|Pages 89-110||Pages 131-152|
|WHEREAS by an act of general assembly, passed in the year one thousand seven hundred and seventy six, entitled "An act for exempting the different societies of dissenters, and for other purposes therein mentioned;" it was enacted that so much of an act of assembly made in the year one thousand seven hundred and forty eight, entitled "An act for the support of the clergy, and for regular collecting and paying the parish levies," or any other act providing salaries for the ministers, and authorizing the vestries to levy the same, except as in the cases excepted by the said act, was suspended until the end of the then next session of assembly; which said act hath been farther suspended by several other acts until the end of this session of assembly, and it is judged reasonable that the said suspension should be farther continued: Be it therefore enacted by the General Assembly, That so much of the said act entitled "An act for the support of the clergy, and for the regular collecting and paying the parish levies," as was suspended by the act of 1776, shall, and is hereby declared to be farther suspended until the end of the next session of assembly.||Salaries of ministers of church of England further continued.|
|BE it enacted by the General Assembly, That the act of assembly, passed in the year one thousand seven hundred and seventy eight, entitled "An act to prohibit the distillation of spirits from corn, wheat, rye, and other grain for a limited time," be, and the same is hereby repealed.||Act prohibiting distillation of spirits from grain repealed.|
|WHEREAS it is represented to this present general assembly by the inhabitants of the parish of Fluvanna, in the county of Fluvanna, that by a late division of the parish of Saint Anne, in the county of Albemarle, the glebe lands and improvements which belonged to the parish of Saint Anne before the division, now remain in the said parish of Saint Anne, and it is just and right that the inhabitants of the said parish of Fluvanna should receive their proportionable part of the value thereof: Be it therefore enacted, That the said glebe with the appurtenances, be, and the same is hereby vested in Thomas Napier, George Thomson, John Cole, and John Harris, or any three of them in trust, that they sell and convey the same for a valuable consideration to be bona fide received to any person or persons willing to become purchasers||Glebe of parish of St. Anne, in Albemarle to be sold, and money divided between parishes of St. Anne & Fluvanna.|
|thereof, to hold to such purchaser or purchasers in fee simple; that the money arising from such sale shall be equally divided between the said parishes of Saint Anne and Fluvanna, 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.|
|I. BE it enacted by the General Assembly, That every delegate hereafter to be chosen to represent this commonwealth in congress, shall before he departs this state, take the following oath or affirmation, to be administered by any member of the privy council, or justice of the peace within this commonwealth, to wit: "I A. B. do solemnly wear (or affirm) that I am not directly or indirectly engaged in any merchandize, either foreign or domestick, except for commodities of my own grown or manufacture; and that I will not engage in any such merchandize so long as I continue a delegate in congress. So help me God."||Delegates to congress restricted from engaging in trade.|
|II. And be it farther enacted, That each of the delegates heretofore chosen, and now representing this state in congress, shall take the said oath or affirmation, which shall be administered to them by any one of the delegates hereafter to be chosen, he having previously taken the said oath or affirmation.||Their oath, to that effect.|
|FOR adding part of the county of Augusta to the county of Monongalia: Be it enacted by the General Assembly, That all that part of the said county of Augusta that lies to the north west of the following lines, to wit: Beginning at the dividing ridge between the waters of Elk and little Kenhawa rivers, and running thence till it intersects the ridge between the western fork of Monongalia and Elk river, thence with the said dividing ridge to the ridge dividing the waters of Tygers Valley and Buchanan prongs of the Monongalia, thence with the said ridge to the old line on the ridge, thence with the said ridge to the old line on the ridge between the waters of Tygers Valley prong and those of Cheat river, and thence with the said ridge that divides Cheat river and the waters of Potowmack shall be added to, and made part of the county of Monongalia.|| |
Part of the county of Augusta added to Monongalia.
|Provided always, That nothing herein contained shall be construed to hinder the sheriff or collector of the said county of Augusta from collecting and making distress for any levies, taxes, or officers fees which may be due and unpaid by the inhabitants thereof, but such sheriff or collector may collect and distrain for the same, and be answerable for them in like manner as if this act had never been made.|
|Provided also, That nothing herein contained shall be construed to hinder the court of the said county of Augusta from laying their respective levies for this present year upon that part of the inhabitants of the said county hereby added to the said county of Monongalia, and that the sheriff of the said county of Augusta shall collect and account for the same in like manner as if this act had never been made.|
| CHAP. XLIV. |
An act for the manumission of a certain Slave.
