|Pages 153-176||Pages 198-219|
|WHEREAS it is represented to the general assembly, that the service of the United States may be impededed [impeded] by subjecting the drivers of waggons in the continental service to do militia duty; Be it enacted by the General Assembly, That all drivers of waggons, during their continuance in the continental service shall be, and they are hereby exempted from militia duty.||Drivers of waggons in continental service, exempted from militia duty.|
[Chan. Rev. p. 112.]
|I. BE it enacted by the General Assembly, That whereas doubts have arisen concerning the manner of proving rights for military service, under the proclamation of the king of Great Britain, in the year one thousand seven hundred and sixty three, whereby great frauds may be committed; Be it declared and enacted, That no person, his heirs or assigns, other than those who had obtained warrants under the former government, shall hereafter be admitted to any warrant for such military service, unless he, she, or they produce to the register of the land office, within eight months||Rights for land, under the proclamation of 1763, how authenticated.|
|after the passing of this act, a proper certificate of proof made before some court of record within the commonwealth, by the oath of the party claiming or other satisfactory evidence that such party was bona fida an inhabitant of this commonwealth, at the time of passing the said recited act, or that the person having performed such military service, was an officer or officer in some regiment or corps (other than militia) actually raised in Virginia before the date of the said proclamation, and had continued to serve until the same was disbanded, had been discharged on account of wounds, or bodily infirmity, or had died in the service, distinguishing particularly in what regiment or corps such service had been performed, discharge granted, or death happened, and that the party had never before obtained a warrant or certificate for such military service: Provided, that nothing in this act shall be construed in any manner to affect, change, or alter the title of any person under a warrant heretofore issued.|
|II. And whereas the time limited in the before recited act to the commissioners for adjusting and settling the claims to unpatented lands within their respective districts may be too short for that purpose; Be it farther enacted, That all the powers given to the said commissioners by the said recited act, shall be continued and remain in force, for and during the further term of two months, from and after the expiration of the time prescribed by the said act, and no longer. And where it shall appear to the said commissioners that any person, being an inhabitant of their respective districts, and entitled to the pre-emption of certain lands, in consideration of an actual settlement, is unable to advance the sum required for the payment of the state price, previous to the issuing of a warrant for surveying such land, the said commissioners shall certify the same to the register of the land office, who shall thereupon issue such pre-emption warrant to the party entitled thereto, upon twelve months credit for the purchase money, at the state price, from the date of the warrant. The said register shall keep an exact account of all such warrants issued upon credit, and shall not issue grants upon surveys made thereupon, until certificates are produced to him from the auditors of publick accounts of the payment of the purchase|| Powers of commissioners for adjusting claims to unpatented lands
Pre-emption warrants may be issued to actual settlers, on credit, if unable to pay the state price.
But grants not to issue until payment of purchase money.
|money respectively due thereon into the treasury; and if the same shall not be paid within the said term, the warrant, survey, and title found thereon shall be void, and thereafter any other person may obtain a warrant, entry, and grant for such land, in the same manner as for any other waste and unappropriated lands: Provided, that nothing herein contained shall be construed to extend to any person claiming right to the pre-emption of any land for having built an house or hut, or made any improvements thereon, other than an actual settlement as described in the said act. No certificate of right to land for actual settlement or of pre-emption right shall hereafter be granted by the said commissioners, unless the person entitled thereto hath taken the oath of fidelity to this commonwealth, or shall take such oath before the said commissioners, which they are hereby empowered and directed to tender and administer; except only in the particular case of the inhabitants of the territory in dispute between this commonwealth and that of Pennsylvania, who shall be entitled to certificates upon taking the oath of fidelity to the United States of America.|| Provided that this privilege shall
extend to actual settlements only. |
Certificates for settlement & pre-emption rights not to be granted, unless to persons who have taken the oath of fidelity to this commonwealth.
