|Pages 299-319||Pages 340-359|
|CHAP. XIII.||[Chapter CC in original.]|
|An act to amend an act, for establishing pilots and regulating their fees.|| [Chan. Rev. p. 212.]|
See May 1783, ch. I.
|I. WHEREAS it is represented to this present general assembly, that the prices allowed for pilotage of vessels, by the act, intituled, "An act for establishing pilots and regulating their fees," are inadequate to their services, Be it therefore enacted, That every pilot may demand and take for each vessel, drawing upwards of ten feet water, one fifth more in addition to the sums respectively allowed by the foot in the said recited act. That instead of two pilots only being in partnership, as by the said act is directed it shall and may be lawful for any number of pilots, not exceeding four, to be in partnership.|| Preamble. |
Rates of pilotage increased for large vessels.
Four pilots may be in partnership.
|[Chapter CXI in original.]|
|I. WHEREAS it is represented to this present assembly, that five thousand six hundred and ninety six pounds of tobacco was due to Henry Tyler deceased, from the county of Stafford, for public services by him in his life-time performed as clerk of the court of the said county, whilst the same was composed of the entire parishes of St. Paul and Overwharton, and that before the same could be levied by the said court, an act of the general assembly passed for altering and establishing the boundaries of the counties of Stafford and King George, by which the said parish of St. Paul, and part of the said parish of Overwharton, was||Court of Stafford county authorized to levy, upon the parishes of St. Paul, and Overwharton, tobacco due to Henry Tyler late clerk.|
|added to the said county of King George, so that the said tobacco cannot be levied without the interposition and direction of the legislature:|
|II. Be it therefore enacted, That it shall be lawful for the court of the said county of Stafford, and they are hereby required at the laying their next county levy, to levy the said tobacco on the tithables of the said parishes of St. Paul and Overwharton, in the same manner as they could or might have done before the passing of the said recited act. The sheriff or collector of the said county of Stafford shall collect and account for the said tobacco in like manner as is prescribed in the case of county and parish levies.|
An act for repealing in part the act for establishing the town of Louisville.
|[Chap. CCII in original.]|
|I. WHEREAS John Campbell and John Connolly being seized as tenants in common, of and in four thousand acres of land, lying at the falls of the Ohio river, did, on the sixth of February, one thousand seven hundred and seventy six, execute each to the other a deed of partition of the said land, whereby the said John Connolly was to take one thousand acres at the upper end, and one other thousand acres at the lower end of the said tract, as his purpart. And whereas the said John Connolly was to take one thousand acres at the lower end of the said tract, as his purpart. And whereas the said John Connolly being considerably indebted to the said John Campbell and Joseph Simon, and as a security for the payment thereof, did by deed bearing date the seventh day of February, one thousand seven hundred and seventy-six, mortgage to them the said two thousand acres of land. And whereas in May session, one thousand seven hundred and eighty, an act passed for laying off one thousand acres of land, then supposed to be the forfeited property of the said John Connolly,||Preamble.|
|into lots and streets, and which was established a town by the name of Louisville. And whereas it is represented to this present general assembly, by the said John Campbell, that partition lines have not been run for ascertaining the bounds between his and the said Connolly's land; and that the sum for which the said Connolly mortgages his moiety of the said land, together with interest thereon, is still due to the said John Campbell and Joseph Simon, and it being unjust to take from them that security of the land so mortgaged by the said Connolly for the payment of his debt and interest.|
|II. Be it therefore enacted, That the act of assembly for establishing the town of Louisville at the falls of Ohio, so far as it affects the property of the said John Campbell and Joseph Simon, shall be, and the same is hereby repealed; and that no act, matter, or thing, had or done in virtue of the said act, shall be construed, deemed, or taken to affect or prejudice the title of the said John Campbell and Joseph Simon to the land aforesaid.||So much of an act for establishing town of Louisville, in Kentucky, as affects the lands of John Campbell, & Joseph Simon repealed.|
|III. And be it further enacted, That the surveyor of the county of Jefferson shall run the partition lines between the said John Campbell and John Connolly, according to the division lines described in the said deed of partition.||Surveyor of Jefferson county to run partition lines between John Campbell & John Connolly.|
|[Ch. CCIII. in original.]|
|An act for the admission of emigrants and declaring their right to citizenship.|| [Chan. Rev. pa. 213.]|
See vol. 10, pa. 129.
