|Pages 247-264||Pages 281-297|
| CHAP. XXII.
An act directing the auditors to issue warrants in certain cases.
| [Chapter CLXVI in original.]|
[Chan. Rev. p. 203.]
|I. BE it enacted by the General Assembly, That the auditors shall, yearly, issue to such of the officers of the state line and navy as are by law entitled to half pay, their warrants for the same.||Auditors to issue warrants, for half pay, to officers of state line & navy.|
|II. And be it further enacted, That the auditors shall make a return of the amount of the said warrants to the next session of assembly, or as soon after as may be, that adequate funds may be provided for the discharge thereof.||To return amount to next assembly.|
An act giving certain powers to the trustees of the town of Portsmouth.
|[Chap. CLXVII in original.]|
|I. WHEREAS it is represented to this present general assembly, by the inhabitants of the town of Portsmouth, that it would tend greatly to their advantage were the trustees thereof empowered to levy a tax annually on the tithables and real property therein, to be appropriated towards public improvements, and also empowered to make certain other regulations in the said town:||Preamble.|
|II. Be it therefore enacted, That the trustees of the said town, or any four of them, being a majority, shall, and they are hereby empowered and required, in the month of January annually, to assess the freeholders and inhabitants of the said town, so as such assessment do not exceed three shillings for every tithable, and one and an half per centum on the valuation of the real property therein; the said trustees, or the major part of them, shall annually appoint a collector of the said|| Trustees of town of Portsmouth authorised to assess taxes on
To appoint a collector.
|tax, who shall give bond with sufficient security, in double the sum to be by him collected, for the due and faithful collecting, accounting for, and paying the said tax to the said trustees, or to such person or persons as they shall direct and appoint, who shall receive a commission of two and an half per centum for his trouble in collecting and paying the same. If any person shall neglect or refuse to pay the tax imposed by virtue off this act, within ten days after the same shall be demanded, it shall then be lawful for the collector to make distress and sale then be lawful for the collector to make distress and sale of the goods and chattels of the person or persons so neglecting or refusing, or so much thereof as shall be sufficient to pay the said tax, in the same manner as is by law directed in the case of county and parish levies; and if other sufficient distress cannot be made, it shall be lawful for the collector to distrain and sell the lot of any person as is by law directed in the case of non-payment of pnblic taxes. The said trustees, or the major part of them, are hereby empowered to contract and agree with any person or persons for erecting a market-house, and shall have power, for erecting a market-house, and shall have power, from time to time, to regulate the same; and moreover contract with any person or persons for repairing the streets, and making such other public improvements as to them shall seem necessary and proper. If the trustees shall fail to apply the taxes for the purposes of this act, each trustee shall forfeit and pay the sum of two hundred pounds; to be recovered, with costs, by information in any court within this commonwealth, to the use of the informer; and moreover be thereafter disabled from acting as a trustee. If the collector shall fail to account for, and pay the taxes by the time fixed by the trustees for the payment thereof, it shall be lawful for the court of Norfolk county, upon motion of the said trustees, to give judgment against such collector or his security, for the amount of the said taxes, and ten per centum interest thereon till paid, with costs, and thereupon to award execution; provided the collector or security has ten days previous notice of such motion. 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 January next, be found|| Power of distress.|
To erect a market house.
Hogs belonging to inhabitants of the town not to run at large therein.
|running or going at large within the said limits, it shall be lawful for any person whatsoever to kill and destroy every such swine. 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.|
|Ch. CLXVIII in original.|
Repealed, post c. 43.
| I. WHEREAS no provision hath been made for advancing three months
pay to the troops of this state's line of continental soldiers, lately arrived in the city of
Richmond, and daily expected therein, from the southern army:
II. Be it therefore enacted, That out of the fund appropriated for the defence of the bay of Chesapeake, and also out of that arising under the law for recruiting this state's quota of troops to serve in the army of the United States, there shall be so much money paid by the treasurer, to the orders of the executive, as shall be sufficient for the purpose of compleating three months pay to the soldiers now in this city, and such others of the said line as may arrive therein from the southern army.