Exception, as to inhabitants of disputed territory between this state & Pennsylvania.
|III. And be it farther enacted, That all persons, their heirs or assigns, claiming lands by virtue of any corder of council, upon the eastern waters, under actual surveys made by the surveyor of the county in which the land lay, may upon the plats and certificates of such surveyors being returned into the land office, together with the auditors certificate of the treaasurer's receipt for the composition money of thirteen shillings and four pence per hundred acres due thereon, obtain grants for the same according to the rules and regulations of the said office; notwithstanding such surveys or claims have not been laid before the court of appeals. And all other claims for lands upon surveys made by a county surveyor duly qualified, under any order of council, shall by the respective claimers be laid before the court of appeals, at their next sitting, which shall proceed thereupon in the manner directed by the before recited act. Any person claiming right to land surveyed for another before the establishment of the commonwealth's land office, may enter a caveat and proceed thereupon in the same manner as is directed by the act of assembly for establishing the said office, and upon recovering judgment, shall be entitled to a|| How grants for lands, surveyed under
orders of council, on the Eastern Waters may be obtained. |
Caveats on surveys before establishment of commonwealth's land office, how proceeded in.
|grant upon the same terms, and under the same conditions, rules, and regulations as are prescribed by the said act in the case of judgments upon other caveats, upon producing to the register a certificate from the auditors of the treasurer's receipt for the composition money of thirteen shillings and four pence per hundred acres due thereon.|
|WHEREAS the allowance heretofore made to the inspectors for inspecting tobacco hath been found insufficient; Be it enacted by the General Assembly, That over and above such former allowance, the inspectors shall be allowed the farther sum of three dollars for every hogshead of tobacco which shall be by them inspected, from and after the passing of this act, to be paid by the person from whom such tobacco shall be inspected. And for making an adequate compensation for their services to such inspectors for want of timely publication of the act passed in the last session of assembly, for amending an act entitled "An act for reviving several publick warehouses for the inspection of tobacco," have not received the sum of two dollars per hogshead for all tobacco by them inspected, in lieu of their former salaries; Be it enacted, That the treasurer shall, and he is hereby authorized to pay to such inspectors, their full salaries as heretofore established until the end of the last inspection; such inspectors accounting upon oath, for all monies by them collected by virtue of the before recited act. And where||Salaries and allowances of inspectors of tobacco encreased.|
|the same default hath been made in collecting the sum of eight shillings per hogshead, for warehouse rent, by virtue of the before recited act, the inspectors who shall ship such tobacco passed in the commencement thereof, shall demand and receive the said sum of eight shillings from the shipper, and account to the proprietor of their warehouses respectively for the same. And as the allowance made by the act of the last session of assembly, for reprizing, repacking, and turning up tobacco is found inadequate to the trouble and expense attending that service: Be it enacted, That the farther sum of eighteen shillings per hogshead shall be allowed for reprizing, repacking, opening, turning up, securing, and finding nails, to be paid by the same persons as is directed in the said recited act, passed in the last session of assembly.|
|And whereas it will be of advantage to the publick if the inspection at Warwick, in the county of Chesterfield, should be revived; Be it enacted, That the said inspection shall, from and after the passing of this act, be, and the same is hereby revived; and the warehouses formerly used for the purpose of inspecting tobacco at Warwick aforesaid, shall be continued for that purpose, subject to the same regulations for nominating and appointing inspectors and pickers, payment of warehouse rent, and the salaries to inspectors, as the other warehouses within this commonwealth. And be it farther enacted, That the county court of Norfolk shall recommend once in every year to the governour or chief magistrate for the time being, two proper persons for the purpose of reinspecting or repacking of tobacco in the said county, which tobacco shall be at the risk of the proprietor or proprietors thereof, and the inspectors shall be entitled to receive for their trouble, ten dollars for each hogshead from the person employing them.||Inspection at Warwick, in Chesterfield county, revived.|
|And whereas it appears that inspectors of tobacco in many instances are obliged to cross ferries in order to attend their duty at their warehouses, the expense of which would greatly diminish the salaries allowed by law: Be it farther enacted, That from and after the passing of this act, inspectors of tobacco shall charge the expense of ferriages necessarily incurred in going to, and returning from their warehouses, in account with the publick over and above the salaries allowed by law.|
|And it is hereby farther enacted, That the inspection established at Cave's warehouse, in the county of Stafford shall, from and after the first day of February next be discontinued.|
|[Chan. Rev. p. 114.]|
