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| Pages 517-543
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| CHAP. XXXVI. | ||
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| (Passed November 17, 1792.) | ||
| SECT. 1. WHEREAS it is represented to the present General Assembly, that opening a waggon road from the blockhouse in the western extremity of the county of Washington, to the top of Cumberland mountain, in the county of Russell, (now Lee) being where the road from the state of Kentucky terminates, will be of great public utility in facilitating the intercourse from the extreme southwestern parts of this state with our eastern brethren at the seaport towns, and as the same, on account of the length of the way and the many difficulties attending the opening thereof, cannot be cleared by the ordinary method prescribed for opening roads; and as this Assembly are at all times willing to contribute every encouragement to such designs as are represented to be of general utility, as far as is consistent with prudence and good œconomy. | Preamble. | |
| SECT. 2. Be it enacted, That William Tate, John Anderson, Charles Cox, Walter Preston, James Fulkerson, Thomas Berry and Thomas Wallen, gentlemen, be, and they are hereby appointed commissioners, to explore, view, and mark out the best and most eligible way for a waggon road, from the said block-house, in the county of Washington, to the top of Cumberland mountain, in the said county of Russell, (now Lee) and to report to the next General Assembly, their opinion, with respect to the practicability of said road, the distance between the said places, and also an estimate of the expence which would necessarily be incurred in opening a waggon road as aforesaid. | Commissioners to view and mark a way for a road from the
blockhouse in Washington, to the top of Cumberland mountain. Their report to be made to the next Assembly. |
| CHAP. XXXVII. | ||
| ||
| (Passed October 24, 1792.) | ||
| SECT. 1. WHEREAS under a law of this Commonwealth, passed at the October session of the General Assembly, in the year one thousand seven hundred and eighty, intituled, An act for supplying the army with clothes, provisions, and waggons, the court of the county of Rockingham to comply with the requisitions of the said law, appointed a certain John Hinton to purchase a waggon and team, which purchase the said John Hinton accordingly effected, but departed this life without having received the full amount of the purchase money, And whereas the decedent, by last will and testament, hath nominated Benjamin Hinton his executor. | Preamble. | |
| SECT. 2. BE it therefore enacted by the General Assembly, That the magistrates of the said county of Rockingham, shall, at some court to be holden for the same, in the months of April, May, or June next, having first settled and ascertained the balance remaining due to the estate of the deceased, proceed to assess and levy the amount thereof upon the taxable property within the said county, or be liable, on failure thereof, to the same penalties as are imposed by the said recited act. | The court of Rockingham to levy on the county a sum of money for the executor of John Hinton; | |
| SECT. 3. The sheriff or collector of the levy or assessment to be made in pursuance of this act, is hereby empowered and directed to make the collection, and to distrain for the same on refusal or neglect of payment; and shall receive a commission for so doing as for collecting taxes; and on the completion thereof, shall pay the balance due to the estate of the decedent, as the same may have been ascertained by the court, to Benjamin Hinton, the executor. | To be collected by the sheriff. | |
| SECT. 4. And in case such sheriff or collector shall fail or refuse to account for and pay the levy or assessment directed by the said court, by the time limited, he shall be liable to like penalties as are imposed by the said recited act, to be recovered in the like manner. | Remedy against him for failing to pay it. |
| SECT. 5. This act shall commence and be in force from and after the passing thereof. | ||
 CHAP. XXXVIII. | ||
| ||
| (Passed December the 21, 1792.) | ||
| SECT. 1. BE it enacted by the General Assembly, That the courts of each of the counties of Hampshire, and Hardy, shall, and they are hereby respectively empowered and required upon application to them made, for that purpose, to proceed to adjust and settle the claim of William Johnson, for a waggon and team purchased and paid for by him in the year one thousand seven hundred and eighty-one, for the use of the said county of Hampshire, pursuant to the directions of an act of Assembly intituled, "An act for supplying the army with clothes, provisions, and waggons. When the said claim shall be liquidated by the said courts, it shall be lawful for the magistrates thereof to levy and assess the amount on the tithable persons of the said counties, in proportion to the numbers in each. | The courts of Hampshire and Hardy to levy on their counties a sum of money for William Johnson. | |
| SECT. 2. And be it further enacted, That the sheriffs or collectors of the levies or assessments to be made in pursuance of this act, are hereby empowered and directed to make the collections, and to distrain for the same, on refusal or neglect of payment, and shall receive a commission for so doing as for collecting taxes; and on the completion thereof, shall pay the balance due to the said William Johnson, as the same may have been ascertained by the said courts | To be collected by the sheriffs. | |
| SECT. 3. In case any such sheriff or collector shall fail or refuse to account for and pay the levies or assessments directed by the said courts, by the time limited, they shall be liable to judgment on motion in the courts | Remedy against them for failing to pay the money. |
| of the said counties of Hampshire and Hardy, upon receiving ten days previous notice of any such motion. | ||
