Pages 283-305  ======   ======  Pages 331-356  

===========================================================

306

LAWS OF VIRGINIA, OCTOBER 1791−−16th OF COMMONWEALTH.
   
CHAP. LXII.
An act to repeal the act authorising the executors of James Scott, deceased, to sell a part of his lands for the payment of his debts.
(Passed December 7th, 1791.)
      WHEREAS it hath been represented to this General Assembly, that the act of Assembly passed in the year one thousand seven hundred and eighty-six, intituled "An act to enable the executors of James Scott, deceased, to sell a part of his lands for the payment of his debts," hath been so far carried into effect as to render unnecessary any further continuance of the said recited act; Be it therefore enacted, That the act of Assembly, intituled, "An act to enable the executors of James Scott, deceased, to sell a part of his lands for the payment of his debts," shall be, and the same is hereby repealed: Provided nevertheless, That nothing herein contained shall be construed to affect or interfere with any payment, contract, or sale, which may have been made under the said recited act. The act authorising Scott's executors to sell his lands repealed.
Sales, &c. under the said act not to be affected thereby.

======

CHAP. LXIII.
An act appropriating a sum of money for making certain repairs to the houses occupied by the Governor of this Commonwealth.
(Passed November 21st, 1791.)
      SECT. 1. BE it enacted by the General Assembly, That the treasurer shall, out of any money in his hands, pay to the directors of the public buildings, the sum of two hundred and seventy-five pounds, or so much thereof as shall be necessary for making the necessary repairs to the houses occupied by the governor of this Commonwealth. The Governor's houses to be repaired.

===========================================================

307

LAWS OF VIRGINIA, OCTOBER 1791−−16th OF COMMONWEALTH.
   
      SECT. 2. This act shall commence in force from the passage thereof. Commencement of the act.
======

CHAP. LXIV.
An act to explain and amend an act intituled, "An act to vest certain lands, whereof Henry Garnett is seized, in Trustees to be sold, and the money laid out in the purchase of other lands."
(Passed December 1st, 1791.)
      SECT. 1. WHEREAS the act passed at the last session, intituled, "An act to vest certain lands, whereof Henry Garnett is seized, in trustees to be sold, and the money laid out in the purchase of other lands." requires explanation and amendment; It is therefore enacted by the General Assembly, That Hancock Lee, James Upshaw, jun. Andrew Monroe, and George William Smith, gentlemen, or any three of them, together with Henry or Harry Garnett, shall be, and are hereby empowered to make sale of any or all the lands of which the said Henry or Harry Garnett, is possessed, and to which he is intitled under the will of his grand-father James Garnett, deceased, including those in the first instance devolved upon him by the death of Francis Garnett, and to convey all lands so sold to the several purchasers respectively in fee simple, expressing in the deeds, the true consideration in money for which the said lands or any part thereof were so sold; and the purchaser or purchasers of the said lands or any part thereof, shall hold the same in fee simple against all persons claiming by, from, or under the said James Garnett, deceased. Preamble.



Trustees authorised to sell certain lands belonging to Henry Garnett;
      SECT. 2. And whereas the said trustees, and the said Henry or Harry Garnett, may already have made sales of, or contracts for the sale of the said lands, or some of them, Be it further enacted, that such sales or contracts shall be confirmed and established, and that conveyances in pursuance thereof may now be made, whether deeds and convey such as they have already sold;

===========================================================

308

LAWS OF VIRGINIA, OCTOBER 1791−−16th OF COMMONWEALTH.
   
have heretofore passed or not, in the stile and manner above directed; whereupon the purchaser or purchasers shall hold the said lands in fee simple against all persons claiming by, from, or under the said James Garnett, deceased.
      SECT. 3. And be it further enacted, That the whole of the money raised by any such sales, made or to be made, shall by the said trustees, or any three of them, be invested in the purchase of other lands; which said other lands so to be purchased, shall be conveyed to the said trustees in manner following, that is to say: Such conveyance or conveyances shall express the true consideration in money paid for the lands thereby conveyed, and distinguish whether the same was raised by the sale of lands, devised in the first instance, to, or for the use of the said Henry or Harry Garnett, in the will of the said James Garnett, or by the sale of lands which accrued to him by the death of Francis Garnett; and the lands purchased, or to be purchased, shall be conveyed to the said trustees in trust, to go and descend in the first case, in the same manner as the lands so devised to, or for the use of the said Henry or Harry in the first instance would have gone or descended; in the latter, as those accruing to him by the death of Francis Garnett, would have gone and descended, had this and the said recited act never been made. Money arising from the sales, to be laid out in the purchase of other lands;






subject to the same limitations as the lands so sold were subject to.
      SECT. 4. And be it further enacted, That if the consideration paid for any tract of land so to be purchased, shall be compounded of monies raised by the sales of lands, originally devised to, or for the use of the said Henry or Harry, in the will of the said James Garnett, as well as of those devolving upon him by the death of the said Francis, the deed or deeds shall distinguish the exact amount produced from each fund, and the said trustees or any three of them, having by metes and bounds, divided the said purchased lands, in proportion to the purchase money raised from each fund, as to them shall appear just and reasonable, shall take a conveyance for one division of the said land in trust [having regard to the fund, whence its purchase money was raised] to go and descend, as the lands so originally devised by the said James Garnett, to or for the use of the said Henry or Harry, would have gone or descended; and for the other division thereof, to go and descend, as the lands accruing to him by the death of the said Mode in which the lands purchased are to be conveyed to the trustees.