|I. WHEREAS it is the policy of all infant states to encourage population, among other means, by an easy mode for the admission of foreigners to the rights of citizenship; yet wisdom and safety suggest the propriety of guarding against the introduction of secret enemies, and of keeping the offices of government in the hands of citizens intimately acquainted with the spirit||Preamble.|
|of the constitution and the genius of the people, as well as permanently attached to the common interest: Be it therefore enacted by the General Assembly, That all free persons, born within the territory of this commonwealth; all persons not being natives, who have obtained a right to citizenship under the act intituled "An act declaring who shall be deemed citizens of this commonwealth;" and also all children wheresoever born, whose fathers or mothers are or were citizens at the time of the birth of such children, shall be deemed citizens of this commonwealth, until they relinquish that character in manner herein after mentioned; and that all persons, other than alien enemies, who shall migrate into this state, and shall before some court of record give satisfactory proof by oath (or being quakers or menonists, by affirmation) that they intend to reside therein, and also take the legal oath, or affirmation, for giving assurance of fidelity to the commonwealth (which oaths, or affirmations, the clerk of the court shall enter on recorded, and give a certificate thereof to the person taking the same, for which he shall receive the fee of one dollar) shall be entitled to all the rights, privileges, and advantages of citizens, except that they shall not be capable of election or appointment to any office, legislative, executive, or judiciary, until an actual residence in the state of two years from the time of taking such oaths, or affirmations, as aforesaid, nor until they shall have evinced a permanent attachment to the state, by having intermarried with a citizen of this commonwealth, or a citizen of any other of the United States, or purchased lands to the value of one hundred pounds therein.|| |
Who shall be deemed citizens of this commonwealth.
Citizenship, how acquired.
When they may hold offices.
|II. Provided always, and be it further enacted, That no person whatsoever, having or holding any place or pension from any foreign state or potentate, shall be eligible to any office, legislative, executive, or judiciary, within this commonwealth.||Exception as to those holding place or pension under foreign prince or potentate.|
|III. And in order to preserve to the citizens of this commonwealth, that natural right which all men have of relinquishing the society in which birth or accident may have thrown them, and of seeking subsistence and happiness elsewhere, and to declare explicitly what shall be deemed evidence of an intention in any citizen to exercise that right; Be it further enacted, That whensoever any citizen of this commonwealth, shall, by|| How a citizen may expatriate himself.|
|deed in writing, under his hand and seal, executed in the presence of, and subscribed by three witnesses, and by them or two of them proved in the general court, or the court of the county wherein he resides, or by open verbal declaration made in either of the said courts (to be by them entered of record) declare that he relinquishes the character of a citizen, and shall depart out of this commonwealth; such person shall, from the time of his departure, be considered as having exercised his right of expatriation, and shall thenceforth be deemed no citizen.|
|IV. And be it further enacted, That the act of assembly passed in the year one thousand seven hundred and seventy nine, intituled, "An act declaring who shall be deemed citizens of this commonwealth, shall be, and the same is hereby repealed."||Repeal of act of May 1779, ch. 55.|
|[Ch. CCIV in original.]|
|Chan. Rev. pa. 213.|
|I. WHEREAS it is just and necessary to prevent the admission into this state of those persons, who being either citizens or natives of some of the United States, have withdrawn themselves from their country, and actually been in arms, aiding and abetting the common enemy in their endeavours to subvert the rights and liberties of America: Be it therefore enacted, That all persons who having accepted a military commission from the United States, or any of them, or who having taken the oath of fidelity to any of the United States, or who having been natives of, or residents in any of the United States, on the nineteenth day of April, in the year one thousand seven hundred and seventy five, or at any time since, have at any time during the late war voluntarily joined themselves to the fleets or armies of the king of Great Britain, and have borne arms|| Preamble. |
Description of persons prohibited from migrating into this commonwealth, or becoming citizens.
|against the United States, or any of them, within their territories or on their coasts, or who being inhabitants of any of the United States, on the nineteenth day of April, one thousand seven hundred and seventy-five, or at any time since, and have been owner, or part owners, of any privateer, or other armed vessel cruising against the United States, or any of them, shall be, and they are hereby prohibited from migrating to, or becoming citizens of this state.|
|II. And be it further enacted, That all and every person or persons, who at any time acted as a member of the board, commonly called the Board of Refugee Commissioners at New-York, or who hath acted under the authority, or by the direction of the said board, shall be, and they are hereby prohibited from migrating to, or becoming citizens of this state.||Refugees prohibited.|
|III. That all persons resident in this or any other of the United States, on the said nineteenth day of April, and not included in the above descriptions, who are at present prohibited by law from migrating to this state, shall be, and they are hereby permitted to migrate into, and enjoy all the rights of citizenship, except that they shall not be capable of voting for members to either house of assembly, or of holding or exercising any office of trust or profit, civil or military: Provided, That nothing herein contained shall be construed so as to contravene the treaty of peace with Great Britain, lately concluded.|| All other former residents allowed to
return, but not to vote in elections or hold offices.|
Not to contravene treaty of peace.
|IV. And be it further enacted, That full and ample protection shall be given to all persons who shall come into this commonwealth upon lawful business, except those who are prohibited by this act from migrating into this state.||Protection to all, not prohibited, coming on lawful business.|
|V. And be it further enacted, That the act intituled "An act to prohibit intercourse with, and the admission of, British subjects into this state," and also so much of every other act or acts of assembly, as comes within the meaning of this act, shall be, and the same are hereby repealed.||Repeal of former act.|
|CHAP. XVIII.||[Chap. CCV in original.]|
|Chan. Rev. pa. 214.|
|I. WHEREAS the congress of the United States did, by their act of the sixth day of September, in the year one thousand seven hundred and eighty,* recommend to the several states in the union, having claims to waste and unappropriated lands in the western country, a liberal cession to the United States of a portion of their respective claims for the common benefit of the union.|| |
See vol 10, pa. 562, 564, particularly the note to pa. 565, on our resolution, for ceding the north western territory.