|3 months pay advanced to the soldiers of this state, on continental establishment, from the southern army.|
|[Chapter CLXIX in original.]|
|I. WHEREAS it has been impracticable for the auditors of public accounts to settle the claims against this state, agreeable to the directions of an act, intituled, "an act for auditing certain public claims;" and the business assigned to the auditors, under the act aforesaid, has been placed in the hands of commissioners, whereby the creditors of the public may be prevented from receiving warrants for the same until the first day of January next;||Preamble.|
|II. Be it enacted, That the collection of the taxes imposed by an act, intituled, "an act for calling in and redeeming certain certificates," which by an act of the last session of assembly was postponed until the first day of August next, shall be, and the same is hereby further postponed until the first day of February next. Provided, That any sheriff whose time may expire before the first day of November next, and who may have given bond with security for the collection of the said taxes, such bond shall be cancelled; and the sheriff succeeding in office, in like manner, give bond with security, agreeable to the said act. And whereas by the said last recited act, the courts of every county were required, before the month of November last, to take bond of the sheriff, with sufficient security, in the penalty of ten thousand pounds, payable to the treasurer of this commonwealth, conditioned for the true and faithful collecting, paying, and accounting for, all taxes in his county, imposed by the said act; which bond was omitted to be taken of the sheriffs in several counties:|| Collections if taxes postponed. |
Provisions as to sheriffs bonds.
|III. Be it enacted, That the court of every county where the sheriff has not entered into such bond, for the collection of the said taxes, shall, before the first day of January next, take bond of the sheriff, with sufficient security, as in and by the said act is directed; which said bond shall be recorded in the court of the county where the same is taken, and an attested copy||New bonds by sheriffs.|
|thereof shall be transmitted by the respective clerks, without delay, to the auditors of public accounts, and admitted as evidence in any suit or proceeding founded thereon.|
|IV. And be it enacted, That all free male persons, and also all slaves, who have been, or shall be, by the county courts exempted from payment of taxes under the revenue law, on account of age or infirmity, shall be exempted also from payment of the capitation tax imposed by the said recited act.||Exempts from taxation.|
|V. And be it further enacted, That the tax of one per cent. on the valuation of land, by the said act imposed, shall be regulated and collected according to the equalized value thereof, as the same has been charged by the examiners appointed under the act of the last session of assembly, intituled, "An act for equalizing the land tax." And whereas it is represented to this present general assembly, that the examiners, under the act aforesaid, have committed mistakes in extending the amount of the sums due by the respective persons, on the estimate of the quantity of land belonging to each, at the price so by them equalized;||Tax on land, how regulated.|
|VI. Be it enacted, That the county commissioners shall, and they hereby are required, to estimate every charge in the books to them committed; and where it shall appear that any mistake has been made by the examiners aforesaid, the said commissioners shall, and they are hereby required to correct the same in the lists by them delivered or to be delivered to the respective sheriffs for the collection of the present year, and to transmit to the auditors an account of their proceedings herein, on or before the first day of November next, to enable them to make corresponding entries in the books returned by the examiners, and to settle with the sheriffs for the sums by them actually received; for which the commissioners of each county shall be allowed the sum of four pounds, to be paid by the treasurer on the auditors warrants, as their other fees are; all which warrants shall be receivable by the sheriff in payment of taxes.||County commissioners to correct mistakes of examiners, under the equalizing law, in the extension of taxes.|
| CHAP. XXVI.
An act for establishing a town in the county of Princess Anne.
