Pages 262-282
|  Pages 306-330
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| Pages 262-282
| Pages 306-330
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| CHAP. XLIII. An act to establish several new Ferries, and discontinue a former one. (Passed December 9th, 1791.) | |
| SECT. 1. BE it enacted by this present General Assembly, That public ferries shall be constantly kept at the following places, and the rates for passing the same are hereafter mentioned, that is to say: From the land of Cornelius Brown, in the county of Montgomery, across New 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 Samuel Pepper, known by the name of Buffaloe Pond, in the county of Montgomery, across New river, to his land on the opposite shore, the price for a man three pence, and for a horse the same; from the lands of the representatives of Edward Duling, deceased, in the occupation of Edmund Martin, in the county of Ohio, across Ohio river to the opposite shore, the price for a man four pence half-penny, and for a horse the same; from the lands last mentioned, across the mouth of Fishing creek, to the lands of Robert Woods, on the lower side of the said creek, the price for a man two pence, and for a horse the same; from the land of Robert Woods, in the county of Ohio, across Ohio river to the opposite shore, the price for a man four pence half penny, and for a horse the same; from the land of the said Robert Woods across the mouth of Fishing creek to the lands of Edward Duling, deceased, the price for a man two pence, and for a horse the same; from the land of Gustavus Scott, whereon Hawkins Stone liveth, in the county of Stafford, across Patowmac river, to the lands of Clement Kennedy, in the state of Maryland, the price for a man two shillings, and for a horse the same; from the land of Benjamin Edwards, at the mouth of Goose creek, in the county of Loudon, across Patowmac river, to the lands in the occupation of John Baptist Pierce, on the opposite shore, in the state of Maryland, the price for a man four pence, and for a horse the same; from the land of John Hooe, in the county of Prince William, across Occoquan river, to the Old warehouse, on the lands of the late John Semple, in the county of | Ferries established. across New river, New river. Ohio, Fishing creek, Ohio, Fishing creek, Patowmac, Patowmac, Occoquan, |
| Fairfax, the price for a man three pence, and for a horse the same; from the land of George Hollinbough, in the county of Monongalia, across Monongahela river, to the land of Asay Holl, on the opposite shore, the price for a man three pence, and for a horse the same; from the land of Thomas Lewis, in the county of Kanawha, across Ohio river, to the land of Isaac Guyan, on the opposite shore, the price for a man four pence half-penny, and for a horse the same; from the land of the said Thomas Lewis, across the Kanawha river, to the land of Robert Henderson, on the opposite shore, the price for a man four pence, and for a horse the same; from the land of Joseph Martin, in the county of Lincoln, across Cumberland river, to the land on the opposite shore, claimed by William Hord, the price for a man one shilling and six pence, and for a horse the same; from the land of Dudley Evans, in the county of Monongalia, across Monongahela river, to the lands of George Wilson, the price for a man three pence, and for a horse the same; and from the land of John Collins, in the county of Monongalia, at the mouth of Robinson's run, across Monongahela river, to the lands of Jesse Martin, on the opposite shore, the price for a man three pence, and for a horse the same. | Monongahela, Ohio, Kanawha, Cumberland, Monongahela, Monongahela, |
| SECT. 2. And for the transportation of wheel carriages, tobacco, cattle and other beasts, at the places aforesaid, the ferry keepers may respectively 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 thereof, 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, lamb or hog, one-fifth part of the ferriage for one horse, and no more. | Rates. |
| SECT. 3. If the ferry keeper at either of the places aforesaid, shall demand and receive from any person or persons whatsoever, any greater rates, than are hereby allowed for the ferriage or carriage of any thing, he shall for every such offence forfeit and pay to the party grieved, the ferriages demanded and 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 receving more than the legal rates. |
| SECT. 4. And be it further enacted, That the ferry heretofore established from the land of Dudley Evans, to the lands of Rees Bullock, shall be henceforth discontinued. | Evans's ferry discontinued. | |
 CHAP. XLIV. | ||
| ||
| (Passed December 15th, 1791.) | ||
| SECT. 1. BE it enacted by the General Assembly, That the male labouring tithables appointed to work in clearing Blackwater river, shall not be required by the surveyor, nor shall they be compelled to work in clearing the same, more than ten days in any one year. | Tithables to work on the river ten days in each year. | |
| SECT. 2. The courts of the counties of Southampton and Isle of Wight, are hereby respectively empowered, upon good cause shewn, to remit any penalty incurred, or fine imposed on any surveyor, by virtue of the act, intituled, "An act for opening the navigation of Blackwater river, from Little town on the said river, to Broadwater bridge." | County courts may remit fines on the surveyors. | |
| SECT. 3. This act shall commence and be in force from and after the passage thereof. | Commencement of the act. | |
| CHAP. XLV. An act giving further time for opening and completing certain roads. (Passed December 10th, 1791.) | ||
| SECT. 1. BE it enacted by the General Assembly, That the further time of one year, from and after the passing of this act, shall be allowed the commissioners for opening and completing the two roads, the one from | Further time for completing the roads. |