|I. FOR establishing a fund whereon to borrow a sum of money for the use of the Untied States, and to give the lenders the fullest assurance of being paid the interest thereof annually, and for making provision for repaying the principal money so to be borrowed at the appointed time: Be it enacted by the General Assembly, That a tax of thirty pounds of inspected tobacco in transfer notes, shall be paid on or before the first day of August next, and at the same time in each of the next succeeding eleven years, by every tithable person in this commonwealth, except free white tithables between the age of sixteen and twenty one years, and those who shall have been discharged by the county courts from the payment of levies, and except also such slaves as have been or shall be exempted from taxation by the commissioners of the tax on account of old age or bodily infirmity. Five eighths of the nett produce of the said tax shall be appropriated as a fund, whereon the treasurer of this commonwealth for the time being may, and he is hereby empowered and required to borrow a sum of money not exceeding five millions of pounds, current money, from any person or persons willing to lend, in sums not less than one thousand pounds from any person, at an interest of five per centum per annum. The interest to grow due on all sums so borrowed shall be regularly paid to the lenders respectively, or to their order as hereafter limited, at the treasury annually as it shall become due,||Five eights of a tax in tobacco appropriated as a fund for borrowing 5,000,000l. upon interest.|
|and the surplus remaining after all such interest, shall be paid arising from the said five eighths of this tax: The treasurer may and he is hereby empowered and required to pay to such of the said publick creditors as may be willing to receive their principal, giving preference in such payments to each creditor as he or they may make application for the same in priority of time, until the surplusage shall be paid away in each of the said years.|
|II. And for fixing the nominal sum of money, which every such creditor shall receive as interest and principal, agreeable to the directions of this act, so as to secure the creditors on the one hand from being losers by receiving less than the real value of the sum lent at the time of the loan, and to guard the state on the other hand from paying a greater sum either as interest or principal, than the real value of such interest at the time it shall become due, or the principal was worth at the time of the loan: Be it farther enacted, That the rule and standard for fixing the value of all the money to be borrowed, and of all interest and principal to be thereafter paid in consequence of this act, shall be as followeth: For all monies to be borrowed upon this fund between the first day of January next and the sixth day of the next general court, one hundred pounds of inspected nett crop tobacco shall be held, deemed, and taken as the standard and true value of thirty pounds current money, and so in proportion for any greater or lesser sum which may be borrowed by that time, and for all money to be borrowed after that day upon this fund. And for fixing the value of all interest accruing on all the money to be borrowed in consequence of this act, the following rules shall be observed. The judges of the general court, at some during the first six days of their session in the month of March next, and at every succeeding session of that court during the continuance of this act, shall and they are hereby empowered and required to administer an oath to the grand jury attending every session of that court, well and truly to estimate the true market price of inspected crop tobacco, according to the best of their skill and judgment at the time, taking for their guide neither the greatest nor smallest, but the average market price at the time of making the estimate, which estimate shall be entered upon record,|
Standard for adjusting value of principal & interest.
|from time to time, by the clerks [clerk] of the said court, and every such estimate respectively, shall be held, deemed, and taken as the true and only standard and measure thereafter to fix as well the value of the money to be borrowed under this act, as of the interest accruing or principal be paid between that and the next succeeding estimate. The treasurer for the time being, shall make out and deliver to every lender of money upon this fund, one or more indented certificates, signed by him, and countersigned by some one of the auditors of publick accounts, or of their clerks, to be appointed for this special purpose, in the left hand corner thereof, and entered in their office to the debit of the treasurer, expressing the sum so borrowed, the rate of interest, payable annually therefor, and day of payment; and also the last estimate of money compared with tobacco agreeable to the directions of this act; and every such creditor shall be entitled to demand and receive so much money for interest, upon the money lent, as will purchase the same quantity of tobacco, at the time such interest shall become due, that the nominal sum then due for interest on the principal borrowed would have purchased at the time the money was lent, to be fixed by the certificate in the former, and by the estimate of the grand jury as aforesaid, for that period of time in which such interest shall become due, in the latter instance. In the payment of all sums to any creditor for principal money borrowed, the same rule, standard, and only measure shall be observed between the state and the creditor as is above directed for the payment of interest. All certificates to be issued for money borrowed by virtue of this act, shall be made payable to the lender, his executors and administrators; but such lender, or his executors or administrators, may by writing under his, her, or their hand and seal, and attested by two magistrates of this commonwealth, or of any other of the United States, or by any officer of publick notoriety, in any other country, assign and transfer any such certificate; and an assignment made agreeable to the directions of this act shall entitle every such assigner, his executors and administrators; and every subsequent assignee of any assignee, and the executors and administrators of every such assignee, to receive at the|| |
Forms and marks of treasurer's certificates; and mode of assigning them.