| SECT. 4. If the courts of the said counties of Hampshire and Hardy, directed to meet in pursuance of this act, shall fail so to do, or meeting, shall fail to make or order the levies or assessments hereby directed to be made, every justice qualified to act in his office in such counties, shall forfeit and pay three pounds. | Penalty on the justices for failing to make the levy. | |
| SECT. 5. This act shall commence and be in force from and after the passing thereof. | ||
| CHAP. XXXIX. | ||
| ||
| (Passed December 17, 1792.) | ||
| SECT. 1. WHEREAS it is represented to this present General Assembly, that a certain Lewis Joyner, did, from the year one thousand seven hundred and eighty-two, to the year one thousand seven hundred and eighty-five, inclusive, act as one of the churchwardens of the parish called Nottoway, in the county of Southampton, during which time he made considerable advances to the poor of the said parish, the amount of which is still due to him, from the failure of the court of the said county, to make provision for paying the same. | Preamble. | |
| SECT. 2. Be it therefore enacted, That the magistrates of the said county of Southampton, shall, at some court to be holden for the same, in the months of March or April next, having first settled and liquidated the claim of the said Lewis Joyner, including interest thereon, proceed to levy and assess the amount thereof, on the tithable persons residing in that part of the said county of Southampton, which composed the parish of Nottoway. | The court of Southampton to levy a sum of money on the county for Lewis Joyner. | |
| SECT. 3. The sheriff or collector of the levy or assessment to be made in pursuance of this act, is hereby empowered and directed to make the collection, and to distrain for the same, on refusal or neglect of payment, and | To be collected by the sheriff. |
| shall receive a commission for so doing, as for collecting taxes; and on the completion thereof shall pay the balance due to the said Lewis Joyner, as the same may have been ascertained by the said court. | ||
| SECT. 4. In case such sheriff or collector shall fail or refuse to account for and pay the levy or assessment directed by the said court, by the time limited, he shall be liable to judgment on motion in the court of the said county of Southampton, upon his receiving ten days previous notice of such motion. | Remedy against him for failing to pay it. | |
| SECT. 5. If the court of the said county of Southampton, directed to meet in virtue of his act, shall fail so to do, or meeting, shall fail to make or order the levy or assessment hereby directed to be made, every justice qualified to act in his office in such county, shall forfeit and pay ten pounds. | Penalty on the justices for failing to lay the levy. | |
| SECT. 6. This act shall commence and be in force from and after the passing thereof. | ||
| CHAP. XL. | ||
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| (Passed November 28, 1792.) | ||
| SECT. 1. WHEREAS it is represented to the General Assembly, that Matthew Sims, late sheriff of the county of Halifax, did, (in pursuance of an act, intituled, An act to remedy abuses in the manner of selling lands for the payment of public taxes,) sell sundry tracts or parcels of land within the county aforesaid, for the taxes accruing in the years one thousand seven hundred and eighty-seven, and one thousand seven hundred and eighty-eight; and that the said Matthew Sims, departed this life before surveys of the lands so by him sold could be made; and the purchasers thereof have of course been unable to obtain | Preamble. |
| legal titles to the same; Be it enacted, that the court of the said county of Halifax shall, and may nominate and appoint some discreet and fit person or persons to execute the necessary deed or deeds for conveying the lands sold as aforesaid, with the said county, to the respective purchaser or purchasers thereof; which said deed or deeds, executed by the person or persons appointed under the authority of this act, shall be deemed and considered as valid, and binding in the law as if the said Matthew Sims had executed the same in his life-time: Provided always, that no person appointed by the county court of Halifax for the purpose aforesaid, shall proceed to act under such appointment, until the same shall have been certified to him by the clerk of the said court under the seal of his office, and shall have been entered of record therein. | Court of Halifax to appoint a person or persons to convey
certain lands sold by a former sheriff. Proviso. |
| CHAP. XLI. An act concerning the Nottoway tribe of Indians. (Passed November 12, 1792.) | |
| SECT. 1. WHEREAS it is represented to this present General Assembly, by the Nottoway tribe of Indians, residing in the county of Southampton, that for their better support they did in the year one thousand seven hundred and seventy-two, lease to certain persons, a considerable tract of land lying in the said county, which lease will expire in the year one thousand seven hundred and ninety-three; and in order to raise a fund for their future support, the said tribe of Indians have petitioned this Assembly for a law to pass, authorising a sale of the said tract of land, and that trustees may be appointed to join them in the conveyance thereof; | Preamble. |
| SECT. 2. Be it therefore enacted, That James Wilkinson, John T. Blow, Thomas Vaughan, Thomas Edmunds, John Taylor, Thomas Ridley and Robert Goodwin, gentlemen, are appointed trustees for the said Indians. | Trustees appointed. |
| SECT. 3. It shall be lawful for the said tribe of Indians, under the direction and with the approbation of the said trustees, or any five of them, to proceed to sell the said tract of land upon twelve months credit; upon which sale being made, the said trustees, or any five of them, shall be, and they are authorised and empowered to join the said tribe of Indians, in conveying the same to the purchaser or purchasers, in fee. | The Indians may sell their lands with the consent of the trustees. |
