|Pages 541-567||Pages 593-604|
| CHAP. XXXI. |
An act for dividing the parishes of Camden and Amherst, and for other purposes.
|WHEREAS it is represented to this present general assembly, by the inhabitants of the parish of Camden, in the counties of Pittsylvania and Henry, and the inhabitants of the parish of Amherst, in the county of Amherst, that they labour, under many inconveniencies by reason of the great extent thereof:|
|Be it therefore enacted by the General Assembly, That from and after the first day of February next ensuing, the said parish of Camden shall be divided into two distinct parishes by the line which divides the said counties of Pittsylvania and Henry, and that all that part of the said parish which lies in the county of Pittsylvania shall be one distinct parish, and retain the name of Camden, and that all the other part thereof shall be one other distinct parish, and be called and known by the name of Patrick; that the parish of Amherst shall be divided into two distinct parishes, in the following manner, that is to say: By a line to be run from Meggenson's warehouse, on the Fluvanna river, to Rose's mill on Piney river, thence up Piney river to the fork thereof above Lucas Powell's plantation, and thence up the north fork to the Blue Ridge, and that all that part of the said parish which lies on the lower side of the said line shall be one distinct parish, and retain the name of Amherst, and that all that part of the said parish which lies on the upper side of the said line shall be one other distinct parish, and be called and known by the name of Lexington.|| Camden parish divided, and Patrick formed. |
Amherst parish divided, and Lexington formed.
|And be it farther enacted, That the present vestries of the said parishes of Camden and Amherst, be, and the same are hereby dissolved; and that the inhabitants of each of the said parishes of Camden, Amherst, Patrick, and Lexington, respectively, shall meet at some convenient time and place to be appointed and publickly advertised by the sheriffs of the said counties before the first day of March next, and then and there elect twelve able and discreet persons, who shall be a vestry for the said parishes respectively; but the collectors of the parishes of Camden and Amherst shall have power to collect and distrain for any dues which shall remain unpaid by the inhabitants of the said parishes of Camden and Amherst at the time of the divisions taking place, and shall be answerable for the same in like manner as if this act had never been made.|
|And whereas, on the division of the said parishes of Camden and Amherst, the present glebes and the building thereon will be inconveniently situated, Be it therefore enacted, That the said glebes, with the appurtenances, be, and the same are hereby vested, that is to say, the glebe of Camden parish in William Todd, Abraham Penn, Archelaus Hughes, and William Witcher, or any three of them, and the glebe of Amherst parish in James Nevill, Hugh Rose, and Daniel Gaines, gentlemen, commissioners, or any two of them, in trust, that they shall sell and convey the same for a valuable consideration, to be bona fide received to any person or persons willing to become purchasers thereof, to hold to such purchaser or purchasers in fee simple; that the money arising from the sale of the said glebe of Camden shall be equally divided between the said parishes of Camden and Patrick, and the money arising from the sale of the said glebe of Amherst between the said parishes of Amherst and Lexington respectively, in proportion to the number of tithables in each parish; and the vestries of the said parishes respectively shall apply the money when received in the purchase of other lands for a glebe, for the use of their respective ministers for the time being for ever.||Glebes of Camden and Amherst parishes to be sold, and the money divided between those parishes and Patrick and Lexington.|
|Be it farther enacted, That whatsoever sums of money are now in the hands of the respective vestries of the said parishes of Camden and Amherst, belonging to the same, shall be divided among each new parish now to be made, and that from which it is taken, in proportion to their number of tithables.|
|WHEREAS it hath been represented to this present general assembly, that Adam Stephen, esq; hath lately laid off one hundred and thirty acres of land in the county of Berkely, where the courthouse of the said county now stands, in lots and streets for a town, and hath made sale of several of the said lots to divers persons, some of whom have since settled and built thereon, and whereas it would tend to the more speedy improvement and settling the same if the freeholders and inhabitants thereof should be entitled to the like privileges enjoyed by the freeholders and inhabitants of other towns in this state:||Town of Martinsburg in Berkeley county established.|
|Be it enacted by this present General Assembly, That the said one hundred and thirty acres of land laid out in lots and streets, agreeable to a plan and survey thereof made, containing the number of two hundred and sixty nine lots as by the said plan and survey, relation thereunto being had, may more fully appear, be, and the same is hereby vested in James M'Alister, Anthony Noble, Joseph Mitchell, James Strode, Robert Carter Willis, William Patterson, and Philip Pendleton, gentlemen, trustees, and shall be established a town by the name of Martinsburg.|
|And be it farther enacted, That the said trustees, or any four of them, shall proceed to sell such of the said lots as have not been already sold by the said Adam Stephen, at publick auction, for the best price that can be had, the time and place of sale being previously advertised for three months in the Virginia Gazette, the purchasers respectively to hold the said lots subject to the condition of building on each a dwelling-house at least twenty feet long and sixteen feet wide, with a brick or stone chimney, to be finished within two years from the day of sale; and the said trustees, or any four of them, shall, and they are hereby empowered to convey the said lots to the purchasers thereof in fee simple, subject to the condition aforesaid, and pay the money|| Lots, how disposed of. |
|arising from such sale to the said Adam Stephen, his executors, administrators, or assigns.|
