|Pages 130-146||Pages 167-184|
|CHAP. XXII.||[Ch. CXVII in original.]|
|I. WHEREAS it is represented to this present general assembly, that William Kennon, being in his lifetime seized in fee of about two thousand two hundred acres of land, lying in the county of Charles city, and dying so seized, leaving several daughters to whom the said lands descended as coheiresses: And whereas it is represented that the said daughters have not any slaves to work the said lands, and that the rents arising therefrom are not sufficient to support and maintain those daughters under age, and that it would be greatly for their benefit if the said lands were sold; and application being made for that purpose, as well by the daughters who are of age, as the guardians of those under age:||Certain lands belonging to the estate of William Kennon deceased, to be sold for the benefit of his children.|
|II. Be it therefore enacted by the General Assembly, That the said tract of land of which the said William Kennon died seized, in the said county of Charles City, containing about two thousand two hundred acres, be, and the same is hereby vested in, John Tyler, William Randolph, and Benjamin Harrison (of Brandon) gentlemen, trustees, to be by them, or any two of them, sold at public auction, in such parcels or lots as they may judge best; the time and place of which sale, to be previously advertised in the Virginia Gazette two months. And the said trustees, or any two of them, are hereby empowered to convey the said lands to the purchaser, or purchasers, in fee simple; who shall thenceforth hold and enjoy the same, free from the claim of the daughters of the said William Kennon, or either of them, or their heirs, forever. And the said trustees, or any two of them, shall render an account of the sales of the said lands to the county court of Charles City, to be there recorded. And the money arising from such sales shall be paid in equal proportions, after deducting the expences of the sale, to those who are of age, and to the guardians of those who are under age,|
|to be by them placed out to interest, on good and sufficient landed security, to be approved of by the court of the said court of Charles City. Saving to all persons and bodies politic or corporate, their heirs or successors, other than the daughters of the said William Kennon, 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, had this act never been made.|
|[Ch. CXVIII in original.]|
|I. WHEREAS it hath been represented to this present general assembly, that a certain George Kerr died intestate, possessed of several slaves, leaving two sons and one daughter, which said daughter hath since intermarried with William Short, esq; of Surry county, and one of the said sons died also intestate, soon after the death of his said father, and before any appraisement or division of the said slaves took place, whereby, and by the laws of this commonwealth, the said slaves became vested in the heir at law to the said George Kerr, he being subject only to the payment of a proportion of their appraised value to his sister, the wife of the said William Short; and the said heir at law having, previous to the commencement of this war, removed himself from this commonwealth, before any division or appraisement of the said slaves, to some part of the British dominions, and not having since returned, the said slaves have become escheatable to this commonwealth; and the said William Short is lately dead, and by his last will and testament hath devised, that the said negroes shall be equally divided among all his children; his wife, the daughter of the said George Kerr, being also dead;||Slaves of which Geo. Kerr died possessed, & supposed to be escheated to the commonwealth, vested in the children of William Short, dec'd. by the daughter of the said Kerr.|
|II. Be it therefore enacted, That the said slaves, whereof the said George Kerr died possessed, shall be, and the same are hereby declared to be vested in, the children of the said William Short, deceased, according to the form and effect of his said last will and testament, one moiety whereof being nevertheless subject to the claim of the heir at law of the said George Kerr, if it shall be found that he was not a British subject within the meaning of the act "Concerning escheats and forfeitures from British subjects," since the commencement of the present war.|
An act concerning the titles of settlers on lands surveyed for sundry companies.
| Chap. CXIX in original. |
Chan. Rev. pa. 179.