|[Ch. CLXX in original.]|
|I. BE it enacted by the General Assembly, That sixty acres of land lying at the place commonly called and known by the name of Kemp's Landing, in the county of Princess Anne, be, and the same is hereby vested in, John Thoroughgood, Anthony Lawson, William Wishart, John Ackiss, Lemuel Thoroughgood, Lemuel Cornick, John Haycock, and Joel Cornick, gentlemen, trustees, to be by them, or any five of them, laid out into lots of half an acre each, with convenient streets; which shall be, and the same is hereby established a town, by the name of Kempsville. That so soon as the said sixty acres of land shall be so laid off into lots and streets, the said trustees, or any five of them, shall proceed to sell the same at public auction, for the best price that can be had, the time and place of which sale shall be previously advertised for one month in the Virginia Gazette; the purchasers to hold the said lots respectively, subject to the condition of building on each of the said lots a dwelling house twenty feet square at least, with a brick chimney, to be finished fit for habitation within three years from the day of sale; and the said trustees, or any five of them, shall, and they are hereby empowered, to convey the said lots to the purchases thereof, in fee simple, subject to the condition aforesaid, and pay the money arising from the sale thereof to the proprietor or proprietors thereof, or their legal representatives. The said trustees, or any five of them, shall have power, from time to time, to settle and determine all disputes concerning the bounds of the lots, and to establish such rules and orders for the regular building of houses thereon as to them shall seem best and convenient; and that in case of the death, removal out of the county, or other legal disability, of any one or more of the said trustees, it shall be lawful for the surviving or remaining trustees, to elect and choose so many other persons, in the room of those dead or disabled, as shall make up the number eight; which trustees, so|| Town of Kemsville, in Princess Anne county,
Lots, how disposed of.
Power of trustees.
|chosen, shall, to all intents and purposes, be vested with the same powers and authority as any other in this act particularly nominated and appointed. That the purchasers of the lots in the said town, so soon as they shall have built upon and saved the same, according to the conditions of their respective deeds of conveyance, shall then be entitled to, and have and enjoy, all the rights, privileges, and immunities, which the freeholders and inhabitants of other towns, not incorporated, hold and enjoy. If the purchaser of any lot shall fail to build thereon, within the time before limited, the said trustees, or the major part of them, may thereupon enter into such lot, and sell the same again, and apply the money for the benefit of the inhabitants of the said town. Provided always, That nothing herein contained shall be construed or taken, so as to authorize the said trustees to sell any lot in the said town, which shall be built upon according to the directions of this act, nor to remove any dwelling-house, store, or kitchen, within less than fifteen years from the passing of this act.|| |
Privileges of inhabitants.
|[Chapter CLXXI in original.]|
|[Chan. Rev. p. 204.]|
|I. WHEREAS by the operation of an act, intituled, "an act declaring tenants of lands or slaves in taille, to hold the same in fee simple;" the conditional provisions made by many persons for the several branches of their families may be defeated, and the estates intended as such provisions become escheated to the commonwealth: For remedy whereof, Be it enacted, That all estates in lands or slaves, which by virtue of the said act have become, or shall hereafter become||Lands or slaves escheated, in consequence of the act destroying entails, to go according to the donation.|
|escheatable to the commonwealth, for defect of blood, shall descend and be deemed to have descended, agreeable to the limitations of the deed or will creating such estates. Provided always, That nothing in this act contained shall be construed to restrain any tenant of such lands or slaves from selling, or conveying the same by deed, in his or her life-time, or disposing thereof by his or her last will and testament; and that all such estates shall remain liable to the debts of the tenants, in the same manner as lands and slaves held in fee simple. Provided also, that this act shall not extend to any lands or slaves which have been escheated and sold for the use of the commonwealth.|| Not to restrain the tenant from conveying, nor exempt from debts.|
An act for incorporating the trustees of Hampden-Sydney.