===========================================================

309

LAWS OF VIRGINIA, OCTOBER 1791−−16th OF COMMONWEALTH.
   
Francis, would have gone and descended, had this and the said recited act never been made.
      SECT. 5. And be it further enacted, That no misrecital of the said James Garnett's will, in the said recited act, shall vitiate, annul, or make void, any act or thing done or to be done, under the said recited act, or under this act. Misrecital of Garnett's will not to avoid any thing done under this or the former act.
      SECT. 6. And whereas it was not the intention of the legislature, in and by the said recited act, virtually to repeal the act intituled, "An act declaring tenants of lands or slaves in taille to hold the same in fee simple," made in the year one thousand seven hundred and seventy-six, or in this particular case to establish a perpetuity, or an estate taille: Be it further enacted, That nothing contained in the first recited act, or in this act, shall in any manner repeal or obstruct the effect of the said act, intituled, "An act declaring tenants of lands or slaves in taille to hold the same in fee simple," but that the lands purchased or to be purchased under this act, or under the first recited act, shall be liable to the operation of the said act, intituled, "An act declaring tenants of lands or slaves in taille to hold the same in fee simple," in the same manner, as the lands directed to be sold would have been respectively holden, had neither the first recited act or this act, ever been made.




The act for docking intailles not to be affected by this or the former act.
The lands purchased by the trustees to be subject thereto.
      SECT. 7. And be it further enacted, That so much of the said first recited act, intituled, "An act to vest certain lands, whereof Henry Garnett is seized, in trustees to be sold, and the money laid out in the purchase of other lands," as is contrary to, or inconsistent with this act, shall be, and the same is hereby repealed. Repealing clause.





===========================================================

310

LAWS OF VIRGINIA, OCTOBER 1791−−16th OF COMMONWEALTH.
   
CHAP. LXV.
An act for granting to the Directors of the public buildings a sum of money for the purposes therein mentioned.
(Passed December 20th, 1791.)
      SECT. 1. BE it enacted by the General Assembly, That the auditor of public accounts shall, and he is hereby directed, to issue to the directors of the public buildings, a warrant on the treasurer for the sum of one hundred pounds, to be by them vested in the purchase of standing furniture for the use of the governor's house. One hundred pounds to be laid out in furniture for the Governor's house.
      SECT. 2. This act shall commence and be in force from and after the passage thereof. Commencement of the act.
======

CHAP. LXVI.
An act for vesting in John Campbell, the interest which the commonwealth hath in one thousand acres of land, lying at the Falls of the Ohio river.
(Passed December 6th, 1791.)
      SECT. 1. WHEREAS it is represented to this General Assembly, that previous to the year one thousand seen hundred and seventy-six, John Connolly and John Campbell, were seized as tenants in common, of and in, two thousand acres of land lying at the falls of the Ohio in consequence of an inquest of office found against the same as the absolute property of the said John Connolly, which inquest was taken some time in the year one thousand seven hundred and eighty, and whilst the said John Campbell was in captivity. And whereas the surveyor of Jefferson county hath in conformity to the act of Assembly passed in the year one thousand seven hundred and eighty-three, intituled, "An act for repealing in part the act for establishing the town of Louisville," allotted Preamble.

===========================================================

311

LAWS OF VIRGINIA, OCTOBER 1791−−16th OF COMMONWEALTH.
   
to the said John Campbell, one moiety of the said two thousand acres of land, by running a line of division thereof between him and the said John Connolly, agreeably to their deed of partition made and executed by the said parties each to the other, bearing date the sixth day of February, one thousand seven hundred and seventy-six; and the said John Campbell hath petitioned this Assembly that the right of the Commonwealth in and to the moiety of the said land so allotted to him may be released and vested in him, which is adjudged reasonable: Be it therefore enacted, That all the right, title, interest, claim and demand, which now exists in the Commonwealth in and to the moiety of the said two thousand acres of land, as comprehended and included in the division made by the surveyor of Jefferson county, and allotted to the said John Campbell, shall pass, descend, and be vested in him the said John Campbell and his heirs, in fee simple. Interest of the Commonwealth in certain lands vested in John Campbell.



      SECT. 2. Saving nevertheless, the rights legal and equitable, of all and every person and persons, bodies politic or corporate, except of the Commonwealth, and those claimimg under it, in and to the said one thousand acres of land, so allotted to the said John Campbell. Rights of others saved.
======

CHAP. LXVII.
An act appointing Trustees to sell part of the lands of the Reverend David Griffith, deceased, for the payment of certain debts, and for other purposes.
(Passed November 14th, 1791.)
      SECT. 1. WHEREAS the Reverend David Griffith, departed this life some time in the year one thousand seven hundred and eighty-nine, intestate, seized of sundry tracts of land lying in the district of Kentucky, and also of sundry lots of land lying in the town of Alexandria, leaving Hannah Griffith, his widow, and five small children: And whereas it is represented that there was due and owing from the said decedent in his life time, several debts, to secure the payment of which, he mortgaged Preamble.