|WHEREAS a negro man slave named Kitt, the property of a certain Hinchia Mabry of the county of Brunswick, hath lately rendered meritorious service to this commonwealth, in making the first information and discovery against several persons concerned in counterfeiting money, whereby so dangerous a confederacy has been in some measure broken, and some of the offenders have been discovered and brought to trial; and it is judged expedient to manumit him for such service; Be it therefore enacted by the General Assembly, That the said Kitt be, and he is hereby declared to be emancipated and set free; any law or usage to the contrary notwithstanding. And it is farther enacted, That the treasurer of this commonwealth may, and he is hereby required to pay to the said Hinchia Mabry, on producing the auditors warrant, which they are hereby directed to grant, the sum of one thousand pounds out of the publick treasury, as a full compensation for the said slave.||Kitt, a slave, the property of Hinchia Mabry emancipated, for his meritorious services, in discovering counterfeiters of money.|
An act concerning escheators.
|[From Revised Bills of 1779, chap. XXIV. p. 22. −− Chan. Rev. p. 106.]|
|I. BE it enacted by the General Assembly, That there shall be one escheator commissioned in every county by the governour, on recommendation from the court of the same county, except the counties in the Northern Neck, who shall execute his office in proper person, and not by deputy; and shall before the court of the county be bound in the penalty of two thousand pounds with security, to be approved by the same court, duly to perform the duties of his said office. The said escheator shall sit in convenient and open places, and shall take his inquests of fit persons, who||Escheators, except in Northern Neck, how appointed.|
|shall be returned and empannelled by the sheriff of the county, and shall suffer every person to give evidence openly in their presence to such inquest; and the said inquisition so taken, shall be by indentures, to be made between the said escheator and them of the inquest, whereof the counterpart, sealed by the escheator, shall remain in the possession of the first person that shall be sworn in the said jury, and by him shall be returned to the court of the same county, there to be recorded; and the other part, sealed by the jurors, shall by the escheator be sent into the general court within two months after the inquest taken; and if it be found for the commonwealth, and there be any man that will make claim to the lands, he shall there by heard without delay on a traverse to the office, monstrans de droit, or petition of right; and the said lands or tenements shall be committed to him if he shew good evidence of his right and title, to hold until the right shall be found and discussed for the commonwealth, or for the party finding sufficient surety to prosecute his suit with effect, and to render and pay to the commonwealth the yearly value of the lands, if the right be discussed for the commonwealth. No lands or tenements seized into the hands of the commonwealth, upon such inquests taken before escheators, shall be in any wise granted, nor to farm let to any if it be not to him or them which claim as is aforesaid, till the same inquests and verdicts be fully returned into the general court, nor within twelve months after the same return, but shall entirely and continually remain in the hands of the escheators, who shall answer to the commonwealth the issues and profits yearly coming of the said lands and tenements, without doing waste or destruction. If no person within the twelve months before mentioned make claim to the lands or tenements so seized, or claim being so made, if it be found and discussed for the commonwealth, the clerk of the general court shall, within two months thereafter, certify to the escheator of the county wherein the lands lie, that no claim hath been made, or that being made, it hath been discussed for the commonwealth; which escheator shall thereupon proceed to make sale of the land for the benefit of the commonwealth, to him who will give the most, after one month's publick notice of the time and place of doing the same;|| How to take inquests. |
Traverse, monstrans de droit, petition of right.
How long lands to remain in hands of escheator before granted.
Duty of clerk of general court to certify to escheator.