| the state road to the mouth of the Little Kanawha, and the other from the state road to the mouth of Fishing creek, on the Ohio river. | ||
| SECT. 2. And be it further enacted, That it shall be lawful for the commissioners appointed to open the said roads, to demand and receive from the sheriffs or collectors of the counties of Ohio, Randolph, Monongalia and Harrison, respectively, so much of any taxes now due, as will be sufficient to complete the opening of the said roads. Provided, the sums to be received by the said commissioners shall not exceed in the whole, the sum of two thousand pounds. | Taxes due in certain counties to be paid to the commissioners for that purpose. | |
| SECT. 3. This act shall commence and be in force from and after the passage thereof. | ||
| SECT. 4. Provided also, That nothing herein contained shall authorise the sheriffs or collectors of the revenue in the said counties, to pay to the commissioners any part of the taxes which became due since the thirty-first day of October, one thousand seven hundred and ninety, until the commissioners shall have actually received from the sheriffs or collectors, all the arrearages of taxes that remain unpaid and heretofore appropriated for the completion of the said roads, and the sum to be received by the commissioners shall not, together with what they have already received, exceed the sum of two thousand pounds. | Arrearages heretofore appropriated to be first received. The whole sum received, and to be received, not to exceed 2000l. | |
| CHAP. XLVI. | ||
| ||
| (Passed December 7th, 1791.) | ||
| SECT. 1. WHEREAS it is represented by the trustees appointed by the act, "An act for opening and improving the navigation of Mattapony river," that the number of the said trustees is so numerous and dispersed, as to obstruct the objects of the said act; that the board of trustees are not sufficiently responsible to subscribers for opening the said river to induce individuals to risk their money; that no power is given to the | Preamble. |
| said trustees to establish a fund and to divide the same into shares, and that no adequate forfeitures are inflicted if hedges or stops should be erected to obstruct the navigation of the said river, after it has been opened as the law directs: For remedy whereof, Be it enacted by the General Assembly, That the number of trustees in, and by the said recited act appointed, shall be reduced to eleven, to wit: Edmund Pendleton, Francis Corbin, John Baylor, Edmund Pendleton, junior, John Hoomes, Mungo Roy, John Taylor, Nathaniel Burwell, Joseph Hilliard, junior, James Pendleton, and Thomas Martin, any five of whom, or of their successors, shall be a board sufficient to act; that the said trustees shall hold their places for the term of two years only, from the first day of January next, and that new trustees shall be every two years elected by the subscribers holding a majority of shares, each subscriber giving one vote for every share he possesses, and voting either in person or by proxy, Provided, That until an election shall be made from time to time, by those holding the said shares, or a majority thereof, the former trustees shall continue to act, although their two years may have expired. | Number of trustees reduced to eleven. Five to constitute a board. New trustees, when to be appointed. |
| SECT. 2. All suits by or against the said trustees, shall be in the names of them and their successors; nor shall any suit abate on the going out of office of any trustee or trustees, by death, resignation, or otherwise, but shall proceed for the benefit of the trust, or party suing, to judgment and execution, as if no change had taken place. | Suits how to be instituted by and against them. |
| SECT. 3. The said trustees shall have power to direct subscriptions to be made for so many shares, at the rate of five pounds for each share, as they shall deem adequate to the purposes of the said recited act. | Trustees to receive subscriptions. |
| SECT. 4. And be it further enacted, That if any person shall make or erect any hedge or stop in any part of the said river after the first day of January next, or shall aid or assist in making or erecting any such hedge or stop, the person so offending, shall for every such offence forfeit and pay the sum of one hundred pounds; to be recovered with costs, by bill, plaint, or information, in any court of record, in the names of the trustees and their successors, for the use of those intitled to the tolls in the said recited act mentioned, at the time of such recovery. | Penalty on any person placing hedges, &c. in the river. |
| SECT. 5. And be it further enacted, That no person or persons, except the said trustees and their successors, shall be permitted to sue for the penalty by the said recited | Trustees only to sue for penalties for felling |
| act inflicted, for felling any tree into the said river, but that the said trustees may also sue for and recover the said penalties for the use of those intitled to the tolls in manner aforesaid. | trees into the river. |
| SECT. 6. And be it further enacted, That the said trustees and their successors shall be permitted to appoint a clerk, and to keep a fair record of their proceedings from time to time; which said proceedings at the end of every meeting, shall be signed by the members present, and attested by the clerk, and shall be admitted as evidence in any controversy between the trustees and those interested in the shares, or between the latter themselves. | To appoint a clerk, & keep a record of their proceedings |
| SECT. 7. So much of the said recited act, and all other acts as is contrary to this, shall be and is repealed. | Repealing clause. |
| SECT. 8. This act shall commence on the first day of January next. | Commencement of the act. |
| CHAP. XLVII. An act concerning the Nansemond tribe of Indians. (Passed December 7th, 1791.) | |