| SECT. 4. It shall moreover be the duty of the said trustees, to take bonds and sufficient security, payable to themselves and their successors, for the amount of the purchase money for the said land, and so soon as the same shall be paid into their hands, it shall be lawful for them or any five of them, to lay out such amount in the purchase of public securities, and to draw the interest arising therefrom, and apply the same, if sufficient, if not, so much of the principal as the said trustees or any five of them may deem necessary, for the maintenance and support of each of the said Indians, so long as there be any of the said tribe living; and should the said tribe 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, into the public treasury. | Purchase money how to be secured and applied by them. |
| SECT. 5. And be it further enacted, That upon the death, resignation, or removal out of the said county, of any of the said trustees, it shall and may be lawful for the remaining trustees, or a majority of them, to supply the vacancy occasioned by such death, resignation, or removal, and the persons so appointed by the said trustees, shall have as full power and authority to act as if they had been herein particularly mentioned. | Vacancies in the trustees how to be supplied. |
| CHAP. XLII. | ||
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| (Passed December 11, 1792.) | ||
| SECT. 1. WHEREAS it hath been represented to the present General Assembly, that it will contribute to the interest of the Gingaskin tribe of Indians, resident in the county of Northampton, if trustees were appointed to dispose of their lands in the said county, for their support: | Preamble. | |
| SECT. 2. Be it therefore enacted, That the court of the county of Northampton shall be, and they are hereby empowered and required to appoint five trustees, whose duty it shall be, or a majority of them, to meet at some convenient place within one month after their appointment to make such disposition, by lease or otherwise, of the lands aforesaid, as to them shall seem most proper; and to distribute the profits arising therefrom in such proportions amongst the said Indians, as they, or a majority of them, shall think just and right. Provided, that such lease or leases do not exceed the term of seven years. | Trustees to be appointed to dispose of the Indians' land and
divide the profits amongst them. Proviso. | |
| SECT. 3. And be it further enacted, That in case of vacancy of any of the said trustees, by death, resignation or otherwise, the said justices or their successors shall supply the vacancy occasioned thereby, and the said trustees, when appointed, shall have the same power and authority as if particularly named in this act. | Vacancies in the trustees how to be supplied. | |
| SECT. 4. And the said justices, or their
successors, shall also from time to time settle and determine any dispute that may arise between
the trustees and the said Indians.
SECT. 5. This act shall commence in force from the passing thereof. |
Disputes between the Indians and their trustees how to be settled. |
| CHAP. XLIII. | ||
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| (Passed December 7, 1792.) | ||
| SECT. 1. WHEREAS the taxes due in each of the counties of Harrison, Monongalia, Ohio, and Randolph, prior to the year one thousand seven hundred and ninety, were, by an act of Assembly, passed on the twelfth day of December, one thousand seven hundred and eighty-nine, appropriated for the purpose of opening a waggon road from the state road to the mouth of the Little Kanawha: And it is represented that considerable balances of the said taxes so appropriated, are still due from the sheriffs of the said counties, who cannot be compelled to pay the same in the mode prescribed by law: | Preamble. | |
| SECT. 2. Be it therefore enacted by the General Assembly, That it shall and may be lawful for the commissioners appointed to superintend the opening of the said road, to obtain a judgment or judgments against all or any of the sheriffs or collectors, or their securities, of the taxes so as aforesaid, appropriated for any balance or balances thereof, now due from him or them, by motion in any court of record within this Commonwealth, and to obtain executions for the same in like manner and under the same rules and regulations as are prescribed in the case of executions issued in behalf of the Commonwealth. Provided always, that every such sheriff or collector, or their securities, shall have ten days previous notice, in writing, of every such motion. | Remedy against sheriffs failing to account for taxes
appropriated to the clearing the road. Proviso. | |
| SECT. 3. Provided also, That the
balances so to be recovered, or received from the said sheriffs, shall not exceed the original
appropriation of two thousand pounds. |
The sum to be recovered not to exceed the original appropriation. |
| CHAP. XLIV. | ||
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| (Passed December 19, 1792.) | ||
| SECT. 1. BE it enacted by the General Assembly, That the commissioners, or a majority of them, appointed by the act, intituled, An act appropriating certain public taxes to the opening a waggon road from the state road to the mouth of the Little Kanawha, and for other purposes, for the purpose of opening a waggon road from Morgan's town to Fishing creek, on the Ohio river, shall have the same power and authority, for the completion of the collection of the taxes appropriated for the purpose of opening the said road, as is given by an act of the present session of Assembly, to the commissioners appointed to superintend the opening a waggon road from the state road to the mouth of Little Kanawha. | Remedy against sheriffs failing to pay taxes appropriated to the clearing the road. | |
