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| THE |
Statutes at Large;
OF ALL THE
LAWS OF VIRGINIA
FIRST SESSION OF THE LEGISLATURE,
IN THE YEAR 1619.
PUBLISHED PURSUANT TO AN ACT OF THE GENERAL ASSEMBLY
OF VIRGINIA, PASSED ON THE FIFTH DAY OF FEBRUARY,
ONE THOUSAND EIGHT HUNDRED AND EIGHT.
By WILLIAM WALLER HENING.
PRINTED FOR THE EDITOR.
J. & G. COCHRAN, PRINTERS
| PREFACE |
Eighth Volume of the Statutes at Large.
|THIS Volume terminates the laws under the colonial government, and brings them down to the year of our Lord, 1773. In 1774 no assembly was held. The failure to call assemblies "for a long space of time" is one of the instances of misrule in the kingly office, recited in the preamble to our state constitutions. That spirit of disaffection produced by the stamp-act, and which is manifested by a law of 1766, extending the act of limitations, in consequence of the courts, refusing to receive the probat of deeds subject to a stamp duty, (a) never entirely subsided. To this succeeded such innovations and restrictions in the mode of acquiring titles to waste and unappropriated lands, as amounted to a total prohibition. These, with many other acts of royal oppression, enumerated by the framers of our constitution, let to the REVOLUTION, which finally separated the colonies from the mother country. With the Ordinances of Convention of 1775, passed during the interregnum, the next volume will commence; then will follow, in regular succession, the Acts of the General Assembly, of Virginia, under her republican form of government, by far the most interesting period of our laws.|
|WILLIAM WALLER HENING.|
(a) See pa. 199.
| List of Governors of Virginia, during |
the period comprised in this volume.
|FRANCIS FAUQUIER, Esq. continued Governor from 1758 to 1767; the last patents signed by him, being dated the 10th of September, 1767; after which John Blair, esq. officiated as President of the Council.||Francis Fauquier, esq.|
|John Blair, esq. acted as President of the Council until the latter part of the year 1678; the last patent signed by him bearing date the 24th of October, 1768. He was succeeded by Norborne Berkeley, Baron de Botetourt, by whom the first patents were signed the 6th of April, 1769.||John Blair, esq. president of the council.|
|Lord Botetourt continued governor until 1770, when he died; the last patents signed by him, are dated the 27th of August, 1770.||Lord Botetourt.|
|William Nelson, esq. was President of the Council from the death of Lord Botetourt, in 1770, until the accession of John Murray, Earl of Dunmore, in 1772; the last patents signed by William Nelson, esq. as president of the council, are dated the 3d of August, 1771, and the first by Lord Dunmore, as governor, the 31st of March, 1772.||William Nelson, president of the council.|
|Lord Dunmore continued governor until the commencement of the Revolution in 1775, when he fled.||Lord Dunmore, the last governor under the colonial government.|
| ANNO REGNI |
Regis Magnæ Britanniæ, Franciæ et
Francis Fauquier, esq. governor.