Escheated lands when sold.
|and shall certify the purchaser and price to the register of the land office, who on receiving a certificate that such price hath been paid into the treasury, shall have a grant executed to the purchaser in such manner as by law directed in the case of unappropriated lands. Where any person holds lands or tenements for term of years, or hath any rent, common office fee, or other profit, apprehender* of any estate of freehold, or for years, or otherwise out of such lands or tenements, which shall not be found in such office or inquisition, such person shall hold and enjoy his lease, interest, rent, common office fee, and profit, apprehender in manner as if no such office or inquisition had been found, or as if such lease, interest, rent, common office, or profit, apprehender hath been found in such inquisition. Also if one person or more be found heir by office or inquisition in one county, and another person be found heir to the same person in another county; or if any person be untruly found lunatick, ideot, or dead; or where it shall be untruly found that any person attainted of treason or felony is seized of any lands, tenements, or hereditaments, at the time of such treason or felony committed, or any time after, whereunto any other person hath any just title or interest of any estate or freehold, the person grieved by such office or inquisition, may have his traverse or monstrans de droit to the same, without being driven to any petition of right, and proceed to trial therein, and have like remedy and restitution upon his title found or judged for him therein, as in other cases of traverse upon untrue inquisition found.|| |
Particular interests in lands escheated, how secured.
Remedy in cases of inconsistent, or untrue inquests.
|* So in the original, and Chan. Rev. but it is a mistake. It should be "apprender," as in the Revised Bills of 1779.|
| CHAP. XLVI. |
An act giving salaries to certain officers of government.
|BE it enacted, That the several officers herein after mentioned shall, for their respective services, be entitled to the following salaries, to be paid out of the publick treasury in quarterly payments, after the same shall have been audited according to law.|
|To the governour or chief magistrate of this commonwealth the sum of four thousand five hundred pounds per annum. To the members of the privy council the sum of seven thousand two hundred pounds per annum, to be divided amongst them, agreeable to their attendance on the duties of their office. To the treasurer of this commonwealth the sum of three thousand pounds per annum. To each auditor of publick accounts the sum of fifteen hundred pounds per annum. To the members of the board of war the sum of fifteen hundred pounds per annum, each. To the members of the board of trade the sum of two thousand pounds per annum each. To the judges of the high court of chancery, the general court, and the court of admiralty, each for their services, in their respective offices, as well as in the court of appeals the sum of twelve hundred pounds per annum. To the attorney general the sum of twelve hundred pounds per annum. To the clerks of the board of war and trade each, the sum of eight hundred pounds per annum. To the clerk of the privy council the sum of eight hundred pounds per annum.|| Salaries of governor; |
Members of board of war,
Clerks of board of war and trade.
|The judges of the superiour courts shall make such allowances from time to time to their respective officers, as they shall think reasonable, taking into account the time past for which no allowance hath been made by the assembly, which allowances when made, and audited, shall be paid by the treasurer out of any publick money in his hands.||Judges of superior courts authorised to make allowances to their offices.|
|BE it enacted by the General Assembly, That the present trustees for the town of Staunton in the county of Augusta, are hereby displaces; and the sheriff of the said county shall on the tenth day of August next, proceed to take a poll for electing five trustees for the said town in manner directed by an act entitled "An act to empower the freeholders of the several towns not incorporated, to supply the vacancies of the trustees and directors thereof;" the trustees so elected shall have all the powers given by the several acts of assembly for establishing the town of Staunton and appointing trustees, heretofore passed, and shall also have power, from time to time, as they may see occasion, to contract with any person or persons for repairing the streets of the said town, and constructing and fixing proper aqueducts for conveying water to the several inhabitants thereof, in such manner and places as they may judge most convenient and necessary. The said trustees or the major part of them, shall moreover have power to levy and assess annually on the freeholders and inhabitants of the said town, to enable them to comply with such contracts, a tax not exceeding twenty four shillings for every tithable person, and to appoint one or more collector or collectors of the said tax. If any person on whom such tax shall be assessed, shall neglect or refuse to pay the same at the time appointed for the payment thereof, it shall be lawful for such collector to levy the same by distress and sale of such delinquent's goods, in the same manner as is directed by law in case of the non-payment of publick and county levies. The collector of the said tax, before he undertakes the same, shall give bond and security in a reasonable penalty, payable to the trustees for the due collection and payment thereof, and in case of failure shall be liable in the same manner as the collectors of the county and parish levies are by law made liable. The trustees or either of|| Trustees of town of Staunton displaced. |
How others elected.