|treasury the interest and principal money due on every such certificate, in the same manner, and at such time, as the lender would have been entitled to receive the same by virtue of this act.|
|III. Every person who shall counterfeit, alter, or erase, any certificate to be issued by virtue of this act, or shall demand payment of any money on any such certificate, knowing the same to be counterfeited, altered, or erased, or shall be aiding, assisting, or abetting, in such forging or counterfeiting, altering, or erasing, shall be deemed and judged guilty of felony, and on being thereof legally convicted, shall suffer death without benefit of clergy. And that the lenders of money, upon the faith of this act, may have the fullest assurance of receiving the interest and principal of their respective debts, on the terms of this act, and at the appointed times; Be it farther enacted, and it is hereby declared, that the general assembly will make good all deficiencies which may happen in this fund, by either increasing the present tax, or substituting some other in aid thereof, that the publick faith hereby pledged may be preserved inviolate. The remaining three eighths of the amount of all the taxes to be collected by virtue of this act, shall be reserved for the purpose of purchasing military stores, clothing, and other necessaries for the use of the army and navy, as the executive of this state may from time to time direct, but subject to the future direction and controul of the general assembly. The clerk of the general court, when any new estimate shall be made of tobacco agreeable to the directions of this act, shall cause an attested copy thereof to be published for two months successively, in each of the gazettes of this state, and the treasurer moreover immediately after every June court, shall cause a copy of the last estimate so as aforesaid to be made, to be transmitted forthwith to every sheriff and other collector of the tax hereby imposed in this commonwealth. And for the better collection of the said taxes, It is farther enacted, That the sheriff or collector of every county and corporation in this state, at the court to be held for their respective counties or corporations in the month of April in each year during the continuance of this act, or at the next succeeding court, in case no court shall be held in that month, shall give bond with good security, to be approved by|| Counterfeiting certificates, punishable with death. |
Deficiency, if any, to be made good, and how.
Appropriation of the other three eighths.
Estimates of tobacco to be published and transmitted to collectors; & how they shall be appointed, and accountable.
|such court in the sum of thirty thousand pounds, payable to the governour for the time being, and his successours for the use of the commonwealth, conditioned for the diligent and faithful collection and payment of this tax, to be levied, collected, accounted for, and settled with the commissioners of the tax, and paid into the treasury in the same manner, at the same time, and under the like forfeitures as are appointed, prescribed, and inflicted in the case of collecting the taxes upon assessments by one act of assembly entitled "An act for raising a supply of money for publick exigencies;" and the sheriffs and other collectors shall be allowed a commission of three per centum upon all sums of money and quantities of tobacco by them to be collected by virtue of this act, and a credit for all real insolvencies to be settled by the commissioners of the tax in each county and corporation respectively.|
|IV. And for the ease and conveniency of the people in paying the said tax, Be it farther enacted, That the sheriffs and other collectors of this tax, shall cause a copy of the estimate to be made by the grand jury as aforesaid, at every June court, to be set up at the doors of their respective court-houses two several court days, in the months of August and September, and also at the door of every church, chapel, and meeting-house, in every such county and corporation two several Sundays in the said tow months, during the continuance of this act; and all persons liable to this tax, may either pay the same in money at the price fixed by the grand jury in the preceding June court, or in tobacco agreeable to the directions of this act, and the law which shall be then in force for regulating the inspection of tobacco, deducting six per centum for such price for the difference between crop and transfer tobacco, where thee payment shall be made in money. All persons neglecting or refusing to pay the tax hereby imposed agreeable to the directions of this act, may be proceeded against, and the sheriff or other collector may proceed against the said delinquent, and shall be entitled to the same commission in case of distress as is provided in case of failing to pay county and parish levies. And for preventing sheriffs and other collectors from withholding from the publick the tobacco which shall actually be collected, It is farther enacted, That the several collectors shall annually,|
The tax payable in money instead of tobacco, according to what estimate;
May be distrained for.