|I. WHEREAS several companies of the militia of the several counties herein after named have lately been drawn out into actual service, by command of his honour the Governour, for the defence and protection of the frontiers of this colony, against the incursions and depredations of the Indians, and it will be a great saving to the colony to have the accounts of their pay, and the provisions, arms, and other necessaries furnished for them, adjusted by commissioners in the country; and it is moreover judged reasonable, and expedient at this||Commissioners to state accounts of militia lately called into actual service.|
|time, when the defence of the colony must depend upon our militia, to allow them some additional reward to encourage them cheerfully to enter into the service, and perform their duty therein:|
|II. Be it therefore enacted, by the Lieutenant-Governour, Council and Burgesses, of this present General Assembly, and it is hereby enacted by the authority of the same, That George Washington, Fielding Lewis, William Green, Thomas Marshall and Thomas Rutherford, gentlemen, be, and they are hereby appointed commissioners for the counties of Hampshire, Frederick, Culpeper, Prince-William, Loudoun and Fauquier, and Thomas Walker, George Carrington, William Cabell, Thomas Lewis, and Peter Hogg, gentlemen, for the counties of Augusta, Louisa, Orange, Albermarle, Amherst, Bedford and Halifax, to examine, state, and settle the accounts of such pay, provisions, arms, and necessaries for the militia of the counties for which they are appointed commissioners, respectively, allowing in such accounts the additional pay of sixpence a day to every subaltern and non-commissioned officer and soldier, and also the pay of five shillings a day to such person employed as a scout by direction of the governour; and where arms have been impressed for the said service, and the proprietor thereof hath refused, or shall refuse, such arms when returned, in such case the said commissioners shall allow such proprietor the appraised value thereof, and such arms shall be delivered to the county-lieutenant, or other commanding officer, for the use of the publick, to be used by the militia as occasion requires, until the General Assembly shall give further direction therein. And the said commissioners, or any three of them, shall, and they are hereby empowered, and required, to meet for the purposes aforesaid at such times and places as they shall respectively thing fit and convenient, of which time and place publick notice shall be advertised at the court house of each respective county, at least one month before such meeting, and to adjourn from time to time until they shall have settled all the accounts of the said militia; and shall have power to call all persons concerned in settling the said accounts before them, and to administer an oath or oaths to any person or persons, for their better information in the premises: And that the said commissioners, or any two of them, shall certify the said accounts so by them examined, stated and settled, to the governour or commander|
|in chief for the time being, who is hereby desired to issue his warrant to the treasurer of this colony from time to time for the payment thereof; and the said treasurer shall pay the same out of the money that shall come to his hands for bills of exchange to be drawn on the agent of this colony in Great Britain, in pursuance of an act of assembly made in the thirty-fourth year of the reign of his late majesty king George the second, entitled, An Act for appointing persons to receive the money granted, or to be granted, by the Parliament of Great Britain to his majesty for the use of this colony.|
|III. And be it further enacted, by the authority aforesaid, That when any county lieutenant, or other commanding officer of the militia, shall be required by the governour or commander in chief of this colony to draught any part of his militia, pursuant to the act of assembly made in the thirtieth year of the reign of his late majesty king George the second, An Act for reducing the several acts for making provision against invasions and insurrections into one act, such county lieutenants, or other commanding officer, shall be empowered to offer a bounty of forty shillings to every person who will voluntarily engage in the service; and the persons so engaging shall be entitled to such bounty, to be paid by the publick, on such officers certificate to the next session of assembly; and shall moreover have such pay and exemptions, and be subject to the same regulations, fines, and punishments, as the militia drawn into actual service are entitled and subject to by the said act.||Bounty on miltia.|
|IV. Provided, That such person shall continue in the service until the governour or commander in chief shall order the militia of such county to be discharged, and shall order the militia of such county to be discharged, and shall also be ready to serve whenever he is called upon by the commanding-officer of the county to which he belongs, for one year, to be computed from the time of his engaging as before mentioned. And if the number required cannot be raised by such voluntary enlistments, then the county lieutenant, or such or the commanding officer, shall proceed to draught so many men of his militia as will make up the number, in the manner directed by the said act; and every subaltern and non-commissioned officer and soldier, who by such voluntary engagement or draught shall be employed in the defence of this colony, at any time before the first day of December next,|
|shall receive sixpence a day over and above the pay allowed by the said act, to be paid in the manner therein directed.|