===========================================================

312

LAWS OF VIRGINIA, OCTOBER 1791−−16th OF COMMONWEALTH.
   
his said property lying in the town of Alexandria, which property it was his intention to have released by making sale of his said Kentucky lands, and applying the proceeds thereof to the discharge of the debts expressed in the said mortgages, which is manifested by a power of attorney, executed by the said intestate on the eighteenth day of June, one thousand seven hundred and eighty-nine, and directed to Christopher Greenup, esquire, authorising and empowering him to make sale of all or any part of his said last mentioned lands, agreeably to a letter of instructions, which accompanied the said power of attorney; but that previous to carrying the said plan into execution, the said David Griffith departed this life, leaving a personal estate, not only insufficient to discharge the before mentioned debts, but inadequate to defray the expences which have been incurred in securing his said western lands: And whereas the said Hannah Griffith, in behalf of herself and her said children, hath by petition to this Assembly, represented that it would be highly advantageous to them, for a law to pass to carry into effect he intentions of her deceased husband, by authorising the sale of his lands, lying in the district of Kentucky, and thereby reserve to their use and benefit the property belonging to his estate in the town of Alexandria, from the rents and profits of which they derive their principal support: Be it therefore enacted by the General Assembly, That the Reverend Bryan Fairfax, William Herbert, Charles Little, Charles Simms, and Richard Conway, gentlemen, shall be, and they are hereby appointed trustees for the following purposes, that is to say: The said trustees, or any three of them, shall upon receipt of this act, proceed to sell in such manner as to them shall seem most advantageous, so much of the lands whereof the said David Griffith died seized, and lying in the district of Kentucky, as shall be sufficient to release from incumbrance such of his property lying in the town of Alexandria, as was mortgaged in his life time, by applying the proceeds of such sale to the discharge of the several debts included in the said mortgages. Trustees to sell part of the lands of David Griffith, deceased,




fort the payment of his debts,



      SECT. 2. And be it further enacted, That should any part of the said lands remain unsold after discharging the several debts before mentioned, that in such case it shall be lawful for the said trustees, or any three of them, to sell so much of such remaining lands, as will be sufficient and for defraying the expense of locating &c. certain lands in Kentucky.

===========================================================

313

LAWS OF VIRGINIA, OCTOBER 1791−−16th OF COMMONWEALTH.
   
to defray the necessary expences which have been incurred, or shall accrue in locating, surveying, and patenting the said western lands: Provided nevertheless, that the said trustees shall not be authorised to sell such parts of the said lands as were contracted by Colonel Leven Powell, in behalf of the decedent, to be reserved and given unto certain persons, as their proportions for locating and surveying the same, by virtue of certain land warrants, put into their hands for that purpose. So soon as the said trustees shall have made sale of the lands directed by this act to be sold, they, or a majority of them, shall convey the same to the purchaser or purchasers in fee simple; and it shall moreover be lawful for them in like manner to convey such other parts thereof unto Isaac Hite, Andrew Hines, and John Hanley, and in such proportions as the said Leven Powell (in behalf of the said decedent) contracted to be reserved and given unto them, for their trouble in locating and surveying the said lands.

Certain parts of the land not to be sold;



Conveyances to be made by the trustees.
      SECT. 3. The said trustees, when they have performed the trust reposed in them by the act, shall make a fair statement of their proceedings therein, which having been examined and approved by the court of Fairfax county, shall be recorded therein. Proceedings of the trustees to be examined and recorded in Fairfax county court.
======

CHAP. LXVIII.

An act concerning the clerks within the district of Kentucky.

(Passed December 10th, 1791.)
      SECT. 1. WHEREAS it hath been represented, that Levy Todd, clerk of the county court of Fayette, did pay to the receiver of the district of Kentucky, the sum of twenty-three pounds seven shillings and seven pence, on account of the tax imposed by law on clerks, subsequent to the repeal of the act imposing new taxes; and he hath made application to this Assembly to direct the said sum to be repaid him. Be it therefore enacted, That the said receiver shall, and he is hereby directed and required, to pay to the said Levy Todd the said sum of twenty-three pounds seven shillings and seven pence. Preamble.




Certain sums of money to be refunded to the clerks of courts in Kentucky.

===========================================================

314

LAWS OF VIRGINIA, OCTOBER 1791−−16th OF COMMONWEALTH.
   
      SECT. 2. And be it further enacted, That the receiver of the said district, shall refund to the several clerks within the same, all such sums of money as they may have respectively paid for taxes arising under the said recited act since the repeal thereof: Provided always, that nothing herein contained shall be construed to authorise the said receiver, to repay any monies, which he received for taxes due before the repeal of the said act.
======

CHAP. LXIX.

An act authorising Lotteries for the benefit of the Episcopal Society.