| SECT. 2. This act shall commence and be in force from and after the passing thereof. | ||
| CHAP. XLV. An act to appoint commissioners for certain purposes in the county of Halifax. (Passed October 13, 1792.) | ||
| SECT. 1. BE it enacted by the General Assembly, That Thomas Watkins, David Clark, George Carrington, Henry Coleman, William Hudson and William Payne, junior, gentlemen, or any three of them, shall, and they are hereby required to examine the situation of the lands at Irvin's and Boyd's ferries in the county of Halifax, and make a report to the next Assembly which of them is the most eligible and convenient place for establishing an inspection of tobacco. | Commissioners to view the lands at Irvin's and Boyd's ferries, and report which is the best situation for a tobacco inspection. |
| CHAP. XLVI. | ||
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| (Passed December 6th, 1792.) | ||
| SECT. 1. WHEREAS it has been represented to the General Assembly, that a number of persons resident in the county of Augusta, called and known by the name of the Tinkling Spring Congregation, purchased from a certain William Thompson, a tract or parcel of land for the purpose of erecting thereon a house of worship, and caused the same to be vested in trustees for their benefit, all of whom are since dead; And whereas the house of worship erected thereon as aforesaid, has nearly gone to decay, and it is the wish of the said congregation to dispose of such part of the said land, as may be sufficient to repair the same, or build others: | Preamble. | |
| SECT. 2. Be it therefore enacted by the General Assembly, That Walter Davis, James Steel, Andrew Fulton, Benjamin Stuart, James Frazer, Joseph Bell, and Robert Stuart, gentlemen, belonging to the said congregation, or a majority of them, are hereby appointed trustees, with power to dispose of and convey by deed duly executed, such part of the said tract or parcel of land, as in their opinion, may be deemed necessary for the purpose aforesaid. | Trustees appointed to sell part of the lands. | |
| SECT. 3. And be it further enacted by the General Assembly, That the said trustees or a majority of them, shall have power from time to time, to fill up vacancies occasioned in their number, either by death, change of residence, or resignation, which trustees so appointed, shall have the same power and authority, as if they had ben particularly named in this act. | Vacancies how to be supplied. | |
| SECT. 4. The right to the said tract or parcel of land, as vested in the trustees appointed by the said congregation, shall revive and continue in the trustees appointed by this act, and their successors, chosen as herein directed, in the like quantity and quality, as conveyed to and enjoyed by the original trustees. | Right of former trustees transferred to those appointed by this act. |
| CHAP. XLVII. | ||
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| (Passed October 25, 1792.) | ||
| SECT. 1. WHEREAS it is represented to this present General Assembly, that William Bibb, sheriff of the county of Prince Edward, for the years one thousand seven hundred and eighty-eight, and one thousand seven hundred and eighty-nine, did some time within those years remove to the state of Georgia, whereby no sale of lands could legally be made to discharge the taxes due on the said first mentioned year; and that his deputy sheriffs will thereby be much involved and injured: For remedy whereof, | Preamble. | |
| SECT. 2. Be it enacted, That John Watson shall be, and he is hereby authorised and required, to sell and convey so much of the lands in the said county, whereon sufficient distress cannot be made for that purpose, as will discharge the taxes due for such lands in the said year one thousand seven hundred and eighty-eight, in like manner and under the same rules, allowance, regulations and restrictions, as directed and prescribed by law for high sheriffs. | John Watson authorized to sell certain lands the taxes on which are unpaid. | |
| CHAP. XLVIII. | ||
| ||
| (Passed December 8, 1792.) | ||
| SECT. 1. WHEREAS the glebe lands and other property, belonging to the episcopal church, in the parish of Saint Patrick, in the county of Prince Edward, were sold in pursuance of an act of the General Assembly in that case made, and the money arising from the sales thereof, has remained in the hands of individuals in the said county, from the period of the said sale. | Preamble. |
| SECT. 2. Be it therefore enacted by the General Assembly, That Thomas Scott, Charles Allen, John Morton, William Wooten and James Morton, gentlemen, or any three of them, be, and are hereby appointed trustees, with full power to receive, sue for, and recover the same, from all and every person and persons whomsoever, their heirs, executors, and administrators, and the same when so received, to retain in their hands subject to such appropriation as a court of the said county, composed of twelve magistrates at least, shall consider most just and beneficial from their said county. | Trustees appointed to recover the money raised by the sale of the glebe, &c. |
| SECT. 3. If the said trustees, or those of them who shall act, shall fail to account to the said court for all or any monies which they may receive, pursuant to this act, in that case the said court may recover such money by motion to the district court of Prince Edward against such trustees, on giving them ten days previous notice of such motion. | The money how to be disposed of. Summary remedy against the trustees if they fail to account. |
| SECT. 4. This act shall commence in force from the passing thereof. | |
| CHAP. XLIX. An act for dividing the county of Russell into two distinct counties. (Passed October 25, 1792.) | |