|[Chapter CLXXII in original.]|
|I. WHEREAS it is represented to the present general assembly, that an academy has been founded in the county of Prince Edward, and which hath been supported by the generous donations of a few public spirited citizens for several years past; but that in order to make the advantages arising therefrom more permanent and diffusive, certain privileges are essentially necessary for conducting the same in future to greater advantage; and this assembly, warmly impressed with the important advantages arising to every free state by diffusing useful knowledge amongst its citizens, and desirous of giving their patronage and support to such seminaries of learning as may appear to them calculated to promote this great object:||Preamble.|
|II. Do hereby enact, That from and after the passing of this act, the said academy shall obtain the name and be called the college of Hampden-Sydney, and that the Rev. John Blair Smith, Patrick Henry, William Cabell, senior, Paul Carrington, Robert Lawson, James Madison, John Nash, Nathaniel Venable, Everard Meade, Joel Watkins, James Venable, Francis Watkins,||Hampden Sydney academy incorporated by the name of the College of Hampden Sydney.|
|John Morton, William Morton, Thomas Reade, William Booker, Thomas Scott, senior, James Allen, Charles Allen, Samuel Woodson Venable, Joseph Parke, Richard Foster, Peter Johnston, the Rev. Richard Sankey, the Rev. John Todd, the Rev. David Rice, and the Rev. Archibald M'Roberts, and their successors, are hereby constituted a body politic and corporate, by the name of the president and trustees of Hampden-Sydney college, who 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 possess, purchase, receive, and retain to them and their successors for ever, any lands, tenements, rents, goods, or chattels of any kind whatsoever, which may have been given already, or shall in future be given or purchased by them for the use of the said college, and the same to dispose of in whatsoever manner they shall adjudge most beneficial for the use thereof; and by the same name to sue and implead, be sued and impleaded, answer and be answered, in all courts of law and equity, and form time to time, under their common seal, to make and establish such bye-laws, rules, and ordinances, not being 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 college.|| Trustees appointed.|
Style of corporation.
|III. And be it further enacted, That the said president and trustees, or any seven of them, shall have full power and authority to meet at such times as they shall think necessary, for the examination of any candidates for literary degrees, and they are hereby empowered and authorized to confer those degrees on such students as in their opinion shall merit the same, in as ample a manner as any other college in America can do, and to grant testimonials thereof, under their common seal, signed by the president and five of the trustees at least; and that the president and trustees, or any seven of them, are hereby authorized and required to meet at the said college, on some day to be appointed by the president, on or before the first day of October next, and then and there to elect and commission, under their common seal, such professors and masters as they shall judge necessary for the purposes of the institution. And that in order to preserve in the minds of the||Power of trustees to confer degrees.|
|students, that sacred love and attachment which they should ever bear to the principles of the present glorious revolution, the greatest care and caution shall be used in electing such professors and masters, to the end that no person shall be so elected unless the uniform tenor of his conduct manifests to the world his sincere affection for the liberty and independence of the United States of America.||Caution to elect professors and masters, attached to the principles of the revolution.|
|IV. And be it further enacted, That the president and trustees, or any ten of them, shall elect by ballot a treasurer for the said college, who shall give bond and security, payable to the trustees and their successors, for the faithful discharge of the trust reposed in them; and shall, when required by the corporation, render an account of all monies, goods, and other chattels, received and expended by him on account of, and for the use of the said college; and on failure or refusal so to do, shall be subject to the like proceedings as are prescribed by law in the case of sheriffs failing to account for, and pay into the tresuary, the public taxes in their hands.|| |
Treasurer for colleges, how elected and qualified.
|V. And be it further enacted, That the said trustees, or a majority of them, shall have power to remove or suspend the president, or any or all of the masters, at any time, on good cause shewn, and to supply the vacancy occasioned by such removal from office; and upon the death, resignation, or refusal to act of the president or any of the trustees, or when there shall be a vacancy in any of the professorships, it shall be lawful for the remaining trustees, or a majority of them, to supply the same by new elections; it shall be also lawful for the president, or in case of death, resignation, or refusal in him to act, the professors and masters for the time being, or a majority of them, to call a meeting of the trustees, when he or they (as the case may be) shall see cause so do to. Provided nevertheless, That the president 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 Prince Edward, 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|| |
Power of trustees to remove officers.
Vacancies how supplied.
Meetings of trustees, how called.