(Passed December 15th, 1791.)
      SECT. 1. BE it enacted by the General Assembly, That it shall and may be lawful for Robert Goode, Bernard Markham, Granville Smith, James Lyle, Alexander Banks, David Patterson, Matthew Cheatham, and John Murchie, gentlemen, or a majority of them, to raise by way of lottery, a sum of money not exceeding six hundred pounds, for the purpose of erecting a church in the town of Manchester, in the county of Chesterfield, for the use of themembers of the Protestant Episcopal Society. Certain sums of money to be raised by lottery, for building a church in Manchester,
      SECT. 2. And be it further enacted, That the vestry of the Protestant Episcopal Society within the parish of Saint Anne, in the county of Essex, shall be, and they are hereby authorised and empowered, to raise by lottery, a sum of money not exceeding three hundred pounds, for the purpose of repairing the church and glebe of the said parish. and for repairing the church and glebe of St. Anne parish.
      SECT. 3. This act shall commence in force from and after the passage thereof.



===========================================================

315

LAWS OF VIRGINIA, OCTOBER 1791−−16th OF COMMONWEALTH.
   
CHAP. LXX.
An act to raise a sum of money, not exceeding seven hundred and fifty pounds, by way of lottery, for the purpose of building a Free Masons Hall in the county of Charlotte.
(Passed November 16th, 1791.)
      BE it enacted by the General Assembly, That it shall and may be lawful for the society of Free Masons, in the county of Charlotte, to raise by way of lottery, a sum of money not exceeding seven hundred and fifty pounds, for the purpose of erecting a Free Masons hall in the said county, and that Joseph Wyatt, Joseph Scott, William Hubard, John Coleman, Francis Scott, John B. Scott, Francis Theric, John Purnall, and Thomas Oliver, gentlemen, be appointed managers to superintend and carry into effect the said lottery, a majority of whom may proceed to business. A sum of money to be raised by lottery for building a Masons hall in Charlotte county.
======

CHAP. LXXI.

An act authorising several lotteries.

(Passed December 7th, 1791.)
      SECT. 1. BE it enacted by the General Assembly, That it shall and may be lawful for George Kiger, Edward Smith, Joseph Tidball, John Kean, John Peyton, Lewis Huff, and Isaac Sitler, or a majority of them, to raise by one or more lotteries, a sum not exceeding two hundred pounds, to be by them applied towards defraying the expense of paving the main street in the borough of Winchester. Certain sums of money to be raised by lotteries, for paving the main street of Winchester;
      SECT. 2. And it shall be lawful for William Cabell, Edward Carter, Henry Bell, Samuel Meredith, Joseph Cabell, George Gilmer, John Coles, Henry Martin, John Scott, Nicholas Cabell, John Rose, Hugh Rose, Patrick Rose, David Coupland, Thomas Anderson, Gabriel Penn, William Cabell, junior, Ambrose Rucker, John Breckenridge, for building an academy in Warminster;

===========================================================

316

LAWS OF VIRGINIA, OCTOBER 1791−−16th OF COMMONWEALTH.
   
Wilson Cary Nicholas, Charles Irving, Charles Carter, junior, Roderick M'Culloch, William S. Crawford, Robert Cary, Nathan Crawford, Joseph Cabell, junior, Robert Rives, David Bell, William Allen, William Perkins, Rolfe Eldridge, and Samuel Jordan Cabell, or a majority of them, to raise by way of lottery, a sum not exceeding two thousand pounds, to be by them applied towards erecting an academy in the town of Warminster, in the county of Amherst.
      SECT. 3. It shall be lawful for William Foushee, Miles Selden, Alexander Montgomery, Robert Gamble, Robert Mitchell, John Barret, Robert Pleasants, Thomas Pleasants, and Samuel Parsons, or a majority of them, to raise by way of lottery, a sum of money not exceeding four thousand dollars, to be by them applied towards paying the expence of repairing and completing a bleaching mill near Staunton, the property of Smyth Tandy. for repairing a bleaching mill near Staunton.
      SECT. 4. And be it further enacted, That the said Samuel Jordan Cabell, William Cabell, Edward Carter, Henry Bell, Samuel Meredith, Joseph Cabell, George Gilmer, John Coles, Henry Martin, John Scott, Nicholas Cabell, John Rose, Hugh Rose, Patrick Rose, David Coupland, Thomas Anderson, Gabriel Penn, William Cabell, jun. Ambrose Rucker, John Breckenridge, Wilson Cary Nicholas, Charles Irving, Charles Carter, jun. Roderick M'Culloch, William S. Crawford, Robert Cary, Nathan Crawford, Joseph Cabell, jun. Robert Rives, David Bell, William Allen, William Perkins, and Rolfe Eldridge, gentlemen, and those hereafter to be elected, and their successors for ever, are hereby made and constituted a body corporate and politic, by the name of "The Trustees of Warminster Academy." They shall have power and capacity to purchase, receive and possess, lands and tenements, goods and chattels, either in fee, or any lesser estate therein, and the same to grant, sell or assign, and to plead and be impleaded, prosecute and defend all causes in law or equity. The said trustees, or a majority of them, when assembled, shall have power to make such bye-laws and ordinances, as they shall think best for the good government of the said academy, and to perform and do any act respecting the property vested therein: Provided, such bye-laws and ordinances shall not be inconsistent with the laws and constitution of this Commonwealth. They shall choose a president and secretary out of their own body; and Trustees appointed for the Warminster academy;








Their powers and duties.