| SECT. 1. BE it enacted by the General Assembly, That from and after the thirteenth day of May next, all that part of the county of Russell, which lies westwardly of a line beginning on the top of Clinch mountain, one mile eastwardly of big Maukason gap, thence a direct course to the mouth of Stock creek, thence up the same to Powell's mountain, thence due north to the Kentucky boundary, shall form one distinct county, and be called and known by the name of Lee; and the residue of the said county, shall retain the name of Russell. | Russell county divided, and Lee formed. |
| SECT. 2. A court for the said county of lee, shall be held by the justices thereof on the second Tuesday in every month, after the same shall take place, in like manner | Court day. |
| as is provided by law for other counties, and shall be by their commissions directed. | |
| SECT. 3. The justices to be named in the commission of the peace for the said county of Lee, shall meet at the house of Isaac Chrisman in the said county, upon the first court day after the said county shall take place, and having taken the oaths prescribed by law, and administered the oath of office to, and taken bond of the sheriff according to law, proceed to appoint and qualify a clerk, and fix upon a place for holding courts in the said county, at, or as near the centre thereof as the situation and convenience will admit, and thenceforth the said court shall proceed to erect the necessary public buildings at such place, and until such buildings be completed, to appoint any place for holding courts as they shall think proper. Provided always, that the appointment of a place for holding courts, and of a clerk, shall not be made unless a majority of the justices of the said county be present; where such majority shall have been prevented from attending by bad weather, or their bing at the time out of the county, in such case the appointment shall be postponed until some court day when a majority shall be present. | First meeting of the justices, when and where; To appoint a clerk and fix on a place for holding courts |
| SECT. 4. Provided also, and be it further enacted, That it shall be lawful for the sheriff of the county of Russell, to collect and make distress for any public dues and officers' fees remaining unpaid by the inhabitants thereof at the time the said county of Lee shall take place, and shall be accountable for the same, in like manner as if this act had not been made. | Public due and fees in new county how to be collected. |
| SECT. 5. The governor, with advice of the council, shall appoint a person to be first sheriff of the said county, who shall continue in office during the term, and upon the same conditions as are by law prescribed for other sheriffs. | First sheriff, how to be appointed. |
| SECT. 6. The court of the said county of Russell shall have jurisdiction of all actions and suits which shall be depending before them when the said county of lee takes place, and shall try and determine the same, and award execution thereon. | |
| SECT. 7. In all future elections of a senator, the said county of Lee shall be of the same district as the said county of Russell. | New county, to what senatorial district to be annexed. |
| CHAP. L. An act for dividing the county of Culpeper. (Passed December 4, 1792.) | |
| SECT. 1. BE it enacted by the General Assembly, That from and after the first day of May next, all that part of the county of Culpeper, within the following bounds, to wit: Beginning at the mouth of Robinson river, thence up the same to the mouth of Crooked run, thence up the said run to the mountain road, where Tennant's church formerly stood, thence a straight course to the head of Hugh's river in the Blue Ridge, thence the same course continued to the top of the ridge, and to the line of Shenandoah county, thence westwardly on the top of the ridge with the lines of the counties of Shenandoah and Rockingham, to the line of Orange county, thence with the line of Orange to the beginning, shall form one distinct county, and be called and known by the name of Madison. | Culpeper county divided, and Madison formed. |
| SECT. 2. A court for the said county of Madison shall be held by the justices thereof on the fourth Thursday in every month after the same shall take place, in like manner as is provided by law for other counties, and shall be by their commissions directed. | Court day. |
| SECT. 3. The justices to be named in the commission of the peace for the said county of Madison, shall meet at the house of John Yager, junior, in the said county, upon the first court day after the said county shall take place, and having taken the oaths prescribed by law, and administered the oath of office to, and taken bond of the sheriff according to law, proceed to appoint and qualify a clerk, and fix upon a place for holding courts in the said county, at or as near the center thereof as the situation and convenience will admit, and thenceforth the said court shall proceed to erect the necessary public buildings at such place, and until such buildings be completed, to appoint any place for holding courts as they shall think proper. Provided always, that the appointment of a place for holding courts and of a clerk, shall not be made unless a majority of the justices of the said county be present; where such majority shall have been prevented from attending by bad weather, or their being | First meeting of the justices, when and where. To appoint a clerk, and fix on a place for holding courts |
| at the time out of the county, in such case the appointment shall be postponed until some court-day when a majority shall be present. | |
| SECT. 4. It shall be lawful for the sheriff of the county of Culpeper to collect and make distress for any public dues and officers fees which shall remain unpaid by the inhabitants of the said county of Madison, at the time the said county shall take place, and shall be accountable for the same in like manner as if this act had never been made. | Public dues and fees in new county, how to be collected. |