|And be it farther enacted, That the said trustees, or the major part of them, shall have power from time to time to settle and determine all disputes concerning the bounds of the said lots, and to settle such rules and orders for the regalar and orderly building of houses thereon as to them shall seem best and most convenient. And in case of the death, removal out of the country, or other legal disability of any of the said trustees, it shall and may be lawful for the freeholders of the said town to elect and choose so many other persons in the room of those dead, removed, or disabled, as shall make the number; which trustees so chosen shall be to all intents and purposes individually vested with the same power and authority as any one in this act particularly mentioned.||Power of trustees, as to boundaries, &c.|
|And be it farther enacted, That the purchasers of the lots in the said town, so soon as they shall have built upon and saved the same according to the condition of their respective deeds of conveyance, shall be entitled to and have and enjoy all the rights, privileges, and immunities, which the freeholders and inhabitants of other towns in this state, not incorporated by charter, have, hold, and enjoy.||Privileges of purchasers.|
|And be it farther enacted, That if the purchaser of any lot sold by either the said Adam Stephen or the said trustees shall fail to build thereon within the time before limited, the said trustees, or the major part of them, may thereupon enter into such lot, and may either sell the same again, and apply the money towards repairing the streets, or in any other way for the benefit of the said town, or they may appropriate the said lot, or part of it, to any publick use for the benefit of the inhabitants of the said town.||Forfeited for not improving.|
|And be it farther enacted, That the said trustees shall cause the survey and plot of the said town to be recorded in the court of the said county of Berkeley.||Survey and plat to be recorded.|
|And for preventing hogs going at large in the said town of Martinsburg, Be it enacted, That if any swine belonging to the inhabitants of the said town shall be found running or going at large within the limits thereof, it shall and may be lawful for any person whatever to kill or destroy every such swine so running at large.||Hogs not to run at large,|
|Provided always, That such person shall not convert any such swine to his or her use, but shall leave the||Proviso.|
|same where it shall be so killed, and give immediate notice to the owner thereof, if known, if not, then such person shall immediately inform the next justice of the peace thereof, who may order the same to the use of any poor person or persons he shall think fit.|
|Provided also, That nothing herein contained shall be deemed or taken to hinder any person or persons from driving any swine to or through the said town or limits thereof in order to sell the same, or in their removal from one plantation to another.||Further proviso.|
|And be it farther enacted, by the authority aforesaid, That the trustees for the said town, and their successours for the time being, shall, and they are hereby authorised and empowered by that name, to sue and implead either in the court of the said county or the general court, any person or persons who shall commit a trespass on the streets of the said town or lands which may have been appropriated for the use of the inhabitants thereof. All sums of money to be recovered by virtue hereof shall be applied by the said trustees towards repairing the streets of the said town.||Power of trustees to prevent trespasses, on the streets, &c.|
|Provided always, That nothing herein contained shall be construed to affect the legal right of any person holding lands adjoining the said town.|
|WHEREAS it has appeared to this assembly, that Richard Henderson and company have been at very great expense im making a purchase of the Cherokee Indians, and although the same has been declared void, yet as this commonwealth is likely to receive great advantage therefrom, by increasing its inhabitants, and establishing a barrier against the Indians, it is therefore||Preamble.|
|just and reasonable the said Richard Henderson and company be made a compensation for their trouble and expense:|
|Be it enacted by the General Assembly, That all that tract of land situate lying and being on the waters of the Ohio and Green rivers, bounded as follows, to wit, beginning at the mouth of the Green river, thence running up the same twelve and a half miles, when reduced to a straight line, thence running at right angles with the said reduced lines twelve and a half miles on each side the said river, thence running lines from the termination of the line extended on each side the said Green river at right angles with the same, till the said lines intersect the Ohio, which said river Ohio shall be the western boundary of the said tract, be, and the same is hereby granted the said Richard Henderson and company, and their heirs, as tenants in common, subject to the payment of the same taxes as other lands within this commonwealth are, but under such limitation of time as to the settling the said lands as shall be hereafter directed by the general assembly; but this grant shall, and it is hereby declared to be in full compensation to the said Richard Henderson and company, and their heirs, for their charge and trouble, and for all advantage accruing therefrom to this commonwealth, and they are hereby excluded from any farther claim to lands on account of any settlement or improvements heretofore made by them, or any of them, on the lands so as aforesaid purchased from the Cherokee Indians.||Certain lands on the Ohio, and Green rivers, vested in Richard Henderson and company, in consideration of their expense and trouble in making a purchase from the Cherokee Indians, which has been declared void.|