===========================================================

317

LAWS OF VIRGINIA, OCTOBER 1791−−16th OF COMMONWEALTH.
   
in case of vacancy, by death or otherwise, of any one or more of the said trustees, the same shall be supplied by a majority of the remaining trustees.
      SECT. 5. And be it further enacted, That the said trustees shall meet in the town of Warminster on the fourth Monday in January next, for the purpose of fixing on the most eligible place for the erection of the said academy.
======

CHAP. LXXII.

An act for lending a sum of money to certain French emigrants.

(Passed December 20th, 1791.)
      SECT. 1. BE it enacted by the General Assembly, That the governor, with advice of the council, is hereby empowered and required to cause a road to be opened from Russell courthouse to the settlement of De Tubeuf and other French emigrants, the expence whereof hall be paid by the treasurer, upon warrant from the auditor, out of any public money in the treasury, not exceeding the sum of thirty pounds. A road to be opened to the settlement of certain French emigrants in Russell.
      SECT. 2. And be it further enacted, That the sum of six hundred pounds shall be advanced by the treasurer on loan to the said Tubeuf and other French emigrants, in the county of Russell, to enable them to complete the settlement of their lands in the said county: Provided always, that the said De Tubeuf shall previous to his obtaining the said sum of money, enter into bond with sufficient security, to be approved of by the executive, to repay the same with interest, on or before the first day of January, one thousand seven hundred and ninety-nine. A sum of money to be advanced to them on loan.



===========================================================

318

LAWS OF VIRGINIA, OCTOBER 1791−−16th OF COMMONWEALTH.
   
CHAP. LXXIII.
An act authorising William Tatham, to raise by way of Lottery, a sum of money to enable him to complete the Geographical work in which he is at present engaged.
(Passed December 10th, 1791.)
      SECT. 1. BE it enacted by the General Assembly, That from and after the passing of this act, it shall and may be lawful for William Tatham to raise by way of lottery or lotteries, any sum or sums of money not exceeding the sum of four thousand pounds, in aid of his geographical undertakings: Provided, that no more than ten per cent. shall be deducted from the monies payable in prizes for this purpose. A sum of money to be raised by lottery, for the benefit of William Tatham.
      SECT. 2. And be it further enacted, That the following gentlemen, to wit: Edward Carrington, William Foushee, George Weir, William Hay, and Julius B. Dandridge, be, and the same or any three of them, are hereby constituted and appointed trustees, managers and directors, with full power and authority to carry the said lottery or lotteries into complete use and effect, agreeable to the true intent and meaning hereof.
======

CHAP. LXXIV.

An act concerning Thomas Herbert, and others.

(Passed November 30th, 1791.)
      WHEREAS Thomas Herbert, during the late war, held the commission of a captain in the navy of this state, and commanded the armed brig Liberty, and captured on different cruizes several British vessels, which were sold under decrees of the court of admiralty, and the proceeds arising from the sales thereof deposited in the public treasury: Be it therefore enacted by the General Assembly, That the said Thomas Herbert, and his crew, on application in person, or by attorney legally authorised, shall be Preamble.



The auditor to grant to the captain and crew of the

===========================================================

319

LAWS OF VIRGINIA, OCTOBER 1791−−16th OF COMMONWEALTH.
   
allowed their several proportions of the proceeds of such vessels, according as the same were by law or otherwise divided; and that the auditor of public accounts, forthwith take measures to ascertain such proportions, ad deliver to the said Thomas Herbert, and his crew, making application as aforesaid, warrants for the amount thereof, payable out of the aggregate fund, with interest thereon from the time it was deposited in the treasury. Liberty, warrants for their shares of certain prizes.
======

CHAP. LXXV.

An act concerning Frederick Fisher.

(Passed November 30th, 1791.)
      SECT. 1. WHEREAS by joint resolution of both houses of the General Assembly, passed the twenty-fourth day of December, in the year one thousand seven hundred and eighty-one, there was granted to Frederick Fisher, a soldier, who had received several wounds at the battle of King's Mountain, which rendered him unable to support himself by labour, an allowance of twelve pounds for present relief, and the like sum annually for three years, thence following and to come, which expired on the twenty-fourth day of December, one thousand seven hundred and eighty-four: And whereas the situation of the said Frederick Fisher, at the period the said allowance ceased, was and has since continued by reason of the said wounds to be such as calls for public relief; Be it therefore enacted by the General Assembly, That the said Frederick Fisher shall be placed on the list of state pensioners, at the annual allowance of twelve pounds. Preamble.










Frederick Fisher place on the list of pensioners.
      SECT. 2. And be it further enacted by the General Assembly, That the said Frederick Fisher shall receive from the public, all arrearages upon the said allowance made to him by the resolution of the General Assembly, from the period of its discontinuance, to the present time. Arrears to be paid to him.



===========================================================

320

LAWS OF VIRGINIA, OCTOBER 1791−−16th OF COMMONWEALTH.
   
CHAP. LXXVI.

An act concerning John Wheeler.

(Passed November 30th, 1791.)
      BE it enacted by the General Assembly, That John Wheeler, who served as a soldier in the Virginia line during the late war, and in the course thereof received several wounds, whereby he is rendered unable to support himself by labour, shall be paid out of any money in the hands of the treasurer, the sum of eight pounds for his immediate relief, and receive as a pensioner the like sum annually. John Wheeler placed on the list pensioners.
======

CHAP. LXXVII.