| SECT. 5. The governor, with the advice of council, shall appoint a person to be first sheriff of the said county of Madison, who shall continue in office during the term and upon the same conditions as are by law appointed for other sheriffs. | First sheriff, how to be appointed. |
| SECT. 6. The court of the said county of Culpeper shall have jurisdiction of all actions and suits depending before them at the time the said county of Madison takes place, and shall try and determine the same, and award execution thereon. | |
| SECT. 7. The said county of Madison shall remain in the same district with Culpeper, for which district courts are holden in Fredericksburg, to all intents and purposes as if this act had not been made. In all future elections of a senator, the said county of Madison shall be of the same district as the said county of Culpeper. | New county, to what districts annexed. |
| CHAP. LI. An act for dividing the county of Wythe. (Passed November 7, 1792.) | |
| SECT. 1. BE it enacted by the General Assembly, That from and after the first day of may next, all that part of the county of Wythe, within the following bounds, to wit: Beginning in Washington line, where it joins the Iron mountain, thence along the said mountain to a spur of the same, that forms Ewing's mountain, keeping the ridge that divides the waters of Cripple and Bush creeks to the top of the said mountain; thence a straight course to the Poplar Camp mountain by Rose's mill; thence to | Wythe county divided, and Grayson formed. |
| the mouth of Greasy creek; thence a straight course to Montgomery line, shall form one distinct county, and be called and known by the name of Grayson. | |
| SECT. 2. A court for the said county of Grayson, shall be held by the justices thereof on the third Tuesday in every month after the same shall take place, in like manner as is provided by law for other counties, and shall be by their commission directed. | Court day. |
| SECT. 3. The governor with advice of the council, shall appoint a person to be first sheriff of the said county, who shall continue in office during the term, and upon the same conditions as are appointed by law for other sheriffs. | First sheriff how to be appointed. |
| SECT. 4. The justices to be named in the commission of the peace for the said county of Grayson, shall meet at the house of William Bouran, in the said county, upon the first court day after the same shall take place, and having taken the oaths prescribed by law, and administered the oath of office to, and taken bond of the sheriff according to law, proceed to appoint and qualify a clerk, and fix upon a place for holding courts in the said county, at or as near the centre thereof, as the situation and convenience will admit, and thenceforth the said court shall proceed to erect the necessary public buildings at such place, and until such buildings be completed to appoint any place for holding courts in the said county, as they shall think proper. Provided always, that the appointment of a place for holding courts, and of a clerk, shall not be made unless a majority of the justices of the said county be present; where such majority shall have been prevented from attending by bad weather, or their being at the time out of the county, in such cases the appointment shall be postponed until some court day when a majority shall be present. Provided also, that it shall be lawful for the sheriff of the said county of Wythe, to collect and make distress for any public dues or officers fees which shall remain unpaid by the inhabitants thereof, at the time the said county of Grayson takes place, and shall be accountable for the same in like manner as if this act had not been made. | First meeting of the justices, when and where. To appoint a clerk and fix on a place for holding courts. Public dues and fees in new county, how to be collected. |
| SECT. 5. The court of the said county of Wythe shall have jurisdiction of all actions and suits, which are depending before them at the time the said county of Grayson shall take place, and shall try and determine the same, and award execution thereon. |
| SECT. 6. The said county of Grayson shall be included in the district with the said county of Wythe, for which a court is to be holden at Washington courthouse. In all future elections of a senate, the said county of Grayson shall be of the same district as the county of Wythe. | To what districts to be annexed. | |
| CHAP. LII. | ||
| ||
| (Passed November 29, 1792.) | ||
| SECT. 1, Be it enacted by the General Assembly, That the act to revive in part an act intituled an act to increase the reward for killing wolves in certain counties, which will expire at the end of the present session, shall be, and the same is hereby revived, so far as the same respects the counties of Hampshire, Albemarle, Amherst, Fluvanna, Orange, Culpeper, Berkeley, Loudoun, Prince William, Buckingham, Pendleton, Frederick, Shenandoah, Fauquier, Hardy, Charlotte, Greenbrier and Pittsylvania. Any law to the contrary thereof, notwithstanding; | Act increasing reward for killing wolves revived as to certain counties. | |
| SECT. 2. This act shall commence in force from the twentieth day of December next. | ||
| CHAP. LIII. | ||
| ||
| (Passed November 15, 1792.) | ||
| SECT. 1. WHEREAS it has been represented to the present General Assembly, that the dividing line of the counties of Amelia and Nottoway, crosses in an oblique | Preamble. |
| direction, that of the parishes of Rawleigh and Nottoway, so as to render it very inconvenient to the inhabitants of either county residing between the lines to attend their respective parochial concerns: | |
| SECT. 2. Be it therefore enacted by the General Assembly, That the county line of the counties aforesaid, shall in future be considered, and is hereby established, as the line of separation of the said parishes. | The county line established the parish line. |