Oath of officers.
|'An act for incorporating the trustees of Hampden Sydney,' without favour, affection, or partiality. So help me God." And that the clerk of the said court for entering the same shall receive of the trustees the sum of one Spanish milled dollar.|
|[Chapter CLXXIII in original.]|
|[Chan. Rev. p. 204.]|
|I. WHEREAS in consequence of the destruction of the court-house of the county of the county of Cumberland by fire, the justices of the said county convened and held a monthly meeting of the court, in the month of February last, at the place where the said court-house formerly stood, and proceeded to the business before them, without any previous adjournment of time or place, and doubts have arisen whether the proceedings then and there had by the said court are not thereby rendered illegal; Be it therefore enacted by the General Assembly, That the proceedings of the justices of the said county court of Cumberland, at a court by them held in the month of February last, at the place aforesaid, shall be, and the same are hereby declared to be valid and effectual in law, in like manner as if the same had been held and done with due adjournment of time and place.||Court house of Cumberland county having been burnt, proceedings of subsequent court legalized.|
|II. And for preventing inconveniencies which might otherwise result from the like accidents, Be it further enacted, That where the court-house of any county hath been, or may be destroyed or rendered unfit for use, the court of the county, or a majority of them, shall be, and they are hereby authorized, to hold their sessions at any place they may appoint, until such court-house can be rebuilt or repaired.||Any court whose court-house is burnt, may sit elsewhere.|
| CHAP. XXX.
An act directing the enlistment of guards for the public prison and stores.
| [Chapter CLXXIV in original.]|
Chan. Rev. pa. 204.
|I. WHEREAS it is necessary that proper guards should be kept at this time over the public prison and certain places where public stores are deposited, and it is meant by this assembly to take measures for relieving the militia from such duty as soon as possible: Be it therefore enacted, That it shall and may be lawful for the governor, with advice of council, to cause as many men, not exceeding twenty-five, with proper officers, to be enlisted as guards for public service, as he, the said governor, with advice of council, may deem necessary, and may retain the same in service so long as the public exigencies may require. Provided always, that if the delegates representing this state in general congress, shall, on application, procure such a number of the soldiers of the line of this state, enlisted for three years in the continental army, as may be sufficient for the purpose aforesaid, then the said guards, and officers enlisted to command the same, shall be discharged.|| Preamble.|
Governor & council to enlist guards.
|[Chapter CLXXV in original.]|
|I. WHEREAS it hath been represented to this assembly, by John Campbell, lately returned from captivity, that in his absence an act of assembly, passed in the year one thousand seven hundred and eighty, "For establishing the town of Louisville, in the county of Jefferson," whereby one thousand acres of land,||Sale of certain lands whereon town of Louisville, in Kentucky laid out, and|
|then supposed to be the property of John Connolly, was directed to be laid out into lots and streets, and the money arising from the sale thereof to be paid into the treasury: And whereas the said one thousand acres of land was, at the time of passing the said act, under a mortgage to the said John Campbell and one Joseph Simon, as a security for the payment of four hundred and fifty pounds Pennsylvania currency, due to them from the said John Connolly: And whereas other one thousand acres contiguous thereto, said to be the property of the said John Campbell, but then supposed to belong to the said John Connolly, together with the said one thousand acres on which the said town was established, were escheated whilst the said Campbell was in captivity, and are now liable to be sold under the act "Concerning escheats and forfeitures from British subjects," whereby great injury may accrue to the said John Campbell:||contiguous thereto, escheated as the property of John Connolly, but mortgaged to John Campbell & Joseph Simon, suspended.|
|II. Be it therefore enacted, That all further proceedings respecting the sale of the said lots and lands shall be, and the same are hereby suspended until the end of the next session of the general assembly.|
An act to amend an act intituled An act concerning the appointment of sheriffs.
| [Chapter CLXXVI in original.]|
[Chan.Rev. p. 204.]
|I. WHEREAS by an act, intituled, "An act concerning the appointment of sheriffs," it is enacted, that the court of every county within this commonwealth, shall annually between the last day of March and the last day of May, nominate to the governor or chief magistrate for the time being, two persons named in the commission of the peace for their county, one of which persons so nominated, shall be commissioned by the governor to execute the office of sheriff of that county; and shall qualify to his commission at the court to be held for the county in November, or if no court shall||Preamble.|
| be then held, or he shall be unable to attend, at the next succeeding court; which, in
one instance, is contrary to the constitution or form of government, and in another,
unnecessarily abridges the time which sheriffs were by law authorized to continue in office.