An act for paying a sum of money to William Hay.

(Passed December 7th, 1791.)
      WHEREAS it has been represented to the present General Assembly, that John Hay, deceased, late of the city of Richmond, lent to Colonel Turner Southall, deceased, in the month of May, one thousand seven hundred and seventy-nine, thirty barrels of corn for the use of the troops in the lower part of the state, and in the fall of the same year, to Samuel Williamson, acting as commissary under the said Turner Southall, the further quantity of fifty barrels of corn, the whole to be repaid in Richmond, and that the said John Hay in his lifetime, or William Hay, his executor, since his death, have received compensation for fifteen barrels only: Be it enacted by the General Assembly, That the sixty five barrels of 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 William Hay, executor of John Hay, deceased, a certificate for the same. Preamble.








A certificate for the value of a certain quantity of corn to be granted to John Hay's executor.

===========================================================

321

LAWS OF VIRGINIA, OCTOBER 1791−−16th OF COMMONWEALTH.
   
CHAP. LXXVIII.

an act concerning Edmund Webb and others.

(Passed December 20th, 1791.)
      SECT. 1. BE it enacted by the General Assembly, That the auditor of public accounts shall, and he is hereby directed, to issue to Edmund Webb, a certificate for the sum of fifteen pounds. A certificate to be issued to Edmund Webb.
      SECT. 2. And be it further enacted, That the auditor of public accounts shall, and he is hereby required and directed, to liquidate the claim of Moses Chaplain and John Mitchell, for their services as commissioners of the land tax in the county of Ohio, in the year one thousand seven hundred and eighty-six, and issue warrants for the amount thereof, conformably to the directions of the act, intituled, "An act for equalizing the land tax." The claim of Moses Chaplain and John Mitchell to be liquidated.
      SECT. 3. This act shall be in force from the passage thereof. Commencement of the act.
======

CHAP. LXXIX.

An act for allowing pensions to sundry persons therein mentioned.

(Passed December 15th, 1791.)
      SECT. 1. BE it enacted by the General Assembly, That the following persons, who served as soldiers in the line of this state during the late war, and in the course thereof received sounds which have rendered them unable to support themselves by labour, shall be placed on the list of pensioners, and annually have and receive the following allowances: John Skeggs, the sum of eight pounds, to commence on the fifteenth day of April, one thousand seven hundred and eighty-three: John Scurry, the sum of eight pounds, to commence on the first day of November, one thousand seven hundred and eighty-nine; and Ferguson Hyland, Philip Evans, and William Smith, the Pensions granted to




John Skeggs,

John Scurry,
Ferguson Hyland,
Philip Evans,
William Smith,

===========================================================

322

LAWS OF VIRGINIA, OCTOBER 1791−−16th OF COMMONWEALTH.
   
sum of ten pounds each, to commence from the passage of this act.
      SECT. 2. And be it further enacted by the General Assembly, That Mary Ramsay, widow of Doctor John Ramsay, who was a surgeon in the army during the late war, and continued therein until his death, shall be placed in like manner on the list of pensioners, with an allowance of thirty pounds per annum. Mary Ramsay.
      SECT. 3. And be it further enacted, That Elizabeth Snale, widow of Thomas Snale, deceased, who at the time of his death was an officer in the navy of this state, shall receive as a pensioner, the sum of fifteen pounds per annum. And Elizabeth Snale.
      SECT. 4. And be it further enacted, That Mildred James, whose son Catlett James, deceased, was placed on the list of pensioners, and allowed the sum of twelve pounds per annum, which was discontinued on the twenty-ninth day of December, one thousand seven hundred and eighty-six, shall receive the arrears thereof from that period until the twenty-second day of May, one thousand seven hundred and eighty-eight, at the rate of the allowance aforesaid to the said Catlett. Arrears of Catlett James's pension to be paid to Mildred James.
======

CHAP. LXXX.

An act concerning John Stith. (Passed December 7th, 1791.)
      SECT. 1. BE it enacted by the General Assembly, That the auditor of public accounts shall issue to John Stith, late an officer in the American army, a military certificate for the sum of eighty-six pounds thirteen shillings and four pence, together with warrants for interest as allowed on the military debt, the said sum having been wrongfully deducted from the balance due him from the public, on settling his account of pay and depreciation. A military certificate to be granted to John Stith.
      SECT. 2. And be it further enacted, That the auditor of public accounts shall also issue to the said John Stith, a warrant for the sum of twenty-one pounds nine shillings and nine pence, for damages he hath sustained and paid in an action instituted against him by the And a warrant for twenty pounds.

===========================================================

323

LAWS OF VIRGINIA, OCTOBER 1791−−16th OF COMMONWEALTH.
   