|WHEREAS John Thornton, late of the county of Caroline, esq; died intestate seized and interested in fee simple of and in the following tracts of land lying in that county and Spotsylvania, to wit: His manor plantation on Rappahannock river, containing three hundred and fifty acres, a tract called Moorfield, containing four hundred and eighty acres, a tract of two hundred and ninety acres purchased of Daniel Duval, a tract called long Branch, containing eight hundred acres, a tract of about one thousand seven hundred acres lying on Mattapony river, purchased of Griffin Jones and the executors of Reuben Thornton, gentlemen, but not conveyed, and of the reversion in fee expectant on the death of Mrs. Betty Thornton, widow of the said Reuben Thornton, of and in another tract of five hundred and thirty acres lying on Mattapony river, in the said county of Caroline, purchased of Francis Thornton, but not conveyed, and was also possessed of sundry slaves and a considerable personal estate, which land and slaves descended to, and the personal estate was to be distributed between Thornton Washington, an infant, only sone and representative of Mildred, late wife of Samuel Washington, esq. one of the daughters of the said John Thornton, Mary, now the wife of brigadier general Woodford, another daughter, Betty, now the wife of John Taliaferro, jun. of Dissington, in the county of King George , esq. another daughter, and Mildred Lewis, an infant, only daughter and heir of Lucy Lewis, deceased, late wife of John Lewis of Spotsylvania, esq. another daughter of the said John Thornton.||Certain lands of the estate of John Thornton and Judith Banks, vested in trustees to be sold, and the monies laid out in purchase of other lands.|
|And whereas it is represented to this assembly that the making partition of each tract of the said land between the parceners will render the same of little value, and a division thereof by tracts would be illegal and|
|unjust from the great inequality in the value thereof, and the infancy of two of the parceners, and the said Samuel Washington, in behalf of his said son Thornton, the said John Lewis, in behalf of his said daughter Mildred, together with the said William Woodford and Mary his wife, and John Taliaferro and Betty his wife, have made application for an act to vest the said several tracts of land in trustees, to be sold, and the money for each purpart to be severally laid out in the purchase of other lands, and vested in each respective parcener: Be it therefore enacted by the General Assembly, That all the said lands of which the said John Thornton died seized in possession, together with the several parcels so contracted for and not conveyed, and for which deed shall be made to the trustees herein after named, and also the reversion in fee simple of and in the said tract of five hundred and thirty acres expectant on the death of the said Betty Thornton, widow, to be conveyed to the trustees as aforesaid, shall be, and the same are hereby vested in the hon. Joseph Jones, esq. Fielding Lewis, James Taylor, jun. and George Taylor, esquires, or the survivors of them, in trust, that they, or any three of them, shall fairly sell and dispose of the same to the best bidder, and convey the lands to the purchaser or purchasers in fee simple, who shall from thenceforth hold and enjoy the same free from the claim of the said Thornton Washington, William Woodford, and Mary his wife, John Taliaferro, and Betty his wife, and Mildred Lewis, or either of them, or their heirs, for ever.|
|And whereas Judith Banks, late of Caroline county, deceased, by her last will and testament amongst other things directed, that her houses and four lots which she lived on should be rented or sold as her executors should think most for the advantage of Walker Randolph Carter and Charles Landon Carter, and of her said will appointed Charles Carter of Ludlow, Charles Carter of Corotoman, Joseph Jones of King George, John Hill Carter, and George Carter, esquires, executors of the said will, the two last of which executors are infants under age, and all the other executors have refused to qualify, except Charles Carter of Ludlow, esq; father of the said Walker Randolph Carter and Charles Landon Carter, who proved the will, took upon him the burthen of the execution thereof, and sold the said houses and lots for the benefit of his said children the devisees, but|
|as two of the executors are infants under age, and the others have refused to qualify, no deed can be legally made to the purchaser, it is necessary to appoint trustees to convey a legal title to the purchaser, Be it therefore enacted by the General Assembly, That the said lots and houses of which the said Judith Banks died seized in possession, shall be, and are hereby vested in the hon. Joseph Jones, esq; John Taliaferro, John Skinker, and Francis Taliaferro, esquires, survivor or survivors of them, in trust, that they, or any three of them, shall convey the said lots and houses to John Victor, who shall thenceforth hold the said lots and houses in fee simple, and enjoy the said lots and houses free from the claim of the said Walker Randolph Carter and Charles Landon Carter, or either of them, or their heirs, for ever.|
|The said trustees for the said Thornton's lands, or three of them, and the said trustees for the said Banks's lots, or the survivor or survivors of them, shall render an account of such sales to the county court of Caroline, and shall fairly lay out the money, that is to say, the said trustees for the said Thornton's lands, or any three of them, shall lay out the money which shall come to their hands by equal fourth parts in the purchase of lands for each parcener, the purchases for the purparts of the said Thornton Washington and Mildred Lewis to be made with the approbation of their respective fathers, and conveyed to the said Thornton and Mildred and their several heirs on the part of their mothers, and the purparts of the said Mary Woodford and Betty Taliaferro to be severally conveyed to them and their heirs, and the said trustees for the said Banks's lots and houses, or the survivor or survivors of them, shall lay out the money which shall come to their hands by two equal parts in the purchase of lands for them the said Walker Randolph Carter and Charles Landon Carter, to be by them held as tenants in common fee, which last mentioned purchases shall be made with the approbation of their father the said Charles Carter of Ludlow; an account of which purchases shall also be stated and returned to the county court of Caroline. Saving to all persons and bodies, politick or corporate, their heirs or successours, other than the said Thornton Washington, William Woodford, and Mary his wife, John Taliaferro, and Betty his wife, and Mildred Lewis, or those claiming under them, and other than the said Walker|
|Randolph Carter and Charles Landon Carter, or those claiming under them, all such right or title as they or any of them would have had in or to the said lands if this act had never been made.|
An act for vesting certain escheatable lands in trustees, and for other purposes.