|I. WHEREAS by the act of assembly intituled, "An act for adjusting and settling the titles of claimers to unpatented lands, under the present and former government, previous to the establishment of the commonwealth's land office," the title of settlers on land surveyed for sundry companies by orders of council, were to be adjudged by certain commissioners appointed for that purpose; and that if the parties, their heirs or assigns, to whom such titles shall be adjudged, shall not within six months at farthest, from the time of their respective judgments in their favour, pay or tender to the company to whom the same is due, or their agent, the price and interest so fixed by the commissioners, the title of every person so failing, shall be forfeited, and to all intents and purposes, null and void.||Preamble, reciting provision of act of May 1779, ch. 12, in favour of settlers on lands, surveyed for sundry companies.|
|II. And whereas it is represented to this present general assembly, that from the great scarcity of specie, the persons to whom such titles have been adjudged, have not been able to pay the price of their lands and interest within the time limited by the said act:||Former act, declaring forfeiture of land on non-payment, repealed.|
|Be it therefore enacted, That so much of the said recited act, as respects the forfeiture of the titles of settlers on lands surveyed for any company, shall be, and the same is hereby repealed; and the time limited as above for the settlers to pay the price of their lands, shall be and hereby is prolonged for twelve months, at the end of which time, the said settlers shall be liable to pay the principal and interest due for their lands, upon good and sufficient titles being tendered or made to them; and on failure of such payment, the said land shall be forfeited and revert to the grantees.|| Farther time allowed to pay their money. |
Forfeiture, on non-payment.
|[Chapter CXX in original.]|
|I. WHEREAS Alexander Wodrow, in, and by his last will and testament, bearing date the thirty-first day of October, one thousand seven hundred and seventy-one, among other things directed that his executors should dispose of his whole estate, both real and personal, except his wearing cloaths and riding horse, and from the sales thereof to pay, in the first place, his just debts, and the residue to apply as in the said will is particularly directed: And whereas it is represented to this present assembly, that the executors named in the will of the said Alexander Wodrow, severally refused to take upon them the execution thereof, whereupon administration with the will annexed, was in due form granted to Andrew Wodrow, who hath since sold the personal estate, and also a moiety of two lots in the town of Falmouth, and a tract of land containing two hundred and twelve acres, lying on Rappahannock river, in the county of Stafford, belonging to the said Alexander Wodrow, deceased, and hath applied the money arising from such sales, towards the payment||Sales of two lots in Falmouth, & a tract of land in Stafford, made by Andrew Wodrow, administrator of Alexander Wodrow, confirmed.|
|of his debts: And whereas the said Andrew Wodrow not being authorized to make conveyancers to the purchaser or purchasers of the said lots and land, hath made application to the assembly to pass an act to enable him to do so:|
|II. Be it therefore enacted, That the said Andrew Wodrow shall, and he is hereby authorize and empowered to, execute one or more deed or deeds, for conveying the said lots and land, so as aforesaid sold, to the purchaser or purchasers in fee. Saving to all persons , bodies politic and corporate, other than those claiming under the will of the said Alexander Wodrow, all such right, title, and interest, which they, or any of them, could or might have to the said lots and land had this act never been made. And whereas the said Alexander Wodrow died seized of other lots and lands which by his said will were directed to be sold, and the money arising therefrom to be applied to the payment of his debts, and the residue to be paid, in certain proportions, to persons residing in Great-Britain, and it is judged expedient that the said lands should remain subject to the future direction and disposition of the general assembly:|
|II. Be it therefore enacted, That the said lots and lands of the said Alexander Wodrow, deceased, so remaining unsold, shall be, and the same are hereby vested in, the said Andrew Wodrow, subject, nevertheless, to the future direction of the general assembly.||Other lands of Alexander Wodrow remaining unsold, subject to future direction of general assembly.|
|[Ch. CXXI in original.]|
|I. WHEREAS it hath been represented to this present general assembly, that the public lands, with the buildings thereon, in the city of Williamsburg, commonly||Capitol square and buildings in Williamsburg,|
|called the capitol square, may be usefully employed as a residence for a grammar master, and as a place fit for the tuition and instruction of youth:||vested in the corporation, for 10 years, for a grammar school.|
|II. Be it therefore enacted, That the said lands and the buildings thereon, shall be, and the same are hereby vested in the mayor, recorder, aldermen and common council of the city of Williamsburg, for the term of ten years, and from thence to the end of the next session of assembly, for the purpose of accommodating a grammar master,, and fitting it for the education and instruction of youth, except the room commonly used for the court of admiralty to hold their sessions in, which is still reserved for the public use hereby.|| Except the room for the court of admiralty.|
An act granting pardon to Demsey Butler.