| SECT. 1. WHEREAS it was represented to the General Assembly, in the year one thousand seven hundred and eighty-six, that the Nansemond tribe of Indians had become so reduced in their number as not to exceed five persons, who, through old age, and bodily infirmities, were rendered unable to support themselves by labour, and for affording them relief, an act then passed, authorising a sale of their lands on which they resided in the county of Southampton, to a certain William Bennet, who having advanced them a small sum of money had contracted for the purchase thereof, but who departed this life insolvent, before he had complied with the conditions of the said contract: And whereas the said tribe of Indians have since the death of the said William Bennet, agreed to sell their said lands, containing about three hundred acres, to a certain Alexander M'Neill, and have made application to this Assembly for trustees to be appointed to join them in the conveyance thereof: | Preamble. |
| Be it therefore enacted, That James Wilkinson, Edwin Gray, John Thomas Blow, Thomas Edmunds, Benjamin Kirby, Josiah Vick, and Robert Goodwyn, gentlemen, are appointed trustees for the said Indians; and that they, or any five of them, shall, and they are hereby required and empowered, upon the said Alexander M'Neill's giving bond and sufficient security, to be approved of by the court of Southampton county, in a reasonable penalty, to pay to the said trustees, or their survivors, for the use of the said tribe of Indians, the amount of the consideration money, to join with the said Indians, or the major part of them, in conveying the said land to the said Alexander M'Neill in fee. Provided nevertheless, The said trustees may refuse to join in the said conveyance, if they, or any five of them, shall be of opinion that the said purchase money is not the full value of the said land. | Trustees appointed to convey the lands belonging to the Nansemond Indians. |
| SECT. 2. The said trustees, or the survivors or survivor of them, shall out of the first monies coming to their hands from the said sale pay to the lawful representatives of the said William Bennet, deceased, the amount of the money which was advanced by him in his lifetime to the said tribe of Indians, with legal interest thereon to the time of such payment. The said trustees, or their survivors, shall apply five pounds of the residue of the said purchase money first (exhausting the interest) to the annual maintenance of each of the said Indians, so long as there be any of the said tribe living; and when the said tribe shall become extinct, the said trustees, or the survivors or survivor of them, shall thereupon pay so much of the purchase money and interest, as shall remain unapplied to the purposes aforesaid, into the public treasury. | Purchase money, how to be applied. |
| SECT. 3. So much of any act or acts, as comes within the purview of this act, shall be, and the same is hereby repealed. | Repealing clause. |
| CHAP. XLVIII. An act adding part of the county of Henry to the county of Patrick. (Passed November 30th, 1791.) | |
| SECT. 1. BE it enacted by the General Assembly, That all that part of the county of Henry, lying to the south of a line beginning one mile above Town creek, on the line dividing the counties of Franklin and Henry, and running thence a direct course to the North-Carolina line at the lower crossing of Crooked creek, a branch of Mayo river, shall be, and the same is hereby added to, and made part of the county of Patrick. | Part of Henry county added to Patrick. |
| SECT. 2. It shall be lawful for the sheriff of the county of Henry, to collect and make distress for any public dues or officers fees which shall remain unpaid by the inhabitants of that part of the said county of Henry hereby added to the county of Patrick, and shall be accountable for the same in like manner as if this act had not been made. | Public dues &c. in that part of Henry, how to be collected. |
| CHAP. XLIX. An act concerning the Academy in the county of Accomack. (Passed December 3d, 1791.) | |
| SECT. 1. BE it enacted by the General Assembly, That Lyttleton Upshur and Peter Bowdoin, gentleman, of the county of Northampton, shall be, and they are hereby constituted and appointed trustees of Margaret academy, in the county Accomack, in addition to the former trustees, and shall have the same power and authority as if they had been named in the act for establishing the said academy. | Certain persons added to the trustees of the academy. |
| SECT. 2. In case of the death, resignation, or removal of any one or more of the trustees of the said academy, the vacancy thereby occasioned shall be supplied | Vacancies, how to be supplied. |
| by the election of a person resident in that county, in which the person did reside, in whose stead and place he was elected, so as thereby to keep up an equal number of trustees in each of the said counties of Accomack and Northampton. | ||
| SECT. 3. This act shall commence and be in force from and after the passing thereof. | Commencement of the act. | |
| CHAP. L. | ||
| ||
| (Passed December 8th, 1791.) | ||
| SECT. 1. WHEREAS by an act of the last session, intituled, "An act to amend an act, intituled, An act appropriating one-sixth part of the surveyors fees in the district of Kentucky to the use of the Transylvania seminary and for other purposes," the surveyors of the said district then in office, were directed and required to account for and pay one-sixth of the fees received by them annually, to the trustees of the Transylvania seminary: And whereas it is represented that several surveyors of the said district had resigned their offices before the passing of the said act, and cannot therefore be brought to account for, and pay the one-sixth of the fees accruing by virtue of their office: For remedy whereof, Be it therefore enacted, That all those surveyors in the said district, who were in office at the time of passing the act, intituled "An act appropriating one-sixth part of the surveyors fees in the district of Kentucky to the use of the Transylvania seminary and for other purposes," which passed on the thirteenth day of December, one thousand seven hundred and eighty-seven, or came into office thereafter, and resigned before the twentieth day of December, one thousand seven hundred and ninety, when the first recited act passed, shall account for, and pay the one-sixth part of the fees, which became due to them, | Preamble. Certain surveyors in the district of Kentucky, to account for one-sixth of their fees to the trustees of the academy. |
