision for the debt of the United States," so far as the same pledges the faith of the United States, and appropriates funds for the payment of certain debts due by the several states in the union, will in its operation be highly injurious to those states, which have by persevering and strenuous exertions, redeemed a considerable portion of the debts incurred by them during the late war, and will particularly produce great injury to this state; Because a large proportion of the debt |
| then contracted by this Commonwealth, having been already redeemed by the collection of
heavy taxes levied on its citizens, and measures having been taken for the gradual payment of the
balance, so as to afford the most certain prospect of extinguishing the whole at a period not
very distant, the Commonwealth, will by the operation of the aforesaid act, be involved for
payment of debts contracted by other states, which either have not paid any part thereof
themselves, or have reduced them but in a small proportion compared with the payments made by
this state; by means whereof a heavy debt will be intailed on this state, which never can be
extinguished by all its efforts, whilst any part of the debts contracted by any state in the
American union, and so assumed shall remain unpaid. December the 21st, 1790. −− Agreed to by the Senate. | |
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| Monday, the 22d of November, 1790. | |
| 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 of the house of representatives, whenever they are exercising their
legislative functions. Resolved therefore nemine contradicent, 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 United States, to hear the debates of their house whenever they are sitting in their legislative capacity. Resolved nemine contradicent, That the speakers of the two houses of the General Assembly, be requested to inclose copies of the foregoing resolution, to the legislatures of the several states in the union, requesting their co-operation in similar instructions to heir respective senators. November the 27th, 1790. −− Agreed to by the Senate. |
| Monday, the 6th of December, 1790. | |
| RESOLVED, That the executive be requested to transmit the
resolutions of the convention of Kentuckey, on the subject of the separation from the
Commonwealth of Virginia to the senators of this state, in the Congress of the United States,
with instructions, that they use their utmost exertions, to carry into full effect the object of
the said resolutions. December the 8th, 1790. −− Agreed to by the Senate. | |
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| MONDAY, the 20th of December, 1790. | |
| RESOLVED, That the act of Congress intitled "An act to enable the
officers and soldiers of the Virginia line on continental establishment to obtain titles to
certain lands lying north-west of the river Ohio between the little Miami and Scioto," renders
the entries and surveys made for the officers and soldiers of the continental line of this state
on the north-west side of the Ohio doubtful and precarious and destroys the rights of their
assignees which rights have been sanctioned by the laws of this Commonwealth. Resolved, That the expression of the said act is so vague as to leave it uncertain whether officers having title to lands under the acts and resolutions of the General Assembly of this Commonwealth, but who have not continued in service to the end of the war shall have grants on the warrants which have been issued to them. Resolved, That the executive be requested to transmit a copy of the foregoing resolutions together with the petition of the officers and soldiers of the Virginia line to the President of the United States. December the 22d, 1790. −− Agreed to by the Senate. |
| IN THE HOUSE OF DELEGATES. | |
| Thursday, the 16th of December, 1790. | |
| The General Assembly of the Commonwealth of Virginia, to the United States in Congress assembled. | |
| REPRESENT, THAT it is with great concern they find themselves compelled, from a sense of duty, to call the attention of Congress to an act of their last session, intitled "An act making provision for the debt of the United States," which the General Assembly conceive neither policy, justice nor the constitution warrants. Republican policy in the opinion of your memorialists could scarcely have suggested those clauses in the aforesaid act, which limit the right of the United States, in their redemption of the public debt. On the contrary they discern a striking resemblance between this system and that which was introduced into England, at the revolution; a system which has perpetuated upon that nation an enormous debt, and has moreover insinuated into the hands of the executive, an unbounded influence, which pervading every branch of the government, bears down all opposition, and daily threatens the destruction of every thing that appertains to English liberty. The same causes produce the same effects! In an agricultural country like this, therefore to erect, and concentrate, and perpetuate a large monied interest, is a measure which your memorialists apprehend must in the course of human events, produce one or other of two evils, the prostration of agriculture at the feet of commerce, or a change in the present form of fœderal government, fatal to the existence of American liberty. The General Assembly pass by various other parts of the said act which they apprehend will have a dangerous and impolitic tendency, and proceed to shew the injustice of it, as it applies to this Commonwealth. It pledges the faith of the United States, for the payment of certain debts due by the several states in the union, contracted by them during the late war. A large proportion of the debt thus contracted by this state, has been already redeemed by the collection of heavy taxes levied on its citizens, and measures have been taken for the gradual payment of the balance, so as to afford the most certain |
| prospect of extinguishing the whole at a period not very distant: But by the operation
of the aforesaid act a heavy debt, and consequently heavy taxes, will be entailed on the citizens
of this Commonwealth, from which they never can be relieved by all the efforts of the General
Assembly, whilst any part of the debts contracted by any state in the American union, and so
assumed, shall remain unpaid; for it is with great anxiety your memorialists perceive, that the
said act, without the smallest necessity, is calculated to extort from the General Assembly the
power of taxing their own constituents for the payment of their own debts, in such a manner as
would be best suited to their own ease and convenience. Your memorialists cannot suppress their
uneasiness at the discriminating preference which is given to the holders of the principal of the
continental debt, over the holders of the principal of the state debts, in those instances where
states have made ample provision for the annual payment of the interest, and where of course
there can be no interest to compound with the principal, which happens to be the situation of
this Commonwealth. The continental creditors have preferences in other respects, which the
General Assembly forbear to mention, satisfied that Congress must allow, that policy, justice and
the principles of public credit abhor discriminations between fair creditors. Your memorialists
turn away from the impolicy and injustice of the said act, and view it in another light, in which
to them it appears sill more odious and deformed. During the whole discussion of the fœderal constitution by the convention of Virginia, your memorialists were taught to believe "That every power not granted, was retained," under this impression and upon this positive condition, declared in the instrument of ratification, the said government was adopted by the people of this Commonwealth; but your memorialists can find no clause in the constitution, authorizing Congress to assume the debts of the states! As the guardians then of the rights and interests of their constituents, as sentinels placed by them over the ministers of the fœderal government, to shield it from their encroachments, or at least to sound the alarm when it is threatened with invasion, they can never reconcile it to their consciences, silently to acquiesce in a measure, which violates that hallowed maxim: A maxim on the truth and sacredness of which the fœderal |
| government depended for its adoption in this Commonwealth. But this injudicious act not
only deserves the censure of the General Assembly, because it is not warranted by the
constitution of the United States, but because it is repugnant t an express provision of that
constitution; this provision is "That all debts contracted and engagements entered into, before
the adoption of this constitution, as under the confederation," which amounts to a constitutional
ratification of the contracts respecting the state debts in the situation in which they existed
under the confederation, and resorting to that standard, there can be no doubt, that in the
present question, the rights of states as contracting parties with the United States, must be
considered as sacred. The General Assembly of the Commonwealth of Virginia confide so fully in the justice and wisdom of Congress upon the present occasion, as to hope that they will revise and amend the aforesaid act generally, and repeal in particular, so much of it as relates to the assumption of the state debts. December the 23d, 1790. −− Agreed to by the Senate. |
| Pages 193-214
| Pages 241-261
|