|[Ch. CXXII in original.]|
| I. WHEREAS Demsey Butler, being under sentence of death, and to
remain in the public jail until the next session of assembly:
II. Be it enacted by the General Assembly, That the said Demsey Butler, convicted of treason by judgment of the general court, at their session in October last, is hereby pardoned and exonerated from the penalties of the said judgment, in consequence of a promise of pardon granted him by colonel Josiah Parker, in July one thousand seven hundred and eighty-one, who at that time commanded the militia on the south side of James river.
|Pardon granted to Dimsey Butler, convicted of treason, in consequence of a pardon having been promised him by col. Josiah Parker.|
|CHAP. XXVIII.||Ch. CXXIII in original.|
|I. WHEREAS the courthouse of the county of Henrico, in the city of Richmond, hath been appropriated by the directors of the public buildings, agreeable to the act "For the removal of the seat of government," to the holding of the sessions of the superior courts, and the several periods affixed by law for holding the said sessions, are found to interfere with the monthly sessions of the county and corporation courts, and otherwise to produce delay and inconvenience in the business of the said county and city:||Preamble, reciting the occupation of the court-house, in Richmond, by the superior courts.|
|II. Be it therefore enacted by the General Assembly, That the respective courts of the county and city shall, at the first, or any succeeding court, after the passing of this act, ascertain on what court days throughout the year, the sessions of the said superior courts will interfere with their respective sessions, and thereupon, by order entered of record, direct public notice to be given in the said city and county of the same, and that their sessions on the said days respectively will be held in such place, within the said city, as the said courts may appoint and adjourn to, and shall be in such order particularly named. Provided, That the said courts respectively shall, in no case have or exercise such power of adjournment, except where the periods fixed by law, for holding the sessions of the superior courts, shall actually happen on the days appointed for the holding of their respective courts. And whereas the court-house of the county of Chesterfield, was burnt by the enemy, at a time when the executive council was obliged to remove to the frontiers of this state, and all business with them suspended for a considerable time; but the affairs of the county making it indispensably necessary that the justices of the said county should meet, to do the duty of their appointment, they were under the necessity to transacting such business in a house as nigh to their usual place of meeting as they||Courts of Henrico and city of Richmond authorised to adjourn their courts to a day, when the court-house will not be occupied by the sup. courts.|
|could procure, and doubts may arise whether they could hold a court in any other place but where they had been accustomed to sit.|
|III. Be it enacted, That all proceedings of the said court shall be as valid, and have the same effect, as they would, or might have had, if the said courts had sit in the house formerly made use of for holding courts, and that it shall and may be lawful for the said justices to continue to hold their courts in the same place, or any adjoining place, until their court-house shall be re-built, then to remove their session into it.||Proceedings of the court of Chesterfield, had in a house contiguous to the court-house, lately burnt by the enemy, confirmed.|
An act concerning John Younghusband.
|Ch. CXXIV in original.|
| I. WHEREAS it is represented that John Younghusband, a native of
Great-Britain, manifested at an early period of the present war, a firm attachment to the cause
of the United States of America, and treated some of the citizens of this commonwealth, while in
captivity and distress, with hospitality and friendship; and he hath petitioned this assembly for
permission to reside in, and become a citizen of this state;
II. Be it therefore enacted by the General Assembly, That the said John Younghusband shall, upon taking the oaths of allegiance and fidelity to the commonwealth, be entitled to, and have and enjoy the same previleges, immunities, and advantages, as the other citizens of this state.