|WHEREAS it hath been represented to this present general assembly, that Bryan Obanion, late of the county of Fauquier, died seized in fee of two hundred and fifty seven acres of land lying and being in the county of Berkeley, adjoining the lands of Tully M'Kenney and major general Charles Lee, and that the said Bryan Obanion did by his last will and testament devise the same in taille to Aaron and Frances Johnston, or the survivor of them, they being natural children of the said Bryan Obanion, and that the said Frances died an infant, whereby the said Aaron Johnston became possessed of an estate taille in the whole of the said lands; and whereas by the operation of an act of assembly intituled "An act declaring tenants of lands or slaves in taille to hold the same in fee simple," the said Aaron became tenant in fee simple thereof, and died without issue intestate, whereby the said lands became escheated, and it is just and reasonable that the heirs of the said Bryan Obanion should be benefitted thereby, Be it therefore enacted, That from and after the passing of this act the said two hundred and fifty seven acres of land, with the appurtenances, be, and the same is hereby vested in James Nourse, Thomas Rutherford, and Thomas Hite, gentlemen, or any two or more of them, in fee simple in trust, who shall sell the same to any person or persons who shall be willing to purchase for the best price that can be got, all and singular the premises with the appurtenances hereby vested in them, and every part and parcel thereof, and||Lands of Bryan Obanion, escheated to the commonwealth, to be sold.|
|shall and may execute all deeds and conveyances necessary in the law for assuring unto such purchaser or purchasers a good estate in fee simple in the lands above mentioned; and such purchaser or purchasers shall for ever thereafter peaceably enjoy the lands and appurtenances so purchased to them, their heirs, and assigns, for ever. And the said trustees shall pay the money arising from such sale, after deducting the necessary charges they shall be at about the same, in the following manner, to wit: One fifth part thereof to William Obanion, sen. one fifth part to Samuel Obanion, one fifth part to the legal representative of John Obanion, deceased, they being sons of the said Bryan Obanion, deceased, one fifth part thereof to the legal representative of Catharine Hite, late the wife of Jacob Hite, deceased she being a daughter of the said Bryan Obanion, deceased, and the remaining fifth part thereof to Elias Edmonds and Elizabeth his wife, she being only daughter of Mary Miller, who was also a daughter of the said Bryan Obanion.|| |
Proceeds of sale, how distributed.
|Provided nevertheless, Nothing herein contained shall be construed so [to] affect the right of any person to traverse the escheat of said land.|
An act for altering the place of holding courts in the county of Princess Anne.
|FOR altering the place of holding courts in the county of Princess Anne, Be it enacted, That the justices of the said county shall, as soon as may be, cause to be built a courthouse, prison, pillory, and stocks, at some convenient place at Kemp's Landing; and, after such buildings shall be completed, a court of the said county shall be constantly held at such place. But the justices shall and may in the meantime hold their sessions in such house at the said Kemp's Landing as they, or a majority of them, shall appoint.||Court house of Princess Anne removed.|
| CHAP. XXXVII. |
An act to enlarge the powers of the trustees of the town of Manchester.
|BE it enacted by the General Assembly, That the trustees for the town of Manchester, in the county of Chesterfield, and their successours for the time being, shall, and they are hereby authorised and empowered by that name, to sue and implead either in the court of the said county or the general court, any person or persons who shall commit a trespass on the streets of the said town or lands which may have been appropriated for the use of the inhabitants thereof.||Powers of trustees of town of Manchester enlarged, so as to prevent trespasses on streets, &c.|
|All sums of money to be recovered by virtue of this act shall be applied by the said trustees towards repairing the streets of the said town, or erecting wharfs, and improving the publick landings within the same:|
|Provided always, That nothing herein contained shall be construed to affect the legal right of any person holding lands adjoining the said town.|
|WHEREAS by an act of general assembly passed in the year one thousand seven hundred and seventy six, intituled "An act for exempting the different societies of dissenters, and for other purposes therein mentioned," reciting, that by the exemptions allowed dissenters it might be too burthensome in some parishes to the members of the established church if they should still be compelled to support the clergy by certain fixed salaries, and that it was judged best that this should be done for the present by voluntary contributions, it||Salaries of clergy of Church of England, further suspended.|
|was enacted, that so much of an act of general assembly made in the twenty second year of the reign of king George the second, intituled "An act for the support of the clergy, and for the regular collecting and paying the parish levies," or any other act as provided salaries for the ministers, and authorised the vestries to levy the same, except in the cases in the same act of one thousand seven hundred and seventy six before directed, should be suspended until the end of the then next session of assembly, which said act was farther suspended by several other acts until the end of this present session of assembly, and it is reasonable that the same suspension should be farther continued:|
|Be it therefore enacted by the General Assembly, That so much of the said act as was so suspended by the above recited act of one thousand seven hundred and seventy six, shall be farther suspended until the end of the next session of assembly.|
|WHEREAS it is represented to this general assembly, that the act intituled "An act to oblige the owners of mills on the river Rappidan to make openings or slopes in their mill dams for the passage of fish," hath been found not to answer the purposes for which it was intended, Be it therefore enacted by the General Assembly, That the said act shall be, and the same is hereby repealed.||Act compelling owners of mills on Rappidan to make slopes, for passage of fish, repealed.|
|WHEREAS it hath been represented to this present general assembly, that the days appointed for holding courts in the counties of Pittsylvania, Botetourt, and Henry, are inconvenient to the justices and others who are obliged to attend the said courts:||Court days of Pittsylvania, Botetourt, and Henry altered.|
|Be it therefore enacted by the General Assembly, That from and after the last day of February next the court of the said county of Pittsylvania shall be held on the third Tuesday in every month, the court of the said county of Botetourt shall be held on the second Thursday in every month, and the court of the said county of Henry shall be held on the fourth Thursday in every month, any law, custom, or usage to the contrary in any wise notwithstanding.|
|[See ante ch. XXX.]|