To repair streets, and construct aqueducts.
To assess taxes on the inhabitants.
How taxes collected.
Collector to give bond.
|them neglecting or refusing to apply the said taxes, when collected, to the purposes aforesaid, shall forfeit and pay the sum of five hundred pounds to the informer, to be recovered with costs in any court of record upon motion, provided he or they have ten days previous notice thereof in writing. It shall not be lawful for any person or persons inhabitants of the said town, owners of any swine, to suffer the same to go at large in the limits thereof: And if any swine belonging to an inhabitant of the said town shall after the first day of December next, be found running or going at large within the said limits, it shall be lawful for any person whatever to kill and destroy every such seine. Provided that such person shall not convert any such swine to his or her own use, but shall leave the same where it shall be so killed, and give immediate notice to the owner thereof, if known, and if not, then such person shall immediately inform the next justice of the peace, who may order the same to the use of any poor person or persons he shall think fit. 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.|| Penalty for misapplication of taxes. |
Hogs not to run at large in town.
|WHEREAS by an act of general assembly entitled "An act to dock the entail of five hundred and fifty acres of land in the county of Gloucester, whereof Sarah the wife of John Rootes, gentlemen, is seized, and for vesting the same in trustees for the purposes therein mentioned," it was, amongst other things,||Certain persons authorised to convey to John Fox certain entailed land sold by trustees as the estate of Sarah, the wife of John Rootes.|
|enacted that the said five hundred and fifty acres of land, with the appurtenances, should be, and the same were thereby vested in the honourable John Page, esq; and Thomas Whiting, Lewis Burwell, of Gloucester, Francis Whiting, and Roger Dixon, gentlemen, in trust, that they the said trustees, or the survivers, or surviver of them should cause the same to be sold at publick sale, for the best price that could be got for the same, and upon payment of the purchase money, the said trustees or any three of them should seal and deliver a deed or deeds indented for the conveyance of the fee simple estate and inheritance of the said land, to the purchaser or purchasers who should for ever hold and enjoy the same, freed and discharged from the limitations of the will of Edmund Gwynn, deceased, as by reference to the said act may more fully appear. And whereas the said tract of land was exposed to publick sale by the said trustees, and John Fox of the county of Gloucester became purchaser thereof, for the sum of nine hundred and fifty pounds being the best price that could be got for the same, which hath been since bona fide paid to the said trustees by the said John Fox; but no deed of conveyance hath as yet been executed, nor can one be now made for the same under the said act; all the said trustees being dead, except the said Thomas Whiting.|
|Be it enacted, That the said Thomas Whiting, Sir John Peyton, John Whiting, George Green, and James Nutall, jun. or any three of them, shall be, and are hereby empowered to seal and deliver a deed or deeds indented for the conveyance of the fee simple estate and inheritance of the said tract of land to the said John Fox, in the same manner as the said trustees might have done by virtue of the said act, and thereupon the said John Fox shall for ever hold and enjoy the same in fee simple.|
|WHEREAS the act of assembly passed in the year one thousand seven hundred and seventy six entitled "An act for the appointment of naval officers and ascertaining their fees" will expire at the end of this present session of assembly, and it is expedient the same should be continued: Be it therefore enacted by the General Assembly, That the said recited act shall continue and be in force from and after the expiration thereof for one year, and from thence to the end of the next session of assembly; and the several naval officers shall demand and receive the following fees, in lieu of the fees established by the said recited act, to wit: For entering or clearing any ship or vessel of one hundred tons and under, six dollars; for entering or clearing any ship or vessel of more than one hundred tons, fifteen dollars; for taking a bond, two and a half dollars; for a permit, two and a half dollars; for a bill of health, two and a half dollars; for a bill of stores, two and a half dollars; for a certificate, two and a half dollars; for a register and recording the same, ten dollars; for a copy thereof or making an endorsement thereupon, five dollars; for a copy of a manifest, three dollars; for a passport in conformity to the twenty seventh article of the treaty to alliance between his most Christian Majesty and the United States of America, ten dollars. All which fees shall be paid in current money of this commonwealth.|| Act appointing naval officers, further continued. |
|And be it farther enacted, That the master or commander of every ship or vessel, shall, within forty eight hours after his arrival in port, make report of his vessel and cargo to the naval officer of the district wherein the said vessel rides; and every master or commander of any ship or vessel failing herein, shall forfeit his said vessel or cargo; and any master or commander of any ship or vessel, breaking bulk or disposing of any part of the cargo without obtaining a permit from||Masters of vessels, when to report.|
|the naval officer to trade within the said district, shall forfeit his said vessel and cargo, to be seized in either of the above cases, by such officer or his sufficient deputy, and prosecuted in the court of admiralty.|
An act for discontinuing the Navy Board.