|John Younghusband, a native of G. Britain, having evinced at an early attachment to the cause of the United States, and treated some citizens of this commonwealth, while in captivity and distress, with hospitality and friendship permitted to return and become a citizen.|
|CHAP. XXX.||Ch. CXXV in original.|
|I. WHEREAS it is represented to this general assembly, that James Buchanan, late of the town of Falmouth, in the county of Stafford, merchant, was seized in fee simple of and in two improved lots in the said town; that in the year one thousand seven hundred and seventy-seven, the said James Buchanan died intestate, and without issue, his heir at law being a subject of Great Britain, whereby the said lots became escheatable to the commonwealth; that Anne Buchanan, the widow of the said James Buchanan, was at the time of his death, and yet continues in a very infirm state, both of body and mind, and that the administration of the said James Buchanan's estate was granted by the court of the said county of Stafford, to Mr. Isaac Hite of Frederick county, who has proceeded in part to execute the trust committed to him, but not having made a final settlement of his accounts, it remains uncertain whether the personal estate of the deceased, will be sufficient to pay his debts; and it being reasonable that the widow should be supported out of the estate of her deceased husband, and that his just debts should be paid:||Lots of Jas. Buchanan, in Falmouth, vested in Isaac Hite, for the use of Anne Buchanan, his widow.|
|II. Be it enacted, That the several laws concerning escheats and forfeitures from British subjects, so far as the same respect the said lots, shall be suspended during the life of the said Anne Buchanan; and that the said lots shall be vested in the said Isaac Hite and his heirs, for the use of the said Anne Buchanan, during her life. Provided always, That the said Isaac Hite or his heirs, shall be authorized and empowered, in case the personal estate of the said James Buchanan shall prove insufficient to pay his debts, to sell so much of the said lots as shall be sufficient for that purpose, and to convey the same to the purchaser or purchasers thereof, in fee simple; saving to all persons, bodies politic and corporate (other than this commonwealth,||Lots may be sold, if personal estate insufficient for payment of debts.|
|or the heirs of the said James Buchanan, (being British subjects) all their right and title to the said lots, and to every part of them.|
|[Chapter CXXVI in original.]|
|I. BE it enacted by the General Assembly, That it shall and may be lawful, and the mayor, recorder, and aldermen, of the city of Richmond, are hereby required to elect, by ballot, two of the common councilmen of the said city, to the office of aldermen; who upon taking an oath or affirmation before the court, for the faithful discharge thereof, shall have the same powers and authority as those already elected to that office. That in all triennial elections, as directed by the act "For incorporating the town of Richmond," there shall be elected six aldermen. The court of hustings in the city of Richmond, and court of hustings in the town of Alexandria, shall be, and are hereby constituted, courts of record, and as such to receive probate of wills and deeds, and grant administrations, in as full and ample manner as the county courts by law can, or may do.|| Two additional aldermen, for city of Richmond how elected. Six aldermen to be
elected at triennial elections. |
Court of hustings of Richmond & Alexandria declared courts of record.
|II. Provided always, and be it further enacted, That no will shall be admitted to proof or record in the said courts, nor shall the said courts grant administration, unless the testator, or intestate, as the case may be, was resident within the limits of the jurisdiction of the said courts at the time of his or her death; nor shall any deed, whereby lands are conveyed, be admitted to proof or record in the said courts, unless such lands lie within the limits as aforesaid.||Restriction as to proof of wills and deeds.|
|III. And be it further enacted, That the mayor and commonality of the said city and town respectively, are hereby authorized to affix their common seal to all transactions, and that due faith and credence shall||Common seal of Richmond and Alexandria, how affixed, & its authenticity.|
| thereupon be given and paid to the same. that the powers given by law, to the directors
of the public buildings in the said city, for improving the navigation of James river, and
turning Shockœ creek into is old channel, by subscription, shall be, and the same are
hereby, transferred to, and vested in the corporation.