Be it therefore enacted, That the said act, so far as it directs the county courts of this
commonwealth annually, to nominate to the governor or chief magistrate for the time being, two
persons named in the commission of the peace for their county, and that one of those persons, so
nominated, shall be commissioned by the governor, to execute the office of sheriff of that
county, shall be, and the same is hereby repealed.
II. And be it further enacted, That the courts of the several counties of this commonwealth, shall nominate sheriffs in the months of April or May, in all cases where heretofore they ought to have been nominated in the month of August; and the sheriffs so nominated shall be commissioned by the governor, in manner as by the said act is directed.
| So much of former act as directs county courts to nominate
two persons, annually, in commission of peace, one of whom to be commissioned as sheriff,
When courts are to nominate for sheriffs.
|III. Be it further enacted, That where the justices of any county or counties have neglected to nominate sheriffs, between the last day of March and the first day of June, in the present year, agreeable to the directions of the said act, it shall and may be lawful for such justices, at their respective courts to be held for the month of August or September next, to nominate sheriffs in the same manner as if the said act had never passed.|
|CHAP. XXXIII.||[Chapter CLXXVII in original.]|
|I. WHEREAS it hath been represented to this present general assembly, that the present vestry of the parish of Lynnhaven, in the county of Princess Anne, have not been elected by the freeholders and housekeepers of the said parish, and that for the last two years a vestry for the said parish has not been held, whereby the poor have been neglected and much distressed: For remedy whereof,||Vestry of parish of Lynnhaven, in county of Princess Anne dissolved, and new vestry to be elected.|
|II. Be it enacted, That the vestry of the said parish of Lynnhaven be, and the same is hereby dissolved.|
|III. And be it further enacted, That the freeholders and housekeepers of the said parish of Lynnhaven, shall, before the thirty first day of August next, meet at some convenient time and place, to be appointed and publicly advertised by the sheriff of the said county of Princess Anne, at least one month before such meeting and then and there elect twelve of the most able and discreet persons, being freeholders and residents in the said parish, for vestrymen; which vestrymen, so elected, having in the court of the said county of Princess Anne, taken the oaths prescribed by law, shall to all intents and purposes be deemed and taken to be the vestry of the said parish of Lynnhaven.|| |
|IV. And be it further enacted, That the vestry to be elected by virtue of this act, shall levy and assess upon the tithable persons of the said parish of Lynnhaven, all such sums of money and quantities of tobacco as ought to have been levied and assessed by the said vestry. Provided nevertheless, That notwithstanding any thing in this act contained, any suit or suits brought by or against the vestry or church wardens of the said parish, and now depending, may be prosecuted in the same manner as if this act had never been made.|
|CHAP. XXXIV.||[Chapter CLXXVIII in original.]|
|I. WHEREAS it is essential to the independence of the members of the general assembly, and to the due discharge of their duty, that they should receive the money deemed by law necessary for their subsistence while on public service. And whereas the funds for the payment of the same are inadequate, and those for defending the bay and recruiting the army are not now applicable to the purposes for which they were raised;||Preamble.|
|II. Be it therefore enacted by the General Assembly, and it [is] hereby enacted by the authority of the same, That the treasurer shall pay three-fourths of the amount of the warrants issued to each member of this assembly for their services during the present session, out of the monies levied for the defence of the bay, and for recruiting this states quota of troops to serve in the army of the United States. And whereas the laws now in force for recruiting this state's quota of troops, to serve in the army of the United States, direct the monies to be levied for that purpose to be paid in to the receipt or order of the executive, for the more speedy and effectual purpose of recruiting the army, which is now no longer necessary,||Three fourths of the wages of the members of assembly to be paid for the present.|
|III. Be it enacted, That the executive shall direct all the monies that have been or shall be so as aforesaid paid into the receipt or order of the governor and council, where the same hath not been applied to the purpose of recruiting, to be paid into the public treasury.||Monies levied for recruiting services, to be paid into treasury, instead of to order of executive.|
|IV. And be it further enacted, That the chaplain, the clerks, and the other officers of the two houses of assembly, shall also be entitled to receive the sum of seven shillings and sixpence per day each, in part of their wages, out of the said appropriated fund.|
|Pages 247-264||Pages 281-297|