|WHEREAS it is justly to be apprehended, from the scarcity and dearness of the several articles directed to be furnished to the officers and soldiers of the Virginia troops on continental establishment, or in continental service, intituled "An act to enable the officers of the Virginia line, and to encourage the soldiers of the same line, to continue in the continental service." that the said recited act cannot be carried fully into execution||Act of this session, for presenting six months pay to officers and soldiers and furnishing them with groceries at stipulated|
|without greatly distressing the publick treasury, Be it therefore enacted by the General Assembly, That until the meeting of the next session of assembly, the governour and council shall carry the said act into execution, so far only as in their discretion it shall appear practicable to be done, without too great distress and injury to the commonwealth.||prices, to be carried into effect so far only as the state of the treasury will permit.|
|WHEREAS by an act of general assembly passed in the year one thousand seven hundred and seventy seven, intituled "An act to prevent forestalling, regrating, engrossing, and publick vendues," it was enacted, that if any person should buy within this commonwealth to sell again in this or any of the United States, any victual raised within this state, except such purchase was from the original owner or maker thereof, he should be declared an engrosser; under cover of which exception a practice hath prevailed of buying up great quantities of victual from those who make and raise the same, and withholding it from the poor and from the publick, until they have agreed to give a very advanced price for ths same, which practice is found to be mischievous and oppressive:||Preamble.|
|Be it therefore enacted by the General Assembly, That if any person shall buy within this commonwealth to sell again in this or any of the United States, any victual raised within this state, he is hereby declared an engrosser, and as such shall be subject to the pains and penalties inflicted by the said act on engrossers; but this act shall not extend to the managers of any iron works purchasing victual necessary for the use of those employed about such iron works, and selling them to such persons, nor to ordinary keepers purchasing victual to be retailed in their ordinaries, or persons keeping|| Engrosser, further defined. |
|private houses for lodging or entertainment, who may buy any kind of victual and retail the same in their respective houses after it is prepared and dressed for the table, nor to persons purchasing wheat to grind into flour, nor to bakers purchasing live stock and retailing the same after slaughter, nor to brewers purchasing barley and converting the same into beer.|
|And it is also enacted, That so much of the same act as prohibits the sale of any articles, except such as are therein excepted at publick vendue, shall not be construed to extend to the sale of any vessel whether for sea or inland navigation.||Further exceptions.|
|And the more effectually to enforce the said act to prevent forestalling, regrating, engrossing, and publick vendues, and also so much of this act as is herein before contained, the same shall be particularly given in charge to all grand juries, and it shall be made a part of their oath specially that they will present all offences against the same coming to their knowledge; which presentments shall be tried in a summary way by a jury to be empannelled and charged at the next court, unless the said court, for very good cause to them shewn, shall continue the same.||Acts to prevent forestalling, &c. to be given in charge to grand juries.|
|And where any person hath heretofore bought within this commonwealth, to sell again in this or any of the United States, any victual raised within this state, the same shall be subject in his hands to seizure in the same manner, for the same time and purposes, and under the same conditions and directions as victual in the hands of forestallers, regraters, and engrossers, in directed to be seized by an act of general assembly passed at this present session, intituled "An act to enable the governour and council to supply the armies and navies of the United States and of their allies with grain and flour."||Provisions bought to sell again liable to seizure.|
|And whereas by an exception in the said act for preventing forestalling, regrating, engrossing, and publick vendues, it was provided that the said at should not extend to any agent of this commonwealth, or of the United States, or any of them purchasing necessaries really and bona fide for the use of the army or navy, and not dealing in such articles on account of himself or any other private persons; and moreover many good people of this commonwealth are disposed to sell their victual cheaper when for the use of the armies or navy||Punishment of those pretending to be agents for this state, or the United States, in order to evade the law.|
|of these states than when for the use of private individuals, certain persons thereupon intending to pervert to their own gain the purposes of the said exception, and the disposition of the good people of this commonwealth have feigned themselves to be agents for the United States, or some one of them, when in truth they were not, and in that character have engrossed great quantities of victual at low prices, and sold the same high to their own great and unrighteous profit, and to the oppression of the people of these states, Be it therefore enacted, That if any person pretending to be an agent of this commonwealth, or of the United States, or any of them, for the purchase of victual, shall buy within this commonwealth any victual raised therein, and shall refuse or omit to produce to any citizen of the same sufficient proof whenever called for by such citizen of his acting under authority from the United States, or some one of them, it shall be lawful for such citizen, and all others, forthwith to apprehend and carry him before any justice of the peace, or for any justice of the peace to apprehend or cause him to be apprehended in the first instance, whereupon if he still refuse or omit to produce such proof, he shall by the said justice be committed to jail without bail or mainprise, there to remain until the next court to be held for the county, when a jury shall be empannelled and charged to try whether he pretended himself to be such publick agent, and whether in truth he was so, and if they find that he did so pretend, and it shall not appear to them that he was in truth such an agent, he shall be adjudged to forfeit all the victual he shall have bought under such feigned character, and to be imprisoned one month, counting as a part thereof the time he shall have remained in close jail before judgment rendered; such forfeiture to enure, the one moiety to him who shall have apprehended the offender, the other to the vestry of the parish for the use of the poor thereof.|
|This act shall continue in force until the first day of November next.|
|SOUND policy requiring, and the necessities of the fleets and armies of the United States, and the squadrons of our faithful allies, demanding the utmost exertions of this commonwealth for the supplying them with provisions, and there being but little prospect of procuring a competency for this purpose unless they can be wrested out of the hands of the forestallers and engrossers, who have purchased up great quantities of flour and grain in this state:||Preamble.|