IV. And be it further enacted, That it shall and may be lawful for the said corporation to raise, by way of lottery, such a sum of money as they may think adequate to the expence of erecting a stone bridge over Shockœ creek.
| Powers of directors of public buildings, to improve navigation
of Shockoe creek, transferred to corporation of Richmond. |
|V. And be it further enacted, That the corporation in the borough of Norfolk shall, and they are hereby empowered to, make the following alterations in the streets of the said borough, that is to say; the Main street from town point to Hutchings's to be widened five feet on each side thereof, Market street to be continued from the county wharf to the creek, Catharine street to be widened five feet on each side thereof. Church street to be continued in a direct line with the southern wall of the church-yard, down to the river, and be sixty feet wide, and that Water street run in a direct line from the west side of town point wharf to the eastward of John Hutchings's wharf. And to prevent disputes which may arise, touching the limits of the said borough upon the river;||Corporation of Norfolk authorized to make certain alterations in Main street, Market street, Catharine street, and Church street.|
|VI. Be it further enacted, That the said limits shall be bounded as followeth, to wit: Beginning at the north-west corner of town point wharf, running the course of the said wharf south, sixty-eight degrees east, to north-west corner of Jameson's wharf; thence south seventy-two degrees east, to Maximilian Calvert's wharf; thence south seventy-five degrees, east, to north-west corner of Hutchings's wharf; thence south eight degrees east, to the east corner of the said wharf.||Limits of borough of Norfolk defined.|
|VII. And be it further enacted, That the mayor, recorder, and aldermen of the said borough, shall cause the damage or injury which any person or persons may sustain by having their lands taken for the purposes of widening and extending the said streets, to be ascertained by good and lawful men upon oath, and to assess the property in the said borough to the amount of such damage or injury, to be paid to the persons entitled thereto. Provided always, That the said corporation shall not remove or cause to be removed, any||Damages to individuals in borough of Norfolk, by alterations in streets, how estimated & paid.|
|houses or parts of houses for widening and extending the said streets, before the first day of May, one thousand seven hundred and ninety: that the court of hustings in the said borough shall have jurisdiction of all criminal cases arising within the said borough, in as full and ample manner as the county courts.||Jurisdiction of court of hustings of Norfolk in criminal cases.|
|VIII. And be it further enacted, That five acres of land adjoining the borough of Winchester, the property of Thomas Edmondson, shall be, and the same are hereby annexed to the said borough, and shall be laid off into lots of half an acre each, and sold and conveyed by the said Thomas Edmondson, subject to the rules, orders, regulations and laws of the corporation of the town of Winchester.||Certain lots of Thomas Edmondson, annexed to town of Winchester.|
|IX. And whereas the day appointed for holding a court of hustings in the town of Alexandria, is found inconvenient to persons attending the said court;|
|X. Be it therefore enacted, That from and after the first day of February next, a court of hustings shall be held in the said town on the Thursday next after the third Monday in every month. So much of all and every act or acts as is contrary to, or within the purview of this act, is hereby repealed.||Court day of hustings court of Alexandria altered.|
|[Chapter CXXVII in original.]|
|I. WHEREAS by an act of general assembly, passed under the former government, trustees were appointed and empowered, together with the Nottoway Indian chiefs, to sell and convey all the lands belonging to that tribe of Indians, lying on the north side of Nottoway river. That at a sale of the said lands Edwin Gray became the purchaser of thirty acres, which remained after laying off a certain number of lots, and for which no conveyance was executed before the death of the trustees. And the said Edwin Gray hath made||Certain persons appointed to convey land to Edwin Gray, purchased at a sale of the lands of the Nottoway Indians.|
|application to this assembly to pass an act, appointing persons, in the room of the trustees so dead, to execute a conveyance for the said thirty acres of land.|
|II. Be it therefore enacted, That John Thomas Blow, Henry Westbrooke, and Thomas Edmunds, or any two of them, shall, and they are hereby authorized and required, together with the surviving Indian chiefs of the Nottoway tribe, to execute a deed of conveyance for the said thirty acres of land, to the said Edwin Gray, in fee. And whereas by one other act of assembly passed under the former government, persons were appointed to lease certain lands belonging to the said Indians, and to receive and lay out the rents arising therefrom, for the benefit of the said Indians: And it being represented that all, or the major part of the said trustees, are dead, and that it is necessary to appoint others:|