|V. And whereas some of the militia lately employed lost part of their baggage, and their horses, in skirmishes with the Indians, for which they ought to be paid by the publick: Be it therefore further enacted, That the said commissioners shall be, and they are hereby empowered and required, respectively, to examine the accounts produced to them of such losses, and report the same to the next session of assembly.|
|VI. And be it further enacted, That the said commissioners shall be allowed for their trouble ten shillings a day each, for the time they shall be employed therein.|
|I. WHEREAS by an act, entitled, An Act for amending and further continuing the several acts of assembly of this colony for amending the staple of tobacco, and for preventing frauds in his majesty's customs, it is, amongst other things, enacted that where the owner or proprietor of any publick warehouse, or some other person on his behalf, will not undertake the buildings and repairs as by the said recited act are directed, it shall and may be lawful for the justices of the county in which such publick warehouse stands, and they are thereby required, to cause such repairs and houses to be made and built as aforesaid, and to levy the charge thereof upon the inhabitants of their county; and that they shall and may take and receive annually a part of the rents established at such inspection, in proportion to the other house there, for reimbursing the county the charge of such repairs and buildings.||Recital of former act.|
|II. And whereas it will be a great hardship upon the inhabitants of such counties who shall be obliged to advance money for such buildings and repairs to lie out of the same until they can be reimbursed in the manner proscribed by the said act, Be it therefore enacted by the Lieutenant-Governour, Council and Burgesses, of this present General Assembly, and it is hereby enacted by the authority of the same, That where the owner or proprietor of any publick warehouse shall refuse or neglect to erect or make such buildings or repairs as are directed by the said recited act of assembly, the justices of the county court wherein such buildings or repairs are to be made shall direct or cause the same to be made in manner as by the said recited act is directed, and shall certify the expense thereof to the treasurer of this colony for the time being, who is hereby directed and required to pa and discharge such expense out of the publick money in his hands arising from the inspection of tobacco, and shall and may take and receive of the inspectors annually a part of the rents established at such inspection, in proportion to the other houses there, for reimbursing the publick the charge of such building and repairs, until the same shall be fully satisfied and repaid, which proportion shall be certified by the several county courts to the treasurer aforesaid.||Expenses of building and repairing warehouses, to be certified to treasurer, and paid by the public.|
|III. And be it further enacted, by the authority aforesaid, That so much of the said recited act of assembly as relates to levying the expense of the said buildings or repairs on the inhabitants of the county wherein such buildings or repairs shall be made, be, and the same is hereby repealed.|
|I. WHEREAS by a certain act of Assembly, made in the first year of his present majesty's reign, entitled, An Act for dividing the parish of Elizabeth-River, in the county of Norfolk, in to three distinct parishes, for dissolving the vestry of the said parish, and for other purposes therein mentioned, the said parish was accordingly divided into three distinct parishes, all that part whereof lying to the northward and eastward of Elizabeth-River, and the eastern branch thereof, was erected into one distinct parish, and retains the name of Elizabeth-River, within the bounds whereof the borough of Norfolk is included, which is become so populous that it contains at least three fourths of the inhabitants of the said parish.||Vestry of Elizabeth-River parish authorised to purchase & improve lots in borough of Norfolk, for their minister, instead of a glebe; and to pay his salary in money, instead of tobacco.|
|II. And whereas it is represented to this present General Assembly, as well by the minister, church-wardens, and vestry, as by divers other inhabitants of the said parish of Elizabeth-River, that although by the said above mentioned act the glebe of the said parish, as it formerly stood entire and undivided, was directed to be sold, and the money arising from the sale thereof to be divided between the three new parishes, in proportion to their respective number of tithables, to be applied towards purchasing glebes for the said parishes; yet, nevertheless, that the share of that money due to the said parish of Elizabeth-River is not near sufficient for that purpose, and that the lands in the said parish are in general extremely poor and barren, though held at a high price, whereby they are prevented from purchasing a convenient glebe for their minister; and that it would be more convenient to the minister, and, considering the small extent of the parish, not inconvenient|
|to the inhabitants of the said parish, if the residence of their said minister was fixed in the said borough of Norfolk.|