|WHEREAS by the establishment of a board of war and a board of trade, the duties and offices heretofore exercised and performed by the navy board, will devolve on and be exercised by one or other of the before mentioned boards of war or trade, whereby the continuance of the navy board is no longer necessary: Be it enacted by the General Assembly, That from and after the end of this present session of assembly, the said navy board shall be, and is hereby discontinued.||Navy board discontinued.|
|And it shall and may be lawful for the governour with advice of the council to demand and receive from the commissioners of the navy board, all the records, papers, vouchers, and other documents which shall belong to the commonwealth, and which hath heretofore been in the custody or keeping of the said board, and upon receipt thereof, to grant to all and every of the commissioners such full and proper acquittances, or indemnifications, for, or on account of their transactions during their continuance in the said office, as shall seem just and reasonable, and to dispose of such records and papers, either by delivery to one or other of the boards above mentioned, or in such manner as they shall think proper.|
|And be it enacted, That the ordinance of convention entitled an ordinance "For establishing a board of commissioners to superintend and direct the naval affairs of this colony," is, and stands hereby repealed.|
| CHAP. LI.
An act for establishing several new ferries, and for other purposes.
|[Chan. Rev. p. 107.]|
|BE it enacted by the General Assembly, That publick ferries shall be constantly kept at the following places, and the rates for passing the same shall be as follows, that is to say: From the lands of James Wilkins in the county of Mecklenburg across Roanoke river to the lands of Robert Munford on the opposite shore, the price for a man two shillings, and for a horse the same; from the lands of Thomas Bryan Martin where John Nichols lately lived, in the county of Frederick, across the Shenandoah river to the lands of the honourable Thomas Lord Fairfax on the opposite shore, the price for a man two shillings, and for a horse the same; from the lands of Thomas Williamson in the county of Southampton, across Blackwater river to the lands of George Fearn, in the county of Isle of Wight, on the opposite shore, the price for a man six pence, and for a horse the same; from the lands of Elias Herring, in the county of Southampton, to the lands of Hancock Barret, in the county of Isle of Wight on the opposite shore, the price for a man six pence, and for a horse the same; from the lands of Thomas Pierce, adjoining the town of Smithfield, in the county of Isle of Wight, across Pagan creek to the lands of William Hodsden on the opposite shore, the price for a man one shilling, and for a horse the same; and for the transportation of wheel carriages, tobacco, cattle, and other beasts, at either of the ferries 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 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 or goat one fifth part of the ferriage of one horse; and for every hog, one fourth part of the ferriage of one horse, according to the prices herein before settled at such ferries respectively. And if any ferry keeper shall presume to demand or receive|| New ferries established over Roanoke, Shenandoah, Black Water, &
Pagan creek. |
|from any person whatsoever, any greater rates than is hereby allowed, he, she, or they, for every such offence, shall forfeit and pay to the party grieved, treble the ferriages demanded, and five pounds; to be recovered before any justice of the peace where the offence shall be committed; and in the stern of every ferry-boat, shall be affixed by the keeper thereof, an attested copy of the rates of such ferriages as shall be established by the court of the county in which such ferry shall be, under the penalty of five pounds for every such neglect, to be recovered as aforesaid.||Penalty for exceeding legal rates.|
An act concerning Gold and silver Coin.