|during the continuance of this act, account and settle with the commissioners of the taxes upon oath, which the said commissioners are hereby empowered and required to administer, for all the tobacco and money severally and actually by them received in discharge of this tax; every such sheriff or collector previous to their making such settlement, shall cause all the transfer tobacco by them so collected, to be prized and croped agreeable to the direction of the laws which may be at such time in force for regulating the inspection of tobacco, and the commissioners shall allow them a credit in their accounts of six per centum for shrinkage, prizing, and nails, and thirty pounds of tobacco for each cask; and where any balance of tobacco not sufficient to make a hogshead shall remain in the hands of any collector, such balance or fraction, shall be accounted for by every such collector in his account for the succeeding year, or shall be by them respectively paid to the succeeding collectors; and the commissioners having allowed every collector credit for his commissions on collection, for all sums paid or due to them, their clerk, and to the assessors for their respective services, and for all real insolvencies, shall together with their account of the other annual taxes, transmit a duplicate of every such account to the auditors of publick accounts, noting the numbers, weights, and marks, of all crop tobacco in such collections.||Collectors shall settle their accounts with commissioners of the taxes; when and how.|
|V. The assessors of every hundred or district, shall in every year during the continuance of this act, at the time of making their assessment, demand an account upon oath or affirmation, which they are hereby empowered and required to administer, of all persons liable to this tax, an account of all his, her, or their tithables to this tax, an account of all his, her, or their tithables subject thereto, or which are then resident in his, her, or their family; and the assessors at the time of returning the accounts of their assessments, shall also return lists of the tithables so by them to be taken; and the commissioners of the taxes shall cause copies of the said lists of tithables to be delivered to the several sheriffs or collectors, at the time of delivering them the accounts of the assessments, to enable them to collect the tax. Every person refusing to give in to the assessors, an account of his, her, or their tithables as aforesaid, shall forfeit and pay treble the value of the tax upon every such tithable not given in, to be recovered|| Duty of assessors. |
Remedy against delinquents.
|by action of debt in any court of record, in the name of the commissioners of the taxes for such county or corporation. Every person knowingly taking a false oath, or making a false affirmation in the premises, shall be subject to the like pains and penalties as are inflicted in the case of wilful and corrupt perjury.|
|VI. All the money to be borrowed upon this fund, shall be applied to the payment of the money required by congress from this state, to such persons only as shall be authorised by congress to receive the same, and upon warrant from the governour; and the accounts of the receipts and payments in consequence of this act, shall be kept distinct and separate from all other accounts whatsoever. This act shall continue and remain in force for and during the term of twelve years, and no longer.||Application of the money borrowed. Continuance of the act.|
|VII. And be it farther enacted, That no person interested by having money in, or interest due upon the said fund, or possessing any certificate for money advanced on the said loan, shall at any time be capable of serving on any grand jury for estimating the price of tobacco; and for discovery thereof, the judges of the general court are hereby empowered and required to examine upon oath any person who shall be summoned, or called upon such grand jury, concerning his interest in the same.||Owners of certificates not to be of the grand jury for estimating tobacco.|
|VIII. Provided, that the operation of so much of this act as relates to the time of the payment of the first year's tax, of thirty pounds of tobacco for every tithable, shall be, and the same is hereby declared to be suspended until the first day of December, in the year one thousand seven hundred and eighty, when the several sheriffs or collectors, having previously given bond and security, as herein before directed, shall proceed to collect, levy, and account for the said first year's tax, and pay the same into the treasury, on or||Operation of the act, partly suspended.|
|before the first day of March next following, in the same manner, and under the same rules, regulations, and penalties as are herein before prescribed.|
An act providing a farther supply for the exigencies of government.
|WHEREAS it is found that the taxes already imposed for defraying the annual expenditure of this commonwealth, are not adequate thereto, in order therefore to make a farther provision for the exigencies of government; Be it enacted by the General Assembly, That an additional tax of one half per centum be laid upon all kinds of property assessed ad valorem, under the act of the last session of assembly, entitled "An act to explain the acts of general assembly, providing a supply of money for publick exigencies." The like additional tax of one half per centum shall be paid for all monies which any person shall be in possession of at sunrise on the first day of March next; and an additional tax of six shillings and eight pence per head shall be paid for all neat cattle within this state. The said foregoing taxes shall be ascertained and accounted for in like manner, and under the same regulations and penalties, as the taxes are under the acts "For raising a supply of money for publick exigencies," and to amend an act entitled 349"An act for raising a supply of money for publick exigencies," and paid at the same time as is directed by the said first recited act. Provided that nothing herein contained shall extend to any negro or mulatto servant or slaves: And the farther additional tax of forty pounds be laid on each ordinary licence which shall hereafter be granted to any person within this commonwealth, to be paid to the clerk of the court, by which the said license shall be granted before the same shall issue, by him to be accounted for in like manner, and under the same penalties as the tax now subsisting on ordinary licenses is accounted|| Additional taxes on property, money, and cattle. |
On ordinary licenses.