|Be it therefore enacted by the General Assembly, That it shall be lawful for the governour, by and with the advice of the council, and he is hereby authorised and empowered, to commission such and so many persons as he shall judge proper to seize upon and take for the use of the United States all grain and flour that shall be deemed necessary for the support of the American armies and navies, and the French squadron, that may have been or shall hereafter be purchased up by any forestaller, engrosser, or monopoliser, paying for the same such prices as shall be allowed therefor by three reputable freeholders within the county wherein the same shall be seized, they being first sworn by some magistrate in the said county to value and appraise the same according to their best skill and judgment.||Agents appointed, to seize a sufficiency of grain and flour, for the American army & navy and the French squadron.|
|And to enable such persons, commissioned as aforesaid, to carry this act fully into execution, Be it farther enacted, That where any forestaller, engrosser, or monopoliser, shall refuse to deliver up his grain or flour, on complaint thereof made to any justice of the peace in the county where such grain or flour is or shall be purchased up, it shall be lawful for the said justice, and he is hereby required, to issue his warrant, directed to the sheriff or any constable in the said county, empowering either of them to break open in the day time any house or houses where such grain or flour shall be stored.||In what cases, & how doors may be broken.|
|And be it farther enacted, That any person against whom an action may be commenced, for what he shall||Indemnification.|
|lawfully do in the execution of this act, may plead the general issue, and give this act in evidence; and if a verdict be found, or a judgment be given for him, he shall recover double costs.|
|This act shall continue and be in force until the end of the next session of assembly, unless the governour, with the advice of the council, shall, by proclamation, declare that the publick wants are sufficiently provided for, and no longer.|
|[Chan. Rev. pa. 88.]|
|I. WHEREAS it is represented to this present general assembly, that publick ferries at the places hereafter mentioned will be of advantage to the travellers and others, Be it therefore enacted by the General Assembly, That publick ferries be constantly kept at the following places, and the rates for passing the same shall be as follows, that is to say: From the land of the earl of Tankerville, in the county of Loudoun, (at present in the tenure of Christian Slimmer) across Potowmack river to the opposite shore in the state of Maryland, the price for a man eight pence, and for a horse the same; from the land of Thomas Noland, in the county of Loudoun, across Potowmack river to the land of Arthur Nelson in the state of Maryland, the price for a man eight pence, and for a horse the same; from the land of John Ward, in the county of Bedford, over Staunton river to the land of the said Ward on the opposite shore, the price for a man sixpence, and for a horse the same; from the land of Nicholas Davis, near the mouth of Battery creek, in the county of Bedford, over the Fluvanna river to the land of the said Davis on the opposite shore, the price for a man sixpence, and for a horse the same; from the land of John Owens, in the county of Pittsylvania, over Dan river|| New ferries established. |
|to the land of Silvester Adams on the opposite shore, the price for a man sixpence, and for a horse the same; and for the transportation of wheel carriages, tobacco, cattle, and other beasts, at any of the places aforesaid, the ferry-keeper 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 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, 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 fourth part of the ferriage for one horse, according to the prices herein before settled at such ferries respectively, and no more. And if any ferry-keeper shall presume to demand or receive from any person or persons whatsoever, any greater rates than is hereby allowed for the carriage or ferriage of any thing whatsoever, he or they for every such offence shall forfeit and pay to the party grieved the ferriages demanded or received, and ten shillings, to be recovered with costs before any justice of the peace of the county where such offence shall be committed.|| Penalty for exceeding legal rates. |
|II. And whereas the publick ferry from the land of Josias Clapham, in the county of Loudoun, across Potowmack river to he opposite shore in the state of Maryland, hath been found inconvenient, Be it therefore enacted, That the said ferry shall henceforth be discontinued.||A ferry discontinued.|
|III. And whereas it is represented to this present general assembly, that from the many rivers and creeks making into and running through the county of Southampton, the inhabitants thereof are obliged to erect and support such a great number of bridges, and the expense thereof is become so burthensome that they cannot longer support and keep the same in repair by the ordinary course provided by the laws, unless some provision be made for raising money to be applied for that purpose, and the said inhabitants have petitioned this assembly that a turnpike or toll gate may be erected on the bridge (so soon as the same shall be finished) now building over Nottoway river near the courthouse of the said county, Be it therefore enacted by the General Assembly, That the justices of the court of the said county of Southampton, and their successours for ever, shall||Justices of Southampton, authorised to erect toll bridges over Nottoway river.|
|be, and they are hereby nominated and appointed trustees for the purposes following, that is to say: that they and their successours, or any four or more of them, or such person or persons as they or any four or more of them shall authorise and appoint for that purpose, shall and may build, erect, or cause to be built or erected, a turnpike or gate across any part of the bridge so to be built over the said river Nottoway, and also a toll house at or as near the same as may be, and shall and may demand and take the following tolls or duties before any person or persons shall be admitted to pass through the said gate, that is to say, for a man six pence, and for a horse the same, and for the passage of wheel carriages, tobacco, cattle, and other beasts, through the said gate, there shall be paid the following tolls or duties, 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 wheeled chaise the same as for four horses, for every two wheeled chaise or chair the same 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 toll for one horse, and no more. If any person or persons appointed to receive the said tolls or duties shall presume to demand or receive from any person whatsoever, any greater tolls or duties than is hereby allowed for the passage of any thing whatsoever, he or they for every such offence shall forfeit and pay to the party grieved the tolls or duties than is hereby allowed for the passage of any thing whatsoever, he or they for every such offence shall forfeit and pay to the party grieved the tolls demanded or received, and twenty shillings, to be recovered with costs before any justice of the peace of the county of Southampton.|| |
Penalty for exceeding legal rates.