| whilst in office, in like manner, and subject to the same penalties and recovery, as is directed and prescribed by the first recited act | ||
| SECT. 2. This act shall be in force from and after the passing thereof. | Commencement of the act. | |
| CHAP. LI. | ||
| ||
| (Passed November 25th, 1791.) | ||
| SECT. 1. WHEREAS it is represented to this present General Assembly, that the present number of trustees of the Randolph academy, from their remote situation, are unable generally to attend to the urgent and peculiar concerns of the said academy: For remedy whereof, Be it enacted, That Benjamin Coplin, John W. Loftbury, Maxwell Armstrong, George Arnold, William Barkly, William Robinson, John Haymond, and James Arnold, gentlemen, shall be, and they are hereby constituted trustees of the Randolph academy, in addition to those appointed by the act "For establishing an academy, and incorporating the trustees thereof," and shall have the same powers and authority as if they had been particularly named in the said recited act. | Preamble. Certain persons added to the trustees of the academy. | |
| SECT. 2. And it appearing that the eighty and ninth sections of the said recited act are insufficient for the purposes thereby intended, Be it therefore further enacted, That the chairman of the said academy shall have full power and authority to call a meeting of the said trustees, as often as to him may seem necessary and expedient; any thing in the said recited at to the contrary notwithstanding. | The chairman to call meetings when necessary. | |
| SECT. 3. This act shall be in force from and after the passage thereof. | Commencement of the act. |
| CHAP. LII. | ||
| ||
| (Passed December 1st, 1791.) | ||
| SECT. 1. WHEREAS the Scottville Lodge of Free Masons, have made application to this Assembly to pass an act authorising them to raise by way of lottery, a sum of money to be applied towards erecting a building in or near the town of Scottville, for the purpose of an academy, with a reservation of the upper story thereof to the use of the said lodge of Free Masons; and that trustees may be appointed and constituted a body politic and corporate, for the government of the said academy: Be it therefore enacted, That it shall and may be lawful for the Free Masons of the said lodge, to raise by way of lottery, a sum of money not exceeding one thousand pounds, for the purposes aforesaid, under the direction and management of John Pride, Edward Carrington, William Giles, senior, William Ronald, William B. Giles, Samuel Pleasants, William Fleming, Littleberry Mosby, senior, Richard Crump, William Bentley, Tarlton Woodson, Frederick Woodson, John K. Read, John Royall, James Henderson, James Worrall, William R. Fleming, Peter F. Archer, Wade Woodson, John Ligon, James Clarke, Brett Randolph, John Archer, and Joseph Eggleston, who are hereby constituted a body politic and corporate, by the name of "The trustees of the Scottville Lodge Academy;" and by that name shall have perpetual succession and a common seal. | Preamble. Scottville lodge of Masons to raise a sum of money by lottery, under the direction of trustees for building an academy; The trustees incorporated. | |
| SECT. 2. The said trustees shall hold their first session in the town of Scottville, on the twenty-seventh day of December next, and then, or as soon after as may be, fix on some convenient place for erecting the said academy. The said trustees, and their successors by the name aforesaid, shall be capable in law to purchase, receive and hold to them and their successors for ever, lands, tenements, rents, goods or chattels, of what kind soever, which shall be given, devised to, or purchased by them for the use of the said academy, and to sell, let or dispose of the same, in such manner as to them shall | To meet and fix on a place for the academy. Powers and duties of the trustees. |
| seem most beneficial for the said academy. The said trustees, by the name aforesaid, may sue and be sued, plead and be impleaded, in any court of law or equity. They shall have power from time to time, to make by laws, and establish such rules and orders (not contrary to the laws and constitution of this Commonwealth) as they may judge necessary for the government of the said academy. They shall elect annually a chairman, treasurer, and clerk, and shall hold two stated sessions in every year at the said academy, at such times as they shall appoint, any seven of whom shall be a sufficient number to proceed to business, and execute the powers vested by this act in the trustees of the said academy. The chairman, upon the request of three or more of the said trustees, shall call a meeting. | Meetings of the trustees to be called by the
chairman. |
| SECT. 3. Provided always, and be it further enacted, That no real estate shall be purchased for the said academy, or disposed of, without the concurrence of a majority of the said trustees. | Concurrence of a majority of the trustees necessary to purchase or sell real estate. |