|for. Provided nevertheless, that the lots in the borough of Norfolk and towns of Portsmouth and Suffolk, the houses on which may have been burnt, shall be exempt from any tax by this or any former law, except such lots as have been, or shall be sold or built on. And be it farther enacted, That any person may pay to the treasurer of this commonwealth for the time being, any sum or sums of money, not less than two hundred pounds, in advance for taxes not yet due, and which may hereafter accrue; for which sums the treasurer shall give his receipt, specifying the purpose for which the same is paid, which receipt shall be carried to the auditors, who shall enter the amount thereof to the credit of the person for whom the money was paid, in accounts to be by them kept specially for this purpose, and give one or more certificates for the same, in these words, to wit: "The auditors of publick accounts do hereby certify that, hath this day paid to the treasurer of this commonwealth, the sum of pounds, to be applied to the discharge of taxes not yet due, according to an act of assembly, passed in the year one thousand seven hundred and seventy nine, entitled An act providing a farther supply for the exigencies of government. As witness our hands this day of in the year ." Which certificate shall be received in discharge for any subsequent taxes, by the sheriff or collector, who shall allow to the person having the same, at the rate of six per centum per annum, on the amount thereof, to the time when his or her taxes become due; or where the amount of the certificate, with the interest due thereon, is greater than the amount of the taxes to be paid, the sheriff or collector may receive the order of the person holding the same on the treasurer, for any less sum than the certificate amounts to, indorsing the same, and the time when given on the back of the certificate, which order or certificates, as the case may be, shall be allowed by the auditors as a credit to the sheriff or collector, and be charged to the proper account of the person giving or paying the same, and due credit given for the interest accruing.|| Lots in Norfolk and Suffolk, the houses on which have been burnt
by the enemy, exempted from taxes. |
Taxes may be paid in advance.
Form of receipt.
Such receipts receivable in taxes, with interest.
|And be it farther enacted, That all persons paying money into the treasury in conformity to this act, or their heirs shall at all times hereafter be entitled to a full discount in the payment of their taxes, for the principal;||And the holder entitled to a discount, at the nominal amount.|
|and the interest accruing thereon, according to the nominal value of the money by them respectively paid, until the same shall have been fully discounted. Provided that any person having right to any such certificate or certificates, may by will, dispose of or direct the application of the same, so as no one certificate be divided or applied to the credit of more than one person. And where any such person shall die intestate, such certificate or certificates, with the credits or discount which such intestate would have been entitled to thereon, shall be vested in his or her heirs at law, who shall be accountable to the representatives of the intestate for their proportionable parts, according to the legal distribution of such intestate's other personal estate.|| |
|And be it farther enacted, That any person who shall forge, counterfeit, alter, or erase any certificate for money in advance for taxes, or any order for money due on, or to be discounted out of any such certificate, or shall pass or tender such counterfeits in payment, knowing them to be so counterfeited, altered, or erased, or shall be aiding, abetting, or assisting in such forging or counterfeiting, altering, or erasing, passing or tendering, shall be deemed guilty of felony without benefit of clergy, and shall suffer death. So much of this act as imposes any additional tax, or enables any person to pay to the treasurer any sum or sums of money in advance for taxes hereafter to accrue, shall continue and be in force, for and during the term of one year, and no longer.||Forging, counterfeiting, &c. such certificates, how punishable.|
|WHEREAS it hath been represented to this present general assembly, that the trustees of the town of Alexandria have sold and conveyed, as well as leased certain parcels of ground and sunken lands within the said town and adjoining sundry lots thereof, the proprietors whereof are apprehensive that such sales and leases may hereafter be controverted on suggestion, that the said trustees were not, in strictness of law, invested with power to make the same; for remedy whereof, Be it enacted, That all such sales, deeds, and leases bona fide made and executed by the said trustees before the passing of this act, shall be, and the same are hereby confirmed and declared valid. Provided that nothing herein contained shall be deemed or taken to affect the private claim or title of any proprietor of a lot within the said town. And whereas John Alexander having, in his lifetime, laid off several lots of land adjoining the said town; did, in or about the year one thousand seven hundred and seventy four, convey the same in fee to different persons subject to the payment of annual rents, and with condition that if the feoffees did not within two years thence next following build on each lot, a brick, stone, or framed house twenty feet square, with a brick or stone chimney; in that case, or in default of the payment of the rents, it should be lawful for the said John Alexander, his heirs or assigns, to re-enter and hold his or their former estate therein. And whereas from the great scarcity and difficulty of procuring materials for building the said houses during the present war with Great Britain, the proprietors of the said lots have not been able to build thereon within the time limited for that purpose in their deeds of conveyance; and the said John Alexander having in the mean time departed this life, leaving an infant son, to whom his interest in the said lots descends, and no agreement or compromise|| Preamble. |
Certain rules and leases of lots, made by trustees of town of Alexandria confirmed.