|IV. And be it farther enacted, That the money arising from the said tolls or duties shall be applied by the said trustees, or any four of them, towards paying the expense of erecting, building, amending, and keeping in repair, a bridge over the said river, a turnpike, toll house, paying the wages of such person as they or any four of them shall from time to time under their hands and seals nominate and appoint to receive the said tolls or duties, and the residue thereof, shall be applied towards lessening their county levy. And the said trustees, or any four or more of them, at their fist or any succeeding court after the said bridge shall be built, shall choose and appoint a fit person to be receiver of|| Tolls, how appropriated. |
Receiver of tolls, how appointed.
|the tolls and duties aforesaid, who shall, before he undertakes the execution thereof, enter into bond and security, payable to the said trustees, or any four or more of them, in the penalty of one hundred pounds with condition that he will duly attend at such turnpike, and faithfully account for and pay half yearly all tolls or duties which he may have received. And if any receiver shall neglect or refuse to render such account upon oath, and pay the money, it shall and may be lawful for the court of the said county of Southampton to give judgment against him for the penalty of his bond, provided such receiver have ten days previous notice thereof; which judgment may be discharged by the receiver's accounting for and paying all the money arising from the tolls and duties to the time of entering such judgment. The said trustees, or any four or more of them, shall have power from time to remove any receiver of the tolls and appoint others in their stead.||Remedy against, for failing to pay.|
An act for speedily recruiting the Virginia regiments on continental establishment.
|WHEREAS the different modes heretofore adopted for the making up the deficiencies in the quota of continental troops to be furnished by this state have been found inadequate to the purpose, and it is indispensably necessary that the regiments of infantry be speedily recruited, to render the operations of the ensuing campaign more decisive and honourable to the American arms:||Preamble.|
|Be it enacted, That two thousand two hundred and sixteen men rank and file be forthwith raised within this commonwealth, and that each person who will enlist to serve eighteen months, to commence from the day of their general rendezvous, shall be entitled to three hundred dollars, and that each person who will enlist for three years, or during the war, shall be entitled to|| Additional forces to be raised. |
Bounty, for 18 months men.
|four hundred dollars, together with the continental bounty of lands, and shall be entitled to receive the pay and rations which are allowed to soldiers in the continental army from the day of their enlistment, and shall be furnished annually, at the publick expense, with the following articles, a coat, waistcoat, and breeches, two shirts, one hat, two pair of stockings, one pair of shoes, and a blanket, to be delivered for the first year at the place of general rendezvous, before the deliver of which necessaries they shall not be obliged to march out of this commonwealth.|| For three years or during the war, together
with continental land bounty. |
|And be it farther enacted, That all soldiers who may be disabled in the service shall be entitled to receive full pay during life, to commence at the time of their discharge, and if any of them lose their lives in the service, either by sickness or in the field, the same provision shall be made for their widows and indigent parents as has heretofore been made for others in similar situations.|| Pensions, full pay for life.
Pensions to widows.