| SECT. 4. It shall be lawful for the said trustees to appoint the professors and other officers of the said academy, and to supply vacancies by the death, resignation, removal from office, or other disability of any of the said trustees, professors, or other officers. The trustees, professors, and other officers, shall, before they enter on the execution of their respective duties of office, take the oath of fidelity to the Commonwealth, and an oath, that they will faithfully discharge the trust reposed in them. The said oaths shall be administered to the chairman, in the court of the county, and by the chairman to the other trustees, professors and officers. | Professors and officers of the academy, how to be appointed. |
| SECT. 5. The clerk shall make up a fair record of all the proceedings of the said trustees; which any trustee, professor, officer, or student of the said academy, shall have the liberty to inspect. | Record to be kept of the proceedings of the trustees. |
| SECT. 6. The treasury shall receive all monies accruing to the said academy, and other property delivered or put in his care belonging thereto, and pay or deliver the same to the order of the trustees. He shall, before he enters on the execution of his office, give bond with sufficient security, in such sum as the trustees shall direct, payable to them and their successors, with a condition for the faithful discharge of the trust reposed in him, and that he will, when required by the said trustees, | Duty of the treasurer of the academy. |
| render a just and true account of all monies, goods and chattels received by him, on account and for the use of the said academy. | |
| CHAP. LIII. An act concerning the corporation of the town of Petersburg. (Passed December 10th, 1791.) | |
| SECT. 1. BE it enacted by the General Assembly, That whensoever the common hall of the town of Petersburg shall judge it necessary to purchase any lot or parcel of land for the use of the said town; to erect or repair any public buildings; to build or repair any wharf; to make any causeway; to sink common sewers or drains; to repair any street or road; to appoint watchmen, or to fix lamps to light the town, they shall appoint a day for the meeting of the freeholders and housekeepers of the said town, qualified by law to vote for members of the common hall, and give at least two weeks previous notice of the time and place of such meeting, by publication in the Gazette of the said town, or otherwise advertising the same in the most public places therein. If the freeholders or housekeepers, who meet the mayor, recorder, or eldest alderman, shall amount to the number of thirty, and they, or a majority of them, or the majority of a larger number that may meet, agree to adopt the measure proposed by the common hall, that then and in that case only, it shall be lawful for the common hall, to levy, assess, and collect a sum or sums of money, sufficient for those purposes, in like manner, as is directed for carrying into effect the other powers vested in the common hall, Provided always, that nothing herein contained, shall be deemed or taken to prevent or restrain the common hall from imposing and levying a tax within the said town, not exceeding the sum of one hundred pounds in any one year, for the purposes aforesaid, or such of them as they shall think necessary. | Common-hall to obtain the assent of a certain number of the electors before they can levy taxes for certain purposes. |
| SECT. 2. The election of members of the common hall of the said town, shall hereafter be made on the first | Day of election of the members changed. |
| Monday in September annually, instead of the first Wednesday. | |
| SECT. 3. So much of all and every act and acts, as comes within the purview of this act, is hereby repealed. | Repealing clause. |
| SECT. 4. This act shall commence and be in force on the first day of January next. | Commencement of the act. |
| CHAP. LIV. An act to establish several Towns, and for other purposes. (Passed December 7th, 1791.) | |
| SECT. 1. BE it enacted by the General Assembly, That fifty acres of land, the property of James Blanton, lying on Roanoke river, in the county of Mecklenburg, shall be, and the same are hereby vested in Samuel Hopkins, Samuel Goode, William Davis, William Baskerville, William Starling, Charles Davis, and Edward Davis, gentlemen, trustees, to be by them or a majority of them, laid off into lots of half an acre each, with convenient streets, and established a town, by the name of Saint Taminy. | Towns of St. Tamany, in Mecklenburg; |
| SECT. 2. That fifty acres of land, the property of George Payne, on James river, in the county of Goochland, shall be, and they are hereby vested in John Guerrant, jun. William R. Fleming, Joseph Watkins, John Curd, Thomas Royster, Isaac W. Pleasants, and Samuel Woodson, gentlemen, trustees, to be by them, or a majority of them, laid off into lots of half an acre each, with convenient streets, and established a town, by the name of George-Town. | George-town, in Goochland; |
| SECT. 3. That fifty acres of land, the property of John Lynch, adjoining his ferry, in the county of Amherst, shall be, and the same are hereby vested in Samuel Meredith, Samuel Jordan Cabell, Ambrose Rucker, John Wiatt, Benjamin Rucker, David Woodrough, Powhatan Bolling, and David Tinsley, gentlemen, trustees, to be by them, or a majority of them, laid off into lots of half | Madison, in Amherst; |
| an acre each, with convenient streets, and established a town, by the name of Madison. | |
| SECT. 4. That fifty acres of land, belonging to the county of Henry, and lying around the courthouse of the said county shall be, and the same are hereby vested in George Waller, George Hairston, John Fontain, David Lanier, Alexander Hunter, Thomas Stovall, John Redd, Joseph Anthony, William Shelton, James Baker, and Joseph Bouldin, gentlemen, trustees, to be by them, or a majority of them, laid off into lots of half an acre each, with convenient streets, and established a town, by the name of Martinsville. | Martinsville, in Henry; |