Certain lots laid off by John Alexander, annexed to the town of Alexandria.
|can legally be made with such infant; application hath therefore been made to this assembly by the proprietors of the said lots, that they may be allowed a farther time to build upon and save the same; and that the said lots may be added to, and made part of the said town of Alexandria: Be it therefore enacted, That the proprietors of the lots so laid off and conveyed by the said John Alexander shall, and they are hereby allowed the term of two years, from and after the end of the present war, to build upon and save the same; any thing in their deed or deeds of conveyance to the contrary thereof notwithstanding; and that the said lots shall be, and the same are hereby annexed to, and made part of the said town of Alexandria. So soon as the proprietors of such lots shall have built upon and saved the same, they shall then be entitled to, and have and enjoy the same rights, privileges, and immunities which the other inhabitants of the said town hold and enjoy.||Proprietors allowed a further time, after the end of the war, to build upon, and save their lots.|
An act concerning a Lead mine, the property of John and Mead Anderson.
|WHEREAS it is represented by John and Mead Anderson, that they have discovered a tract of unappropriated land, the soil of which is of little value, but that they have reason to believe there is on the said land a rich lead mine; that they are prevented from locating the same and proceeding to work the lead mine from an apprehension that it may be assess to so great a sum that they shall not be able to pay the tax thereof; Be it enacted, That in all assessments to be made on the lands intended to be located by John Anderson and Mead Anderson, wherein there is supposed to be a large quantity of lead ore, the assessors shall rate or assess the said land according to the value of the soil, without taking into estimation the value of such lead||Lead mines, the property of John and Mead Anderson, to be assessed, for taxes, according to the value of the soil only.|
|mine, and the necessary buildings erected for extracting lead. And be it farther enacted, That in lieu of any tax upon such lead mine, the said John Anderson and Mead Anderson, their heirs or assigns shall annually (the computation of time to commence two years after they shall have begun to extract lead) deliver at the works, for the use of the publick, one fortieth part of the lead and other metal.|
An act concerning Nonjurors.
|BE it enacted by the General Assembly, That so much of all and every act or acts of assembly as subjects nonjurors to the payment of treble taxes shall be, and the same is hereby repealed. And be it farther enacted, That every person who shall have paid double or treble taxes, on account of not having taken the oath of allegiance to this commonwealth shall, on producing to the commissioners of the tax for his county, a certificate of his having since taken the said oath, and on satisfying the commissioners that he hath been uniformly a friend to this government, be reimbursed all such sums of money by him paid over and above his just tax, and the same shall be deducted out of such year shall not amount to so much as he shall have paid, over and above his just tax, the overplus shall be paid him by the sheriff or collector, who shall be allowed the same in the settlement of his account with the commissioners.|| Acts imposing treble taxes, on persons refusing to take the oath
of allegiance repealed. |
Such taxes when and how re-imbursed.