|WHEREAS many inconveniencies and much injustice have arisen from the act entitled "An act to support the credit of the money issued by the authority of Congress, and by the authority of this commonwealth," and to make the former current within this commonwealth, Be it enacted, That so much of the said recited act as makes it penal to offer or pay, ask or receive more in paper bills of credit of this commonwealth or of congress, for any gold or silver coin, or more in the said paper bills for any property, real or personal, than is asked or offered in gold or silver coin, shall be, and the same is hereby repealed.||So much of an act as imposes a penalty for asking more for any article, in paper money, than in gold or silver, repealed.|
| CHAP. LIII. |
An act for regulating certain tobacco fees, and for other purposes.
|WHEREAS the fees allowed to certain officers by an act of assembly entitled "An act to amend an act entitled An act for the better regulating and collecting certain officers fees, and other purposes," and the allowance made by law to witnesses in civil causes for attendance and travelling are very inadequate to the trouble and expenses; Be it enacted, That all persons who shall be chargeable with tobacco for any of the services in the said act mentioned, or for witnesses attendance, except in cases already provided for by "An act for punishing persons guilty of certain thefts and forgeries, and for fixing the allowance to sheriffs, veniremen, and witnesses, in certain cases," or who shall hereafter be chargeable with tobacco for any of the services herein after mentioned, shall at their election, discharge the same either in tobacco or money at the rate of three pounds for every hundred pounds of gross tobacco, to be levied and collected as the law directs. That the surveyor of the several counties, and the clerk of the general court, besides the fees heretofore allowed, and the register of the land office, shall respectively be entitled to the fees herein after mentioned, to be paid by the party at whose instance any such service shall be performed at the time of his or her requiring the same, or by the respective county courts, or the treasurer as the case may be, that is to say: To the surveyors for receiving a warrant of survey and giving a receipt therefor, ten pounds of tobacco. For recording a certificate from the commissioners of any district of a claim to land allowed by them to be paid by the claimant ten pounds of tobacco. For making an entry for land or for a copy thereof, ten pounds of tobacco. For a copy of a plat of land or of a certificate of survey, twenty five pounds of tobacco. For every tract of land mentioned in the list of surveys returned to the office of the clerk of any county court, to be paid by the treasurer on the auditors warrant, two pounds of tobacco. To the clerk|| Preamble. |
Fees of surveyors.
|of the general court for entering a caveat or for a copy thereof, twenty pounds of tobacco. For every process and all other proceedings thereupon, the same fees as in actions and suits. To the register of the land office for issuing a warrant of survey and recording the same, together with the rights or certificates on which it is founded, for any quantity of lands not exceeding one thousand acres, thirty pounds of tobacco: If the quantity exceed one thousand acres, and does not exceed two thousand acres, forty pounds of tobacco. If the quantity exceed two thousand acres, fifty pounds of tobacco. For every warrant issued in exchange of another warrant, or where lands claimed under a former warrant shall be recovered upon a caveat and recording the same, twenty pounds of tobacco. For recording a list of certificates of rights proved in any county court, or allowed by the commissioners of any district, to be paid by the treasurer on the auditors warrant, for every certificate mentioned in such list, five pounds of tobacco. For receiving a plat and certificate of survey, giving a receipt therefor, issuing and recording a grant thereupon, together with such plat and certificate, if the quantity therein contained shall not exceed four hundred acres, forty pounds of tobacco. And for every hundred acres more than four hundred, and so in proportion, five pounds of tobacco. For entering a caveat or for a copy thereof, twenty pounds of tobacco. For a copy of a plat of land or of a certificate of survey, twenty five pounds of tobacco. For a copy of any patent or grant for land, thirty pounds of tobacco. For a search for any thing or for reading the same, where a copy shall not be required, ten pounds of tobacco. And that every witness attending upon summons, the high court of chancery, general court, or the court of admiralty, shall be paid by the party at whose suit the summons issued, two pounds of tobacco per mile for coming to the place where he or she was summoned to appear, and the same for returning, besides ferriages, and one hundred pounds of tobacco per day for attendance, until he or she shall be discharged, and that every person summoned to appear as a witness at any county or other inferior court, or upon any survey of land, and being an inhabitant of the same county, shall be paid by the person or persons at whose suit the summons|| Of clerk of general court. |
Of register of land office.