| SECT. 5. That one hundred acres of land, the property of George Keisell, in the county of Rockingham, as the same are now laid off into lots and streets, shall be established a town, by the name of Keisell's-Town; and that George Houston, George Carpinter, Martin Earheart, Peter Nicholass, John Snapp, John Swisher, and John Pierce, gentlemen, shall be, and they are hereby constituted trustees thereof. | Keisell's-Town, in Rockingham, |
| SECT. 6. That the lots and streets as the same are already laid off at the mouth of Buffaloe creek, on the Ohio river, in the county of Ohio, shall be, and the same are hereby established a town, by the name of Charlestown; and that William M'Mechan, Benjamin Biggs, George Cox, George White, James Marshall, James Griffith, John Green, John Connal, and Samuel Brown, gentlemen, are appointed trustees thereof. | Charlestown, in Ohio; |
| SECT. 7. That ten acres of land adjoining the courthouse in the county of Southampton, the property of Joseph and William Scott, shall be, and they are hereby vested in Edwin Gray, James Wilkinson, Samuel Kello, Benjamin Blunt, Thomas Ridley, Benjamin Ruffin, Robert Goodwyn, and John Taylor, gentlemen, trustees, to be by them or a majority of them, laid off into lots of half an acre each, with convenient streets, and established a town, by the name of Jerusalem. | Jerusalem, in Southampton; |
| SECT. 8. That the lots and streets as the same are already laid off in the county of Berkeley, the property of James Buckells, shall be, and the same are hereby established a town, by the name of Darksville; and that Andrew Waggener, James Strode, John Fryett, John Butler, John Chinworth, and Edward Fryett, gentlemen, are hereby constituted trustees thereof. | and Darksville in Berkeley, established. |
| SECT. 9. So soon as the lands of the said James Blanton, George Payne, John Lynch, at Henry courthouse, and at Southampton courthouse, shall respectively be laid off into lots, the trustees of each, or a majority of them, shall proceed to sell the same at public auction, for the best price that can be had, the time and place of the sale of the said lots in the towns of St. Taminy, George-Town, Madison, Martinsville, and Jerusalem, shall be previously advertised two months in the Virginia Gazette, and convey the same to the purchasers thereof in fee, subject to the condition of building on each lot a dwelling house sixteen feet square at least, with a brick or stone chimney, to be finished fit for habitation within five years from the day of sale, and to pay the money arising from the sales of the said lots to the proprietors of the said lands respectively, or their legal representatives. | Lots when and how to be sold. Conditions on which the lots are to be sold. |
| SECT. 10. The trustees of the said towns respectively, or a majority of them, are empowered to make such rules and orders for the regular building of houses therein, as to them shall seem best, and to settle and determine all disputes about the bounds of the said lots. | Powers of the trustees. |
| SECT. 11. So soon as the purchasers of lots in the said towns shall have built thereon according to the conditions of their respective deeds of conveyance, they shall then be entitled to, and have and enjoy, all the rights, privileges and immunities, which the freeholders and inhabitants of other towns in this state, not incorporated, hold and enjoy. | Privileges of the purchasers of lots. |
| SECT. 12. If the purchaser of any lots in the towns of Saint Taminy, George-Town, Madison, Martinsville, Keisell's-Town, Charlestown, Jerusalem, and Darksville, or either of them, shall fail to build thereon, within the time herein before limited for that purpose, the trustees of the said town, where such failure shall happen, may thereupon enter into such lot, and sell the same again, and apply the money for the benefit of the inhabitants of the said town. | Lots forfeited on failure to perform the conditions of the purchase. |
| SECT. 13. Provided always, and be it further enacted, That it shall not be lawful for the trustees of the said town of St. Taminy, in the county of Mecklenburg, to include the ferry landing or house adjoining thereto, within the limits of the said town | Ferry-house and landing not to be included in the town in Mecklenburg |
| SECT. 14. Provided also, That the trustees of the said town of Martinsville, at Henry courthouse, shall not sell | Improved lots in the town at Henry courthouse. |
| any of those lots on which buildings either public or private are erected. | not to be sold. | |
| SECT. 15. And be it further enacted, That the owners of the water lots in the town of Portsmouth, are hereby authorised to lay off a water street in the town of Portsmouth, beginning at the north end of the said town, and running parallel with the other streets to the south end. Provided nevertheless, That private property shall not in any manner be injured, or affected by the laying off the said street, without the consent of the owner or owners thereof having been first obtained. | Owners of water lots in Portsmouth to lay off a street. | |
| SECT. 16. The act intituled, "An act to establish a town at the courthouse in the county of Buckingham," shall be, and the same is hereby repealed. | Act establishing town of Greensville repealed. (See vol. 11, p. 29.) | |
| SECT. 17. This act shall commence and be in force on the first day of January next. | ||
| CHAP. LV. | ||
| ||
| (Passed December 8th, 1791.) | ||
| SECT. 1. WHEREAS the purchasers of lots in the town of Warminster, in the county of Amherst, from difficulty of procuring materials, have not been able to build thereon, within the time prescribed by law: Be it therefore enacted, that the further time of two years, from and after the passing of this act, shall be allowed the purchasers of lots in the said town to build upon and save the same. | Further time allowed for improving lots in the town of
Warminster. | |