|III. Be it therefore enacted, That the said John Thomas Blow, Henry Westbrooke, and Thomas Edmunds, shall be, and they are hereby appointed, trustees also for receiving annually the said rents, and lying out the same, for the benefit of the said Indians. That upon the death of any of the said trustees, the court of the said county of Southampton shall have power, and they are hereby required to appoint others, who shall have the same powers, in collecting and lying out the said rents, as those particularly named in this act.||Additional trustees appointed to lease out lands of Nottoway Indians.|
|[Chap. CXXVIII in original.]|
|[Chan. Rev. p. 179.]|
|I. WHEREAS by the laws of this commonwealth, no entry for vacant and unappropriated lands can be made with any person except the principal surveyor of the county in which such vacant and unappropriated land lies, and in many of the counties on the eastern||Preamble.|
|waters great inconveniencies have arisen from having no surveyor, nor any person residing within the county willing to undertake the office: Be it therefore enacted, That where the court of any county on the eastern waters shall recommend any person, not resident in their county, to the governor and council, who shall be found qualified by the president and masters of William and Mary college, to execute the office of surveyor, the governor may, and he is hereby authorized to, commission such person in the same manner as if he was actually resident within the county from which such recommendation came; and when thus commissioned as surveyor, such person may and shall act and do in all respects as the surveyor of such county. And where any person shall hold a warrant from the land office, or be desirous to make an entry in any county on the said eastern waters for vacant and unappropriated land, and there shall be no surveyor qualified to act in such county, then it shall and may be lawful for such person to make such entry with the clerk of the county court, and the same surveyed by any legal surveyor to the next or neighbouring county, shall be good and sufficient to enable such person to obtain a patent or grant therefor.|| |
Surveyors on eastern waters may be non-residents.
Entries may be made with clerk, where no surveyor.
|II. And be it further enacted, That it shall and may be lawful for the principal surveyor of any county within this commonwealth, to appoint one deputy, for whose conduct the principal shall be answerable; who shall, in the absence or indisposition of such principal, keep the office, and transact the business of the same, in the same manner as such principal surveyor might have done.||Principal surveyor may appoint a deputy.|
|III. And whereas the death of the right honorable Thomas Lord Fairfax, may occasion great inconvenience to those who may incline to make entries for vacant lands in the Northern Neck: Be it therefore further enacted, That all entries made with the surveyors of the counties within the Northern Neck, and returned to the office formerly kept by the said Thomas Lord Fairfax, shall be held, deemed, and taken, as good and valid in law as those heretofore made under the direction of the said Thomas Lord Fairfax, until some mode shall be taken up and adopted by the general assembly concerning the territory of the Northern Neck.||Entries in the Northern Neck, how made.|
|CHAP. XXXV.||Ch. CXXVII in original.|
| Chan. Rev. pa 180.|
See May, 1782, ch. 23.
|I. BE it enacted by the General Assembly, That the commissioners appointed under the act for defending and protecting the trade of Chesapeake bay, shall, and they are hereby empowered and required, to sell and dispose of the ship Cormorant, with her appurtenances, in such manner and upon such conditions, as they may judge best, and the money arising therefrom, to be by the said commissioners applied towards building and fitting out other vessels more proper for the defence of the trade of the said bay.||Sale of ship Cormorant, directed.|
|II. And be it further enacted, That the several and respective naval officers within this commonwealth, shall receive from each captain or commander of any vessel at the time of their entrance or clearance, one shilling for every seaman and mariner on board his vessel, an account of which each and every captain is hereby required to render upon oath, and pay to such naval officer, before he shall be permitted to clear or enter his vessel, to be accounted for and paid by the said naval officers in like manner and under the same penalties and forfeitures as is directed and prescribed in the case of other duties; and that the money arising from the duty aforesaid, shall be applied towards building and supporting an hospital for disabled seamen and mariners.|| Tax on seamen and mariners. |
For an hospital.