|WHEREAS divers evil disposed persons on the frontiers of this commonwealth had broken out into an open insurrection and conspiracy, and actually levied war against the commonwealth, and it is represented to the present general assembly, that William Campbell, Walter Crockett, and other liege subjects of the commonwealth, aided by detachments of the militia and volunteers from the county of Washington, and other parts of the frontiers did by timely and effectual exertion, suppress and defeat such conspiracy: And whereas the necessary measures taken for that purpose may not be strictly warranted by law, although justifiable from the immediate urgency and imminence of the danger: Be it therefore declared and enacted, That the said William Campbell, Walter Crockett, and all other persons whatsoever concerned in suppressing the said conspiracy and insurrection, or in advising, issuing, or executing any orders or measures taken for that purpose, stand indemnified and clearly exonerated of, and from all pains, penalties, prosecutions, actions, suits, and damages on account thereof: And that if any indictment, prosecution, action, or suit, shall be laid or brought against them, or any of them, for any act or thing done therein, the defendant or defendants may plead in bar, or the general issue, and give this act in evidence.||William Campbell, Walter Crockett, & others indemnified, for suppressing a conspiracy and insurrection.|
| CHAP. XXXV.
An act for establishing several new ferries, and for other purposes.
| [Chan. Rev. p. 116.]|
|I. WHEREAS it is represented to this present general assembly, that publick ferries at the places hereafter mentioned will be of great advantage to travelers and others; Be it therefore enacted, 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 Edward West, in the county of Stafford, across the north fork of the Rappahannock river, to the land of Simon Miller, in the county of Culpeper; the price for a man, one shilling, and for a horse the same. From the land of Gavin Lawson, in the county of Stafford, across Rappahannock river to the land of Fielding Lewis, in the county of Spotsylvania, the price for a man one shilling and sixpence, and for a horse the same; at the town of Boonsborough, in the county of Kentucky, across Kentucky river to the land on the opposite shore, the price for a man three shillings, and for a horse the same; the keeping of which last mentioned ferry and emoluments arising therefrom, are hereby given and granted to Richard Callaway, his heirs or assigns, so long as he or they shall well and faithfully keep the same according to the directions of this act. And for the transportation of wheel carriages, tobacco, cattle, and other beasts, at the places aforesaid, the ferry-keeper may demand and take the following rates, that is to say: For every coach, charriot, or waggon, and the driver thereof, the same as for six horses; for every cart, or four wheel chaise, and the driver thereof, the same as for four horses; for every two wheel chaise, or chair, the same as for two horses; for every hogshead 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 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|| New ferries over the Rappahannock and Kentucky established.
|of any thing whatsoever, he shall, for every such offence, forfeit and pay to the party grieved, the ferriages demanded or received, and ten shillings; to be recovered with costs before a justice of peace of the county where such offence shall be committed.|
|II. And be it farther enacted, That so much of an act of assembly passed in the year one thousand seven hundred and seventy six, as compels James Bowie the younger, his heirs or assigns, to set over the ferry from the publick landing at the town of Port Royal, in the county of Caroline, across Rappahannock river to the land of Francis Conway; all such foot passengers as may incline to cross without demanding or receiving any ferriage for the same, shall be, and the same is hereby repealed.||Privilege of foot passengers at Bowie's ferry, at Port Royal abolished.|
|III. And be it farther enacted, That so much of an act of assembly passed in the year one thousand seven hundred and seventy-eight, as establishes a ferry from the land of Abraham Shepherd, in the county of Berkeley, over Potowmack river to the land of Thomas Swearingen, in the state of Maryland, shall be, and the same is hereby repealed.||Ferry over the Potomac, at Shepherd's town, discontinued.|
Chan. Rev. p. 117.]
|I. BE it enacted by the General Assembly, That so much of the act entitled "An act for the support of the clergy, and for the regular collecting and paying the parish levies," and of all and every other act or acts providing salaries for the ministers, and authorizing the vestries to levy the same, shall be, and the same is hereby repealed.||All acts providing salaries for ministers, repealed.|
|II. Provided nevertheless, That the vestries of the several parishes, where the same hath not been already done, may, and they are hereby authorized and required, at such time as they shall appoint, to levy and assess on all tithables within their respective parishes, all such salaries and arrears of salaries as were due to the ministers or incumbents of their parishes for services to the first day of January, in the year one thousand seven hundred and seventy seven; moreover to make such assessments on all tithables as will enable the said vestries to comply with their legal engagements entered into before the same day; and lastly, to continue such future provision for the poor in their respective parishes as they have hitherto by law been accustomed to make, and levy the same in the manner heretofore directed by law; any thing in this act to the contrary, or seeming to the contrary notwithstanding.||Vestries empowered to levy & make assessments for salaries in arrear; for complying with legal engagements; and providing for parish poor.|
|Pages 153-176||Pages 198-219|