| SECT. 2. And be it further enacted, That John Thruston, William Croghan, and Henry Read, gentlemen, or any two of them, be authorised and empowered to execute and exercise the powers vested in the trustees named in the act, intituled, "An act to explain and amend the several acts of Assembly concerning the town of Louisville, in the county of Jefferson, and for other purposes," in the same manner as the commissioners in the said act are directed and required. | Trustees appointed for the town of Louisville. |
| CHAP. LVI. | ||
| ||
| (Passed December 9th, 1791.) | ||
| BE it enacted by the General Assembly, That Francis Boykin, Benjamin Fley, John Scasbrooke Wills, James Wills, Thomas King, and George Benn, gentlemen, shall be, and they are hereby constituted and appointed trustees of the town of Patesfield, in the county of Isle of Wight, in addition to those appointed by the act, intituled, "An act for vesting certain lots and streets in the town of Patesfield in trustees, and for other purposes therein mentioned," and shall have the same power and authority, as if they had been particularly named in the said recited act. | Certain persons added to the trustees of Patesfield. | |
| CHAP. LVII. | ||
| ||
| (Passed November 14th, 1791.) | ||
| WHEREAS the purchasers of lots in the town of Charlestown, in the county of Mason, from the difficulty of procuring materials have not been able to build on their said lots within the time prescribed by law: Be it therefore enacted by the General Assembly, That the further time of two years from the passing of this act, shall be allowed the purchasers of lots in the said town to build upon and save the same. | Preamble. Further time allowed for improving the lots. |
| CHAP. LVIII. An act concerning the marriage of Robert Turnbull. (Passed December 10th, 1791.) | |
| SECT. 1. WHEREAS a marriage was solemnized in the month of March, one thousand seven hundred and ninety, between Robert Turnbull, of the county of Prince-George, and Sarah Buchanan, of the county of Baltimore, and state of Maryland; and it has been represented, by the petition of the said Robert, that the said Sarah is wholly incapable of consummating the said marriage: And whereas there is no tribunal before which such fact can be inquired into, and which if ascertained, will by the common law render the said marriage null and void: Be it therefore enacted, That it shall and may be lawful for the said Robert to file his bill in the high court of chancery, setting forth the incapacity of the said Sarah for consummation, to the truth of which the said Robert shall make oath before some justice of the peace; whereupon a subpœna shall issue from the said high court of chancery, directed to the said Sarah, and commanding her to appear at the return day of the term next ensuing the filing the said bill, to answer the same, according to the rules of the said court; which said subpœna shall be served upon, or, the contents thereof read to the said Sarah, or if she not be found, a copy thereof shall be left at the last and usual place of abode of her the said Sarah, at least fifteen days before the return day aforesaid, and upon proof of the service of the said subpœna in manner aforesaid, if the said Sarah shall not appear and file her answer, according to the rules of the said court, an alias subpœna shall issue against the said Sarah, commanding her to appear in manner aforesaid, returnable to the succeeding term of the said high court of chancery; and if upon proof to the judge of the said court, that the said alias has been executed in manner aforesaid, and the said Sarah shall neglect to appear, the bill of the said Robert shall be taken for confessed, and the marriage aforesaid decreed to be null and void: Provided, that such decree shall not be final until three calender months shall have elapsed from the making the | Preamble. Robert Trumbull authorised to file a bill in the court of chancery against his wife stating her incapacity for consummation. Bill to be taken for confessed and the marriage decreed void in case she fails to appear and answer. |
| same, within which time the said Sarah may come in and file her answer to the bill of the said Robert; and if the said Sarah shall secrete or absent herself so that no process can be served upon her, upon proof thereof, in that case publication shall be made by order of the said court, and fixed at the door of the court-room, informing the said Sarah, that unless she shall enter an appearance and file her answer to the bill of the said Robert, within six months from the date of the said publication, the bill of the said Robert will be taken for confessed, and the marriage aforesaid decreed null and void; which publication shall also be made in some one of the Virginia Gazettes, at the costs of him the said Robert, for the space of six weeks: But if the said Sarah shall enter her appearance, and file her answer according to the rules of the said court, the said cause shall be immediately set for trial, and the court shall proceed to try the same the term next ensuing the filing the said answer, unless good cause be shewn to the contrary. | Publication to be made if process cannot be served. Cause to be set for trial when her answer is filed.. |
| SECT. 2. And whereas from the nature of the case, the usual mode of proceedings in the said high court of chancery may be inadequate to the doing complete justice, the judge of the said court is, and shall be authorised to adopt such mode of trial and proof in the said cause, as he in his discretion shall think best adapted to come at the truth of the facts which shall be alledged in the bill of the said Robert; and if upon the trial of the said cause, the judge of the said court shall be satisfied that the facts stated in the bill of the said Robert are true, he shall decree the marriage aforesaid to be null and void; or if the said Sarah shall fail or refuse to submit to such modes of proof as the said judge shall in his discretion think fit and proper in the said cause, upon proof thereof, the bill of the said Robert shall be taken for confessed, and the marriage aforesaid decreed null and void. | The chancellor to direct the mode of trial and