|III. And to the end that the officers, seamen, and mariners, may be punctually paid their wages, Be it enacted, that the said commissioners shall fix certain days and a particular place for paying the said wages once in three months, at which time and place the same shall be paid to each respective officer, seaman, and mariner. In case any officer, seaman, or mariner, shall fail to attend as aforesaid to receive his wages, the same shall be paid whenever afterwards demanded. If any officer, seaman, or mariner, be killed in action with the enemy, his widow and children shall receive the wages due at the time of his death. And that all||Wages of seamen, how to be paid.|
|officers, seamen, and mariners, or their representatives, shall be entitled to the same bounty in lands and other emoluments as the officers and soldiers of the Virginia line on continental establishment.||Land bounty to officers, seamen, and marines.|
|IV. And be it further enacted, That the executive shall direct a court to be held to consist of not less than three experienced officers in the naval department, for the purpose of enquiring into the abilities and fitness of the several officers belonging to the navy, and the said court shall certify their proceedings to the executive, who are empowered and required to discharge such of the said officers as shall appear expedient to them; and the governor with advice of council shall have power to commission, on recommendation from the commissioners, any other officers that may be judged necessary and proper.||Their fitness to be enquired into.|
|Ch. CXXVIII in original.|
|I. WHEREAS an act passed the last session of assembly for the seizure and condemnation of British goods found on land, but the operation thereof was suspended until the other states of the Union should pass similar laws, which suspension has been found productive of a ruinous and shameful clandestine trade with the enemies of this commonwealth, to the destruction of fair and open commerce: In remedy whereof,||Act for seizure & condemnation of British goods found on land, to go into immediate opertion.|
|II. Be it enacted, That from and after the first day of April next, the said recited act shall be held and deemed to be in full and absolute force, any thing therein contained to the contrary notwithstanding.|
|CHAP. XXXVI.||Ch. CXXIX in original.|
| Chan. Rev. p. 180.]|
See ch 48.
|I. FOR the better collecting and paying the fees which are now due, or may hereafter become due, to the clerks of the court of appeals, high court of chancery, and general court, Be it enacted, That the clerk of each of the said courts shall annually before the first day of may, deliver, or cause to be delivered, to the sheriff of every county within this commonwealth, their accounts of fees due from any person residing therein, which shall be signed by the said clerks. −− And the sheriff is hereby empowered and required to receive such accounts, and to collect, levy, and receive, the several quantities of tobacco therein charged, of the persons chargeable therewith; and if such person or persons, after the said fees shall be demanded, shall refuse or delay to pay the same until after the first day of July in any year, the sheriff of that county wherein such person inhabits, shall have full power, and he is hereby required, to make distress and sale of the slaves or goods and chattels of the party so refusing or delaying payment. That the sheriff of every county shall, on or before the fifteenth day of September in every year, account with each of the said clerks for all fees put into his hands pursuant to this act, and pay the same to them at their offices in Richmond, or in such other place as the treasury may be kept in at the time of the payment, abating ten per cent for collecting. And if any sheriff shall refuse or neglect to account or pay the whole account of fees put into his hands after the deduction aforesaid is made, together with an allowance of what is charged to persons not dwelling, or having no visible estate, in his county, of which insolvencies an account shall be made out upon oath; it shall and may be lawful for each of the said clerks, upon a motion made to the next succeeding general court, on the twentieth day thereof, to demand judgment against such sheriff, for all fees wherewith he shall be chargeable by virtue of|| When the accounts of fees to be delivered by clerks of superior
When to be collected.
When to be accounted for.
Commissions for collection.