| CHAP. LIV. An act for re-assessing the lands in the county of Kanawha. (Passed November 10, 1792.) | |
| SECT. 1. WHEREAS the county of Kanawha, being composed of parts of the counties of Greenbrier and Montgomery, the commissioners of which counties proceeding on different principles in their valuation of lands in their respective counties, whereby great inequalities have arisen in the value of lands in the said counties, by reason whereof many landholders within the said county complain that their lands are taxed much higher than other lands in the same county of equal quality, and application hath been made to this Assembly, to give a legal sanction to measures for conducting a full and fair enquiry respecting the facts by them stated, in such manner that full information being had therein, such measures may be taken as will do justice to the landholders within the county, without any diminution or derangement of the public revenue. And whereas it is at all times the duty of the legislature to attend to the complaints of the people, and redress their grievances, for the purpose of conducting a proper enquiry respecting the complaints of the aforesaid landholders: | Preamble. |
| SECT. 2. Be it therefore enacted by the General Assembly, That three discreet persons shall be appointed by the governor, with advice of council, as commissioners to make a new valuation of all the lands heretofore assessed and included in the county of Kanawha, in such | Commissioners to be appointed to reassess the lands. |
| manner that all the lands so included shall average the price of three shillings per acre. | |
| SECT. 3. The commissioners so appointed, or any two of whom, shall be sufficient to act, shall before they enter on the execution of the duties herein required, take an oath before the court of Kanawha county, which oath shall be entered of record, faithfully and impartially to value all the lands in the said county to the best of their skill and judgment, in such manner that the whole quantity of land contained therein, shall on an average amount to the price of three shillings per acre. | Oath to be taken by them. |
| SECT. 4. In case of the death, refusal to act, or other disability of all or any of the said commissioners, the governor, with advice of council, shall appoint others in the room of the persons dead, refusing to act, or disabled, who shall in like manner take an oath as herein before required. | Vacancies, how to be supplied. |
| SECT. 5. The commissioners so appoined, may enter on the execution of the duties herein required, as soon as they shall have taken the oath aforesaid, and shall continue therein from time to time, so as to complete the whole by the first day of May, in the year one thousand seven hundred and ninety-five. | Revaluation, when to be commenced and finished. |
| SECT. 6. The said commissioners shall make fair and distinct entries of all the lands by them valued, in a book to be kept by them for that purpose; of which book they shall make two copies, one of which shall be delivered to the governor, to be laid before the Assembly at their meeting in the session in the year seventeen hundred and ninety-five, and the other copy to be delivered to the clerk of Kanawha county, for the inspection of the court. The commissioners for their services in viewing and valuing the said lands, and for entering the same in their book, and making two copies as aforesaid, shall be allowed by the court of Kanawha, at the rate of six shillings per day, each, to be levied on the landholders of the said county, in proportion to the present assessment of the lands therein. | Commissioners' books, how to be disposed of. Compensation for their services. |
| CHAP. LV. | ||
| ||
| (Passed December 8, 1792.) | ||
| SECT. 1. Be it enacted by the General Assembly, That from and after the first day of March next, a court for the county of Hampshire shall be held by the justices thereof on the Wednesday next after the second Tuesday in every month, instead of the last Tuesday. A court for the county of Shenandoah shall be held on the second Tuesday, instead of the last Thursday in every month: And a court for the county of Accomack shall be held by the justices thereof on the last Monday in every month, instead of the last Tuesday. | Change of the court days, of Hampshire, Shenandoah, and Accomack. | |
| SECT. 2. And be it further enacted, That the court of quarter-sessions directed by law to be held in the month of September in the said county of Hampshire, shall hereafter be held in the month of August. The court of quarter-sessions shall be held in the said county of Shenandoah in the month of February, instead of March, in every year. And the court of quarter-sessions for the county of Berkeley, shall be hereafter held on every third Tuesday in may, instead of June. And law to the contrary thereof, notwithstanding. | And of the quarterly sessions of Hampshire, Shenandoah, and Berkeley. | |
| SECT. 3. This act shall commence and be in force from and after the first day of February next. | ||
| LVI. An act for establishing several new ferries. (Passed November 17, 1792.) | ||
| SECT. 1. Be it enacted by the General Assembly, That public ferries shall be constantly kept at the following places, and the rates for passing the same as followeth, | Public ferries established across Tyger Valley, |