|III. And whereas it is further represented that as the lands in the said parish are not fit for the cultivation of tobacco, a very inconsiderable quantity of that commodity has been raised for many years past, by which means the parishioners are often subject to most exorbitant exactions from the collectors of the parish levies, hitherto payable in tobacco, and that it would be a great ease to the inhabitants of the said parish if they were permitted to pay their minister's salary in money instead of tobacco, who is willing to accept of an annual salary of two hundred pounds current money in lieu of the salary established by law, and of any other benefits and advantages that he might receive and acquire by being provided with a glebe in the manner by law appointed, and they have made their humble petition to this General Assembly that an act may pass to enable them to purchase lots in the said borough of Norfolk, and to build convenient houses thereon for the reception and residence of their minister, and to levy the expense thereof on the inhabitants of the said parish, and also to pay their said minister's salary in money instead of tobacco.|
|IV. Be it therefore enacted, by the Lieutenant-Governour, Council and Burgesses, of this present General Assembly, at the humble suit of the Minister, Vestry and Inhabitants, of the said parish, and it is hereby enacted, by the authority of the same, That it shall and may be lawful to and for the present vestry of the said parish of Elizabeth-River, and the vestry of the said parish for the time being, and they are hereby empowered and required, as soon as conveniently they can after the passing of this act, to purchase nay number of convenient lots within the said borough of Norfolk, not exceeding four, and to cause the same to be conveyed to them, and their successours, by good and sufficient deeds of conveyance, In trust, to and for the use of the minister of the said parish for the time being, for ever; which lots when so purchased and conveyed shall be, and are hereby declared, to be vested in the present minister of the said parish, and his successours, in lieu of a glebe directed to be provided by the act passed in the twenty-second year of the reign of his late majesty king George the second, entitled, An Act for the support|
|of the Clergy, and for the regular collecting and paying the parish levies: And the said vestry are hereby also empowered and required to cause to be erected and built, on such of the said lots as they shall think proper, one convenient mansion house, and such other houses and improvements as are by the said last mentioned act directed to be built on the several glebes in this colony, and to levy the charge, as well of the said lots as of the buildings to be erected thereon, on the tithable persons of their said parish.|
|V. And be it further enacted, by the authority aforesaid, That the vestry of the said parish for the time being shall, and they are hereby empowered and required, annually, at the laying of their parish levies, to levy and assess upon the tithable persons of their said parish a salary of two hundred pounds current money, which shall be paid to the minister of the said parish for the time being, in lieu of the salary of sixteen thousand pounds of tobacco and cask, now by law allowed, and also in lieu of all other advantages and benefits which the said minister might acquire from a glebe; which said salary of two hundred pounds shall be collected, levied and paid, at the same times, and in the same manner, as is by the said above mentioned act of Assembly directed and appointed for the collection and payment of the ministers salaries in this colony.|
|VI. Provided always, That the execution of this act shall be, and the same is hereby suspended, until his majesty's approbation thereof shall be obtained.|
|I. WHEREAS it hath been represented to this present General Assembly that the opening and clearing a road over the mountains in the county of Augusta, at a place called the Rockfish gap, would be a great advantage to the inhabitants of that and the neighbouring counties, as it would be the most convenient passage for||Road through Rockfish, gap, over the mountains, to be opened.|
|extending their commerce to a considerable distance beyond those mountains; but that it cannot be effected in the manner prescribed by the laws of this colony for clearing of roads, and must be attended with more than ordinary expense:|
|II. Be it therefore enacted, by the Lieutenant-Governour, Council and Burgesses, of this present General Assembly, and it is hereby enacted by the authority of the same, That it shall and may be lawful to and for the court of the said county of Augusta, and they are hereby authorized and empowered, from time to time, as they shall think it necessary, to appoint proper persons to open and clear a road over the said mountains through the said gap, and to levy the expense thereof on the tithable inhabitants of the said county, at the time of their laying the county levy; so that such expenses shall not exceed the sum of one hundred and fifty pounds, which shall be levied and collected in the same manner as the other county levies, and paid to the persons entitled to the same.|
|I. WHEREAS it is represented to this present General Assembly, by sundry inhabitants of the county of Westmoreland, that the publick warehouse for the inspection of tobacco, as it is now established on the south side of Nomony river in the said county, is very inconveniently situated, as well with regard to the planters as to the merchants trading with them for their tobacco; and that, as the said warehouse is at this time in a ruinous condition, a new one must of necessity be built in a short time, which may be placed on a much more commodious spot, lower down the river, on the land of William Flood, gentleman, the present proprietor of the said warehouse, who is also willing and desirous that such a removal may be made:||Warehouse, on south side of Nomony, river discontinued, and new one erected on land of William Flood.|