|this act; and such court, without any other notice being given of such motion than is given by this act, is hereby authorized and required to give judgment accordingly, in which no attorney's fees shall be taxes, and thereupon to award execution, upon which the clerk shall endorse "that no security is to be taken;" and upon such motion, which the said court may, if they see cause, continue to any other day of the court, or until the next court, the sheriff's receipt given for the said fees shall be admitted as full and complete evidence of the amount thereof put into his hands to collect.|
|II. And be it further enacted, That so much of all and every act or acts of assembly as comes within the purview of this act, be, and the same is hereby repealed.||Repealing clause.|
|[Ch. cxxx in original.]|
|I. WHEREAS it is represented to this present assembly, that a seminary is formed in the county of Rockbridge, and that it will greatly promote the purposes of its institution to incorporate the same with certain privileges; and the general assembly being ever disposed to give aid and encouragement to seminaries of learning, do enact, That the said academy shall be, and the same is hereby stiled Liberty Hall Academy. That the reverend William Graham, rector, Arthur Campbell, William Christian, Andrew Moore, William Alexander, Joseph Walker, Alexander Campbell, John Wilson, John Trimble, John Hays, John Bowyer, Samuel M'Dowell, George Moffett, William M'Kee, James M'Cockle, Samuel Lyle, Archibald Steward, the reverend Caleb Wallace, John Montgomery and||Liberty Hall Academy in the county of Rockbridge incorporated.|
|William Wilson, and their successors, are hereby constituted a body politic and corporate, by the name of the rector and trustees of Liberty Hall Academy; and by that name shall have perpetual succession and a common seal. And that they and their successors, by the name aforesaid, shall be able and capable in law to have, purchase, receive, possess, enjoy and retain to them and their successors forever, any lands, tenements, rents, goods or chattels of what kind soever, which shall be given to, or purchased by them, for the use of the said academy; and the same to sell, grant, demise, alien, or dispose of, in such manner as to them may appear most for the advantage of the said academy: And by the same name to sue and implead, be sued and impleaded, answer and be answered in all courts of law or equity, and from time to time, under their common seal, to make and establish such bye-laws, rules and ordinances, not contrary to the constitution or laws of this commonwealth, as by them shall be thought necessary for the good order and government of the professors, masters and students of the said academy: That the said rector and trustees, or any six of them, are hereby authorized and required to meet at the said academy, on some day to be appointed by the rector, before the first day of March next, and then and there elect and commission, under their common seal, such number of professors, masters and tutors as they may think necessary for the instruction of the students, and the same to remove for the good cause shewn; provided that no professor, master or tutor shall be admissible without first taking the oath of fidelity to the commonwealth; and annually to grant to such students, as in their opinion merit the same, testimonials under the common seal, and signed by the rector and three of the trustees at least, reciting their literary degrees. the rector and trustees, or a majority of them, shall elect by ballot, a treasurer for the said academy, who shall give bond and security for the faithful discharge of his office and the trust reposed in him; and shall, when required by the said corporation, render an account of all monies, goods and other chattels, received or expended on account of and for the use of the said academy; and on failure or refusal, shall be subject to the like proceedings as is prescribed by law.|| Style of corporation.|
Professors, masters and tutors.
|in the case of sheriffs failing to account for and pay the public taxes. The said trustees, or a majority of them, are hereby empowered, upon good cause to them shewn, to remove or suspend the rector, and supply such vacancy. Upon the death, resignation or refusal to act, of the rector or any of the said trustees, it shall be lawful for the remaining trustees, or a majority of them, to supply such vacancies; and the rector and trustees so elected, shall have the same powers and authority as those particularly named in this act. The rector, with the advice of three of the trustees, shall have power to call a meeting of the trustees. The rector and trustees, before they enter upon the execution of the trust reposed in them by this act, shall severally take the following oath or affirmation, to be administered by a justice of the peace of the said county of Rockbridge, and by him certified to the court of the said county, there to be recorded, that is to say, "I A. B. do swear (or affirm) that I will to the best of my skill and judgment, faithfully and truly discharge the duties required of me by an act, intituled, 'An act for incorporating the rector and trustees of Liberty Hall Academy,' without favor, affection, or partiality So help me God."|| Oath of officers. |
|II. And be it further enacted, That the rector, professors, masters and tutors, duly elected for, and bona fide acting as such in the said academy, and in all other seminaries and public schools, and also all students thereof, under the age of twenty-one years, shall be, and are hereby exempted from military duty. All property, real and personal, now belonging to the said academy, is hereby transferred to, and vested in the said corporation for the benefit of the said academy.||Professors and students in that, and in all other seminaries, and public schools, exempted from military duty.|
|Pages 130-146||Pages 167-184|