Commonwealth, which warrant shall be made payable out of any money in the hands of the treasurer.
======

CHAP. LXXXI.
An act for paying a sum of money to John A. Chevallie, agent for Penet, Dacosta, Brothers, and Company.
(Passed December 1st, 1791.)
      BE it enacted by the General Assembly, That John A. Chevallie, agent for Penet, Dacosta, Brothers, and Company, co-partners and merchants in the town of Nantz, and kingdom of France, who shipped a quantity of military stores for the use of the state during the late war, shall be paid for the same the sum of eight hundred and ninety-seven pounds six shillings, together with the interest accruing thereon, after the rate of five per centum per annum, from the fourth day of February, one thousand seven hundred and eighty-four. The auditor of public accounts shall, and he is hereby directed, to issue to the said John A. Chevallie, in the name of the said Dacosta, Brothers, and Company, a warrant or warrants for the same, payable out of the aggregate fund. A sum of money to be paid to John A. Chevallie, agent of Penet, Da Costa, Brothers, and Company,




Out of the aggregate fund.
======

CHAP. LXXXII.
An act for paying the officers of the General Assembly for their services during the present session.
(Passed December 20th, 1791.)
      SECT. 1. 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 Allowances to the officers of the General Assembly for their services.

===========================================================

324

LAWS OF VIRGINIA, OCTOBER 1791−−16th OF COMMONWEALTH.
   
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 of 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 who cleans the capitol, the sum of five pounds.
      SECT. 2. This act shall commence and be in force from and after the passing thereof.
      SECT. 3. And be it further enacted, That Thomas Nicolson shall be allowed the sum of thirty-five pounds for printing the journals of the senate during the present session.
======

CHAP. LXXXIII.

An act concerning Wilson Cary and others.

(Passed December 16th, 1791.)
      SECT. 1. BE it enacted by the General Assembly, That the auditor of public accounts shall, and he is hereby directed, to issue a certificate to Wilson Cary, for fourteen hundred and fifty pounds weight of beef, taken and impressed in the year one thousand seven hundred and eighty-one, for the use of the troops stationed at Gloucester town. Certificates to be issued to Wilson Cary,
      SECT. 2. And be it further enacted, That the auditor shall, in like manner, issue to Thomas Snow, a certificate for two hundred and fifty pounds weight of beef, furnished by him in the year one thousand seven hundred and eighty, under an act of General Assembly, intituled, "An act for procuring a supply of provisions and other necessaries for the use of the army." Thomas Snow
      SECT. 3. And be it further enacted, That the auditor of public accounts shall issue a certificate to and Gabriel Richards.

===========================================================

325

LAWS OF VIRGINIA, OCTOBER 1791−−16th OF COMMONWEALTH.
   
Gabriel Richards, for the sum of five shillings and six pence, for provender furnished a party of horse during the late war. The price of the beef herein before mentioned, shall be estimated at the rate of two pence half-penny per pound.
======

CHAP. LXXXIV.

An act concerning Oliver Pollock.

(Passed December 19th, 1791.)
      BE it enacted by the General Assembly, That the auditor of public accounts shall be, and he is hereby directed, to issue to Oliver Pollock, warrants on the treasurer for the sum of three thousand nine hundred and three dollars, and nine sixteenths of a dollar, the amount of four protested bills of exchange; and also in like manner to issue warrants for the interest and damages due thereon, agreeably to the mode heretofore adopted in the settlement with this Commonwealth; the said warrants shall be made payable out of the aggregate fund. Warrants to be issued to Oliver Pollock, for the amount of certain bills of exchange payable out of the aggregate fund.
======

CHAP. LXXXV.
An act directing a sum of money to be paid to William Pennock and George Nicolson.
(Passed December 3d, 1791.)
      WHEREAS the brigantine Nancy, the property of William Pennock and George Nicolson, was in the year one thousand seven hundred and eighty-six, libelled and condemned in the court of admiralty for a short entry, and the said vessel with a chariot, the only article on board was sold, and a moiety of such sales paid into the public treasury; And it is represented that such short entry proceeded from the ignorance and not a fraudulent intention of the captain, in as much as he gave information Preamble.

===========================================================

326

LAWS OF VIRGINIA, OCTOBER 1791−−16th OF COMMONWEALTH.
   
thereof to the naval-officer, and requested him to make an entry of the said chariot (which was refused) some days prior to the issuing of the citation: And the said Pennock and Nicolson have petitioned this Assembly to be paid the amount of the sales so paid into the public treasury, which is judged reasonable and expedient to do: Be it therefore enacted, That the treasurer shall, and he is hereby directed and required, upon warrant of the auditor of public accounts, to pay the said Pennock and Nicolson, out of any public money in his hands, the money paid into the treasury from the sales of the said vessel and chariot by virtue of the sentence of the court of admiralty. A sum of money to be paid to Pennock and Nicolson, out of any money in the treasury.

======

CHAP. LXXXVI.

An act for refunding certain payments to John Thomas and Thomas Newton.

(Passed December 20th, 1791.)
      SECT. 1. BE it enacted by the General Assembly, That the sum of twenty-seven pounds nineteen shillings, the amount of certain taxes due from sundry insolvents in the county of Rockingham, on account of the certificate tax for the year one thousand seven hundred and eighty-three, and the further sum of twenty-six pounds, due from the said insolvents on account of the revenue tax for the said year, which have been paid into the public treasury by John Thomas, sheriff of the said county, shall be refunded to him. Certain payments to be refunded to John Thomas,
      SECT. 2. And be it further enacted, That the auditor of public accounts shall issue to Thomas Newton, who was sheriff of the county of Norfolk, a warrant for the amount of certain taxes due from sundry insolvents of the said county on account of the revenue tax, agreeably to the list which shall be produced by him, properly certified by the court of the said county.
and Thomas Newton
      SECT. 3. This act shall commence and be in force from and after the passing thereof. Commencement of the act.