|II. Be it therefore enacted by the Lieutenant-Governour, Council and Burgesses, of this present General Assembly, and it is hereby enacted by the authority of the same, That from and after the first day of September next the warehouse at Nomony aforesaid shall be discontinued, and a new warehouse erected lower down the said river, near to the lower ferry, on the land of the said William Flood, and that it shall and may be lawful to and for the court of the said county of Westmoreland to order and direct the said William Flood, or the proprietor of the said land for the time being, to erect, build, and completely finish, by or before the said first day of September next, such and so many strong, close, and substantial houses, as shall be sufficient, in their opinion, conveniently to contain one half of the quantity of tobacco mentioned in the account of the inspectors of the present warehouse the last year, and to secure the said houses in the manner directed by an act of Assembly made in the first year of his present majesty, entitled, An Act for amending and further continuing the several acts of Assembly of this colony for amending the staple of tobacco, and preventing frauds in his majesty's customs; and the said court also take bond, with sufficient security, in a reasonable penalty, payable to his majesty, his heirs and successours, with condition for the due performance of such buildings.|
|I. WHEREAS a number of gentlemen have lately formed themselves into a company of adventurers for the purpose of draining, and rendering fit for cultivation, a large tract of marshy ground, known by the name of the Great Dismal Swamp, lying in the counties of Nansemond and Norfolk, which if effected will be attended with publick utility; but as it may happen that in the prosecution of their undertaking they may||Dismal swamp company authorised to drain it.|
|be under a necessity of cutting and passing through some of the adjacent lands, and thereby subject themselves to prosecutions:|
|II. For the prevention whereof, and for the encouragement of so laudable and useful a design, Be it enacted by the Lieutenant-Governour, Council and Burgesses, of this present General Assembly, and it is hereby enacted by the authority of the same, That it shall and may be lawful for the same company of adventurers, or any of them, at any time, to enter upon, and have such a free passage, and make such canals, or causeways, through the lands of any person whatsoever adjacent to the said Dismal Swamp, as may be conducive to the more effectual draining thereof, without being subject to the action or suit of any such persons for the same.|
|III. Provided nevertheless, That if the proprietor of any such adjacent lands shall think himself injured thereby, he shall give notice thereof to the said company, or their agent or agents, who shall within twenty days appoint one person on their part, to join with another to be chosen by the party complaining, to consider and determine the value of such damages as shall appear to them to have been sustained by such person, which valuation shall forthwith be paid by the said company; and if the persons so appointed cannot agree in opinion as to such damages, they shall appoint a third person, whose determination shall be final.|
|I. WHEREAS it is represented to this present General Assembly by sundry inhabitants of the county of King George, that the establishing a ferry from the land of Thomas Casson, in the said county, over the river Rappahannock, to the land of Sarah Conway, opposite thereto, in the county of Caroline, would be very convenient to travellers in that neighbourhood:||Casson's ferry, over Rappahannock river, established.|
|II. Be it therefore enacted by the Lieutenant Governour Council and Burgesses, of this present General Assembly, and it is hereby enacted by the authority of the same, That a publick ferry be constantly kept from the said Thomas Casson's land over the said river to the opposite shore in the said county of Caroline, and that the rates for passing the said ferry be as follows, that is to say: For a man threepence and for a horse the same; and for the transportation of wheel-carriages, tobacco, cattle, and other beasts, the ferry-keeper may demand and take the following rates, that is to say: For every coach, chariot, or wagon, and the drive thereof, the same as for six horses; for every cart, or four-wheeled chaise, and the driver thereof, the same as for four horses; for every two-wheeled chaise, or chair, the same as for two horses; for every hogshead of tobacco, the same as for one horse; for every head of neat cattle, the same as for one horse; for every sheep, goat, hog, or lamb, one fourth part of the ferriage of one horse, according to the prices herein before settled, and no more. And if the ferry-keeper shall presume to demand or receive from any person or persons whatsoever any greater rate than is hereby allowed for the ferriage of any thing whatsoever, he shall for every such offence forfeit and pay to the party grieved the ferriage demanded and received, and ten shillings, to be recovered with costs before any justice of the peace of the said county; and the court of the said county of King George shall and may, and are hereby required, to order and direct what boat or boats, and what number of hands, shall be kept at the said ferry; and the said ferry-keeper shall enter into bond in the manner directed by an act of Assembly made in the twenty-second year of his late majesty's reign, entitled, An Act for the settlement and regulation of Ferries, and for despatch of publick expresses, and shall be subject to the penalties thereby inflicted for any neglect or omission of duty.|
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