| that is to say: From the land of Adam Minear, in the county of Harrison, across Tyger Valley river to the opposite shore, the price for a man four cents, and for a horse the same; from the land of William Morton, in the county of Charlotte, across Staunton river to the land of Joel Watkins, in the county of Halifax, the price for a man four cents, and for a horse the same; from the land of Jonathan Zane, across Ohio river to the opposite shore, the price for a man five cents, and for a horse the same; from the land of John Horseley, in the county of Buckingham, across Fluvanna River, to the land of the said Horseley, on the opposite shore, in the county of Amherst, the price for a man four cents, and for a horse the same; from the land of Samuel Anglin, across Monongahela river, to the land of William Anglin, on the opposite shore, the price for a man four cents, and for a horse the same; and from the land of Edward M'Shan, in the county of Berkeley, across Patowmac river, to the iron works in the state of Maryland, the price for a man four cents, and for a horse the same. | Staunton, Ohio, Fluvanna, Monongahela, and Patowmack rivers. |
| SECT. 2. And for the transportation of wheel carriages, tobacco, cattle and other beasts, at the places aforesaid, the ferry keepers may demand and take the following rates, that is to say: for every coach, chariot or waggon, and the driver thereof, the same as for six horses; for every cart or four-wheel chaise, and the driver, the same as four horses; for every two-wheel chaise or chair, as for two horses; for every hogshead of tobacco, as for one horse; for every head of neat cattle as for one horse; for every sheep, goat or lamb, one-fifth part of the ferriage for one horse; and for every hog, one-fifth part of the ferriage for one horse, and no more. | Rates. |
| SECT. 3. If any ferry keeper shall demand or receive any greater rates than are hereby allowed, for the ferriage or carriage of any thing, he shall for every such offence, forfeit and pay to the party aggrieved the ferriages demanded or received, and two dollars, to be recovered with costs before a justice of the peace of the county where the offence shall be committed. | Penalty on ferry keeper for demanding or receiving more than the legal rates. |
| SECT. 4. This act shall commence and be in force from and after the passage thereof. |
| CHAP. LVII. | ||
| ||
| (Passed November 1, 1792.) | ||
| SECT. 1. Be it enacted by the General Assembly, That it shall and may be lawful for John Sinclair, his heirs and assigns, to erect or build a bridge over Pagan creek at the town of Smithfield, in the county of Isle of Wight, from any part of the lands on each shore within the distance of sixty feet from the present bridge. | Toll-bridge to be built over Pagan creek. | |
| SECT. 2. It shall be lawful for the said John Sinclair, his heirs and assigns, to demand and receive the following tolls or rates for the passage of any person or thing over the said bridge, that is to say: The price for a man five cents, and for a horse the same; for every coach, chariot, or waggon, and the driver thereof, the same as for six horses; for every cart or four-wheel chaise or chair, and the driver thereof, the same as for four horses; for every two wheel chaise or chair, the same as for two horses; for every hogshead to tobacco as for one horse; for every head of neat cattle as for one horse; for every sheep, goat or lamb, one fifth part to the toll or rate for one horse; and for every hog, one fourth part of the toll or rate for one horse, and no more. | Rates. | |
| SECT. 3. If the said John Sinclair, his heirs or assigns, or his, or their agent or servant, shall presume to demand or receive from any person or persons greater rates or tolls than is hereby allowed, for the passage of any thing, he shall forfeit and pay for every such offence to the party grieved, the tolls or rates demanded or received, and one dollar and sixty-six cents; to be recovered with costs before a justice of the peace of the said county of Isle of Wight. | Penalty on the keeper for demanding or receiving more than the legal rates. | |
| SECT. 4. If the said bridge shall remain unfit for the passage of any person or thing by the space of three months, the privilege hereby granted to the said John Sinclair, his heirs and assigns, shall thenceforth cease and determine. | Proprietor's privilege, how it may be forfeited. | |
| SECT. 5. Provided always, and be it further enacted, That the said bridge shall be so constructed that the navigation of the said creek may not thereby be injured. | Bridge to be so constructed as not to affect. |
| or affected, under the penalty of three hundred and fifty dollars; to be recovered by bill, pliant, or information, in any court of record within this Commonwealth, one half to the use of the informer, and the other half to the use of the Commonwealth. | the navigation. | |
| SECT. 6. And be it further enacted, That Thomas Smith, Thomas King, Mills Wills, and Charles Fulgham, gentlemen, or any three of them, are hereby required on or before the first day of January next, to value the bridge built at the expence of the said county, over Pagan creek, at the said town of Smithfield, and now standing, and certify the same to the court of Isle of Wight county, and in case the said John Sinclair shall within two months after such valuation, enter into bond with sufficient security, for the same, to the justices of the said court, and their successors, for the use of the county, and payable at such time as shall be fixed by the court, that then the said bridge shall be and it is hereby vested in the said John Sinclair, his heirs and assigns. | The present bridge to be valued. and vested in John Sinclair, upon payment of the value. | |
| SECT. 7. This act shall commence and be in force on the first day of November next. | ||
| CHAP. LVIII. | ||
| ||
| (Passed October 27, 1792,) | ||
| SECT. I, Be it enacted by the General Assembly, That the ferry heretofore established from the land of Carter Crawford, at Mulberry island point, in the county of Warwick, across James river, to Hardy's land in the county of Isle of Wight, shall be, and the same is hereby discontinued. | Crawford's ferry discontinued. | |
| SECT. 2. This act shall commence and be in force from and after the passing thereof. |
| Pages 517-543
| Pages 568-587
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