|And be it farther enacted, That the several counties within this commonwealth, and the city of Williamsburg, except the county of Ilinois, shall each of them furnish, on or before the first day of May next, one twenty fifth man of their militia respectively.||Each county except Ilinois, to furnish one twenty-fifth of their militia.|
|And for the more speedy and certain mode of raising the said men, Be it enacted, That the county lieutenant or commanding officer of each county within this commonwealth, so soon as he is certified of this act, shall summon the four senior justices, not being field officers, and the field officers of his county, to meet at such convenient time and place in the said county as he shall appoint, within not less than five nor more then twenty days after due notice thereof to them given, which said justices and field officers, or in the absence of any of them any two or more of the said justices, and any two or more of the said field officers, having first taken an oath to be administered by the senior justice to the other members, and by some one of the other justices to him, to do equal and impartial justice to the best of their judgment therein, shall with the assistance of the captains or commanding officers of the several militia companies (who are hereby required to attend such meeting with the muster roll of their respective companies) proceed to lay off and divide the county and militia into as many separate districts and divisions as the number of men required from the county by this||Counties to be laid off into districts and each districe to furnish a man.|
|act, each of which districts shall be required to furnish and deliver to the county lieutenant or commanding officer of the county one able bodied man to serve for one of the aforesaid periods of time.|
|And be it farther enacted, That if any county or district, or districts within a county, shall, by voluntary enlistment, raise the number of men as directed by this act, such county or district shall not be liable to be called out of their respective counties, except in case of invasion or insurrection, until the counties or districts that have not raised their men have first performed a tour of duty. Provided, that every person enlisted as aforesaid shall have his election to serve in any company of the Virginia regiments in continental service, in which there may be room for their admission. And every soldier enlisted to serve eighteen months, who shall afterwards enlist to serve for three years, or during the war, in any of the said regiments, shall receive such a sum as, with the bounty before paid him, shall be equal to the bounty granted for the period he may so enlist.|| Encouragement for voluntary enlistments. |
For eighteen months men to enlist for three years, or the war.
|And that the commanding officer of the militia may be enabled to have the men forthcoming when called for, it shall be lawful for him to restrain them, by furlough, to such limits as he shall think reasonable; and if any of them shall depart from such limits, or shall fail to appear at any rendezvous by him appointed, they shall be deemed deserters, and treated accordingly. And the commanding officer of the militia shall transmit one list of the names of such soldiers enlisted in his county to the governour, and one other list to the commanding officer of the continental troops in this commonwealth, without delay, to whose order they shall be delivered by the commanding officer of the militia at the courthouse of his county.||How men restrained for service.|
|And that the men so raised may be more speedily collected and marched to camp, Be it enacted, That the governour or chief magistrate do request the commander in chief of the American army to order into this state one general or field officer, who may appoint a place of general rendezvous, and give such order or orders as he may see cause in collecting the men as they are raised, and marching them to the grand army; and that he also may be requested to order so many other officers to transact this necessary business as he may think fit, to the end there may be a sufficient number||General rendezvous, how appointed.|
|to receive the men raised from the county lieutenant or commanding officer at the courthouse of each county.|
|Every county lieutenant or commanding officer of a county, failing to summon the field officers and magistrates, as is herein before directed, shall forfeit and pay the sum of five hundred pounds, and every field officer and magistrate being summoned and failing to attend, except prevented by sickness or other disability, shall forfeit and pay the sum of two hundred pounds, to be recovered with costs in the court of the county where such delinquent resides, by action of debt or information, one half to the informer, and the other to the use of the commonwealth.||Penalties for failing to execute this act.|
|And in order that the bounties intended to be given to the men raised by this act, may be in due time paid, and the expense incurred for their maintenance within the several counties in which they are raised may be immediately defrayed, the governour shall be, and he is hereby empowered, to grant warrants on the treasurer of this commonwealth for such sums as he shall judge necessary for those purposes, to be forwarded by such responsible persons as the governour, with the advice of the council, shall approve of, payable to the county lieutenant or commanding officer of each county respectively, who shall give bond with sufficient security to the commonwealth, to be taken by the person so forwarding the same, and render to the auditors of publick accounts a full and true state of all disbursements made in pursuance of this act, which being by them passed, the treasurer is hereby directed to grant an acquittance for the sums contained therein; and the said auditors shall charge in the account of this commonwealth against the United States of America so much thereof as shall have been expended, in the maintenance of the men while remaining in the respective counties in which they were raised, and the continental bounty.||Bounties & expenses how paid.|
|And whereas many counties in this commonwealth, from various causes, failed to furnish their quota of men as directed by an act of assembly passed in the year 1777, intituled "An act for more speedily recruiting the Virginia regiments on continental establishment, and for raising additional troops of volunteers," either by failing to draught their militia pursuant to the said recited act, or neglecting to secure their draughts and forward them to the service, Be it enacted, That every||Counties heretofore failing to furnish their quotas, to make good the deficiency.|
|county which hath failed to draught their militia pursuant to the said act shall raise and make good such deficiency, over and above the number of men to be raised by virtue of this act, by pursuing the mode directed by the said recited act. Every county lieutenant, or the commanding officer of each county, at the time the said draught was made, shall, on or before the tenth day of May next, transmit to the governour a return of all the men draughted, or substitutes, by virtue of the said recited act, specifying to what continental officer they were delivered, how many and which of them had previously deserted, with the proper proofs of such delivery or desertion respectively, that the same may be laid before the next session of the general assembly for their farther order therein, under the penalty of two hundred pounds, to be recovered for the use of the commonwealth, by action of debt or information in any court of record.|| |
Penalty for neglect.
|Provided nevertheless, That no apprentice, hired servants under written contracts, at the time of passing this act, at any iron works, who have twelve months to serve, or persons solely employed in manufacturing fire arms, not having leave in writing from his master or mistress, or the owner or manager of such works, imported servants, or such servants as are obliged to serve to thirty one years of age, shall be taken or received as a soldier under this act.||Who may not be enlisted.|
END OF NINTH VOLUME.
|Pages 541-567||Pages 593-604|