===========================================================

327

LAWS OF VIRGINIA, OCTOBER 1791−−16th OF COMMONWEALTH.
   
IN THE HOUSE OF DELEGATES.
Tuesday, the 25th of October, 1791.      
      RESOLVED, That the first article of the amendments proposed by Congress to the Constitution of the United States, be ratified by this Commonwealth.

      November 3d, 1791. −− Agreed to by the Senate.
======
Monday, the 5th of December, 1791.      
      RESOLVED, That the second article of the amendments proposed by Congress to the Constitution of the United States, be ratified by this Commonwealth.

      December 15th, 1791. −− Agreed to by the Senate.
======
Monday, the 5th of December, 1791.      
      RESOLVED, That the third article of the amendments proposed by Congress to the Constitution of the United States, be ratified by this Commonwealth.

      December 15th, 1791. −− Agreed to by the Senate.
======
Monday, the 5th of December, 1791.      
      RESOLVED, That the fourth article of the amendments proposed by Congress to the Constitution of the United States, be ratified by this Commonwealth.

      December 15th, 1791. −− Agreed to by the Senate.
======
Monday, the 5th of December, 1791.      
      RESOLVED, That the fifth article of the amendments proposed by Congress to the Constitution of the United States, be ratified by this Commonwealth.

      December 15th, 1791. −− Agreed to by the Senate.

===========================================================

328

LAWS OF VIRGINIA, OCTOBER 1791−−16th OF COMMONWEALTH.
   
Monday, the 5th of December, 1791.      
      RESOLVED, That the sixth article of the amendments proposed by Congress to the Constitution of the United States, be ratified by this Commonwealth.

      December 15th, 1791. −− Agreed to by the Senate.
======
Monday, the 5th of December, 1791.      
      RESOLVED, That the seventh article of the amendments proposed by Congress to the Constitution of the United States, be ratified by this Commonwealth.

      December 15th, 1791. −− Agreed to by the Senate.
======
Monday, the 5th of December, 1791.      
      RESOLVED, That the eighth article of the amendments proposed by Congress to the Constitution of the United States, be ratified by this Commonwealth.

      December 15th, 1791. −− Agreed to by the Senate.
======
Monday, the 5th of December, 1791.      
      RESOLVED, That the ninth article of the amendments proposed by Congress to the Constitution of the United States, be ratified by this Commonwealth.

      December 15th, 1791. −− Agreed to by the Senate.
======
Monday, the 5th of December, 1791.      
      RESOLVED, That the tenth article of the amendments proposed by Congress to the Constitution of the United States, be ratified by this Commonwealth.

      December 15th, 1791. −− Agreed to by the Senate.

===========================================================

329

LAWS OF VIRGINIA, OCTOBER 1791−−16th OF COMMONWEALTH.
   
Monday, the 5th of December, 1791.      
      RESOLVED, That the eleventh article of the amendments proposed by Congress to the Constitution of the United States, be ratified by this Commonwealth.

      December 15th, 1791. −− Agreed to by the Senate.
======
Monday, the 5th of December, 1791.      
      RESOLVED, That the twelfth article of the amendments proposed by Congress to the Constitution of the United States, be ratified by this Commonwealth.

      December 15th, 1791. −− Agreed to by the Senate.
======
Monday the 14th of December, 1791.      
      RESOLVED, That the period of fifteen days from the day on which the house of delegates shall annually form a house, be prescribed for the reception of petitions, and that the clerk of the house of delegates do make known this order by due promulgation thereof, together with the order of this house specifying the requisites necessary to be observed to ensure the reception of petitions.
======

Standing orders of the House of Delegates mentioned in the preceding resolution.
      RESOLVED, That it be a standing order of the house, that no memorial or petition be received, praying for the division of any county or parish, changing the place of holding any court, or other local matter, unless the purport of such petition or memorial shall have been fixed at the door of the courthouse or other house of holding courts of the county, where such alteration is proposed, at two different courts, and shall have remained there one day during the sitting of each court, one month at

===========================================================

330

LAWS OF VIRGINIA, OCTOBER 1791−−16th OF COMMONWEALTH.
   
least previous to offering the same: And that no petition or memorial be received, or bill brought in, for establishing or discontinuing ferries, or other matters affecting private right or property, unless the party or parties interested shall have had one month's notice thereof, if known to the petitioners, and if not known, the purport of such memorial, petition or bill, shall be set up at the courthouse or other place of holding courts in the manner before directed, and also three times inserted in the Virginia Gazette one month before offering or moving for the same.
      Resolved, That it be a standing order of this house, that no petition be received claiming a sum of money, or praying a settlement of unliquidated accounts, unless it be accompanied with a certificate either from the executive or auditor of public accounts, that the said claim had been laid before them respectively, and containing the reasons why they had refused to settle the same: Provided, that this order shall not extend to any person applying for a pension.
Teste,                   CHARLES HAY, C. H. D.      









===========================================================

  Pages 283-305  ======   ======  Pages 331-356  

===========================================================