Witnesses, attending superior courts,
Or inferior courts, or upon surveys.
|issued, fifty pounds of tobacco for every day's attendance upon such summons. And every person residing in, and summoned out of another county, shall have the said allowance of fifty pounds of tobacco per day for attendance, and be paid for traveling and ferriages to and from court, as witnesses in the superiour courts, to be paid by the party or parties summoning him or her. And be it farther enacted, That the said recited act and every other act so far as the same relate to the giving of fees to any of the said officers for the services herein before mentioned, or for allowing persons chargeable with officers fees or witnesses attendance to pay the same either in money or tobacco, shall be, and the same is hereby repealed.|
|WHEREAS the act of assembly, entitled "An act appointing the place for holding the high court of chancery and general court, and empowering the said high court of chancery to appoint their own serjeant at arms," will expire at the end of this present session of assembly, and it is necessary the same should be continued, Be it therefore enacted, That the said recited act shall continue and be in force from and after the expiration thereof, for and during the term of one year, and from thence to the end of the next session of assembly.||Act appointing place for holding high court of chancery, & general court, and empowering the former to appoint their serjeant at arms, further continued.|
| CHAP. LV.
An act declaring who shall be deemed citizens of this commonwealth.
|[From Revised Bills of 1779, chap. LV. p. 41.]|
|BE it enacted by the General Assembly, That all white persons born within the territory of this commonwealth, and all who have resided therein two years next before the passing of this act; and all who shall hereafter migrate into the same, other than alien enemies, and shall before any court of record, give satisfactory proof by their own oath or affirmation that they intend to reside therein; and moreover shall give assurance of fidelity to the commonwealth; and all infants wheresoever born, whose father if living, or otherwise whose mother was a citizen at the time of their birth, or who migrate hither, their father if living, or otherwise their mother, becoming a citizen, or who migrate hither without father or mother, shall be deemed citizens of this commonwealth, until they relinquish that character in manner as herein after expressed; and all others not being citizens of any the United States of America shall be deemed aliens. The clerk of the court shall enter such oath of record, and give the person taking the same, a certificate thereof, for which he shall receive the fee of one dollar. And in order to preserve to the citizens of this commonwealth that natural right which all men have of relinquishing the country in which birth or other accident may have thrown them, and seeking subsistence and happiness wheresoever they may be able, or may hope to find them: And to declare unequivocally what circumstances shall be deemed evidence of an intention in any citizen to exercise that right, It is enacted and declared, That whensoever any citizen of this commonwealth, shall by word of mouth in the presence of the court of the county wherein he resides, or of the general court of the county wherein he resides, or of the general court, or by deed in writing under his hand and seal, executed in the presence of three witnesses, and by them proved in either of the said courts, openly declare to the same court that he relinquishes the character of a citizen and shall depart the commonwealth, such person shall be considered as having exercised his natural|| Who shall be deemed citizens of this commonwealth. |
Citizenship, how acquired.
Who deemed aliens.
Expatriation right of, how exercised.
|right of expatriating himself, and shall be deemed no citizens of this commonwealth from the time of his departure. The free white inhabitants of every of the states, parties to the American confederation, paupers, vagabonds, and fugitives from justice excepted, shall be entitled to all rights, privileges, and immunities of free citizens in this commonwealth, and shall have free egress and regress to and from the same, and shall enjoy therein all the privileges of trade and commerce, subject to the same duties, impositions, and restrictions as the citizens of this commonwealth. And if any person guilty of or charged with treason, felony, or other high misdemeanor, in any of the said states, shall flee from justice, and be found in this commonwealth, he shall upon demand of the governour or executive power of the state from which he fled, be delivered up to be removed to the state, having jurisdiction of his offence. Where any person holding property within this commonwealth, shall be attainted within this commonwealth, shall be attainted within any of the said states, parties to the said confederation of any of those crimes which by the laws of this commonwealth shall be punishable by forfeiture of such property, the said property shall be disposed of in the same manner as it would have been if the owner thereof had been attainted of the like crime in this commonwealth.|| |
Free white inhabitants of other of the United States, entitled to privileges of citizens of this state.
Fugitives from justice, in other states, how apprehended and delivered up.
Forfeiture of property, by attainder, in other states, affects property in this.
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