proof. And to decree the marriage void if the facts are proved; or if she refuses to submit to the trial, &c. |
| SECT. 3. This act shall commence and be in force from and after the passing thereof. | Commencement of the act. |
| CHAP. LIX. | ||
| ||
| (Passed November 16th, 1791.) | ||
| SECT. 1. WHEREAS it is represented to this Assembly, that Philip Lutz late of the county of Jefferson, died seized of eight hundred acres of land, lying and being in the said county of Jefferson, and that the said Philip died intestate, and without heirs, leaving Mary Lutz his widow, who hath since intermarried with a certain William Cooper: And whereas the said William Cooper and Mary his wife, have petitioned this Assembly, that the same may be vested in the said Mary Cooper and her heirs: Be it therefore enacted, That all the right, title, interest, claim and demand, which now exists in the Commonwealth, or upon any office hereafter to be found, shall be established therein, shall pass, descend and be vested in the said Mary Cooper and her heirs in fee simple. | Preamble. Interest of the Commonwealth in certain land vested in Mary Cooper. | |
| SECT. 2. Saving nevertheless, the rights legal and equitable of all and every person and persons, bodies politic or corporate, except of the Commonwealth and of those claiming under it, in and to the said eight hundred acres of land and every part thereof. | Rights of others saved. | |
| CHAP. LX. | ||
| ||
| (Passed December 16th, 1791.) | ||
| SECT. 1. WHEREAS a certain John Fentress did, by his last will and testament, duly proved and recorded in the county court of Norfolk, devise to his brother James | Preamble. |
| Fentress, a certain tract or parcel of land, lying in the said county of Norfolk; reserving to his mother Sophia Fentress, a life estate therein; which life estate was by her sold to and vested in a certain Robert Meggs; since which, the said Sophia Fentress hath departed this life: And whereas it is represented that the said James Fentress hath also departed this life, and by his last will and testament devised the said tract of land to his two infant sons, John and Hillary Fentress, notwithstanding which devise, the said Robert Meggs continues to hold and possess the said tract of land, under a pretext, that their said father James Fentress, held only a life estate therein, and that their uncle, under whom they claim, was a natural son, and having died without issue, the said land hath escheated to the Commonwealth for want of heirs capable of inheriting. And whereas application hath been made to this Assembly, in behalf of the said infants, by Grace Fentress, their mother and next friend, that the right of the Commonwealth in and to the said tract of land, may be released, and the same vested in the said John and Hillary Fentress, which is adjudged reasonable: Be it therefore enacted, That all the estate, right, title, interest, claim or demand, which now exists in the Commonwealth in and to the said tract or parcel of land, with its appurtenances, shall pass descend and be vested in the said John and Hillary Fentress and their heirs, in such proportions as directed by the will of their said father James Fentress, deceased. | Interest of the Commonwealth in certain lands vested in John
and Hilliary Fentress. | |
| SECT. 2. Saving nevertheless, the rights legal and equitable, of all and every other person or persons, except of the Commonwealth, and those claiming under it, in and to the said tract of land and every part thereof. | Rights of others saved. | |
| CHAP. LXI. | ||
| ||
| (Passed December 7th, 1791.) | ||
| SECT. 1. WHEREAS it hath been represented to this General Assembly, that a certain Henry Stewart, | Preamble. |
| was in his lifetime intitled to a settlement and pre-emption right for fourteen hundred acres of land, lying in the district of Kentucky, which from his death descended to and became vested in John Steward, his heir at law, who was at that time an infant, and did not attain the age of twenty-one years, until the expiration of the act of Assembly passed in the year one thousand seven hundred and eighty-six, intituled, "An act for reviving, continuing and amending an act to revive and amend in part an act for giving further time to enter certificates for settlement rights, and for locating warrants upon pre-emption rights, and for other purposes:" And whereas it is also represented, that upon application being made by Joseph Irwin, in the year one thousand seven hundred and eighty-five, to the court of Fayette county, a certificate was issued in the name of John Stewart, and a warrant obtained thereon from the register of the land office, which from an unforseen cause, never came to his hands till some time after the expiration of the said recited act, whereby the said John Stewart hath been prevented from securing the said land: For remedy whereof, Be it enacted, That from and after the passing of this act, the further time of six months shall be allowed to the said John Stewart, for the purpose of locating and surveying the said fourteen hundred acres of land, to which he is intitled in right of his brother Henry Steward, deceased. | John Stewart allowed further time for locating certain
lands. |
| SECT. 2. Provided nevertheless, That nothing herein contained, shall be construed in any manner to affect the rights, legal or equitable, of any other person or persons in and to the said land, or any location upon the said land, subsequent to the expiration of the said recited act, and previous to the passing of this act. | Rights of others saved. |
| Pages 262-282
| Pages 306-330
|