|II. And whereas this commonwealth did, on the second day of January, in the year one thousand seven hundred and eighty one,* yield to the congress of the United States, for the benefit of the said states, all right, title, and claim, which the said commonwealth had to the territory north-west of the river Ohio, subject to the conditions annexed to the said act of cession.||See also the deed of cession, at the end of this volume.|
|III. And whereas the United States in congress assembled, have by their act of the thirteenth of September last, stipulated the terms on which they agree to accept the cession of this state, should the legislature approve thereof, which terms, although they do not come fully up to the propositions of this commonwealth, are conceived on the whole, to approach so nearly to them, as to induce this state to accept thereof, in full confidence that congress will, in justice to this state for the liberal cession she hath made, earnestly press upon the other states claiming large tracts of waste and uncultivated territory, the propriety of making cessions equally liberal for the common benefit and support of the union: Be it enacted by the General Assembly, That it shall and may be lawful for the delegates of this state to the Congress of the United States, or such of them as shall be assembled in congress, and the said delegates, or such of them so assembled, are|| Delegates in Congress, empowered to convey to U. States, the
|hereby fully authorized and empowered, for an on behalf of this state, by proper deeds or instrument in writing, under their hands and seals, to convey, transfer, assign, and make over unto the United States in congress assembled, for the benefit of the said states, all right, title, and claim, as well of soil as jurisdiction, which this commonwealth hath to the territory or tract of country within the limits of the Virginia charter, situate, lying, and being to the north-west of the river Ohio, subject to the terms and conditions contained in the before recited act of congress of the thirteenth day of September last, that is to say: Upon condition that the territory so ceded shall be laid out and formed into states, containing a suitable extent of territory, not less than one hundred, nor more than one hundred and fifty miles square, or as near thereto as circumstances will admit; and that the states so formed, shall be distinct republican states, and admitted members of the fœderal union, having the same rights of sovereignty, freedom, and independence, as the other states; that the necessary and reasonable expences incurred by this state in subduing any British posts, or in maintaining forts or garrisons within and for the defence, or in acquiring any part of the territory so ceded and relinquished, shall be fully reimbursed by the United States; and that one commissioner shall be appointed by congress, one by this commonwealth, and another by those two commissioners, who, or a majority of them, shall be authorized and empowered to adjust and liquidate the account of the necessary and reasonable expences incurred by this state, which they shall judge to be comprized within the intent and meaning of the act of congress of the tenth of October, one thousand seven hundred and eighty, respecting such expences. That the French and Canadian inhabitants, and other settlers of the Kaskaskies, St. Vincents, and the neighbouring villages, who have professed themselves citizens of Virginia, shall have their possessions and titles confirmed to them, and be protected in the enjoyment of their rights and liberties. That a quantity not exceeding one hundred and fifty thousand acres of land, promised by this state, shall be allowed and granted to the then colonel, now general George Rogers Clarke, and to the offices and soldiers of his regiment, who marched with him when the posts of Kaskaskies and St. Vincents|| Conditions.|
Reservation, in favour of French and Canadian inhabitants, settlers at Kaskaskies and St. Vincents, and gen. George Rog. Clarke his officers and men.
|were reduced, and to the officers and soldiers that have been since incorporated into the said regiment; to be laid off in one tract, the length of which not to exceed double the breadth, in such place on the north-west side of the Ohio as a majority of the officers shall choose, and to be afterwards divided among the said officers and soldiers in due proportion, according to the laws of Virginia. That in case the quantity of good lands on the south-east side of the Ohio, upon the waters of Cumberland river, and between the Green river and Tenisee river, which have been reserved by law for the Virginia troops upon continental establishment, should, from the North Carolina line bearing in further upon the Cumberland lands than was expected, prove insufficient for their legal bounties, the deficiency should be made up to the said troops in good lands to be laid off between the rivers Scioto and Little Miami, on the north-west side of the river Ohio, in such proportions as have been engaged to them by the laws of Virginia. That all the lands within the territory so ceded to the United States, and not reserved for or appropriated to any of the before mentioned purposes, or disposed of in bounties to the officers and soldiers of the American army, shall be considered a common fund for the use and benefit of such of the Unites States as have become, or shall become members of the confederation or fœderal alliance of the said states, Virginia inclusive, according to their usual respective proportions in the general charge and expenditure, and shall be faithfully and bona fide disposed of for that purpose, and for no other use or purpose whatsoever. Provided, that the trust hereby reposed in the delegates of this state shall not be executed unless three of them, at least, are present in congress.|| All the lands ceded to be a common fund for the members if
the fœderal alliance, and for no other use.|
Three members at least to execute the trust.
|CHAP. XIX.||[Chapter CCVI in original.]|
|An act to oblige vessels coming from foreign parts to perform quarantine.|| [From Rev. bills of 1779, chap. 78.]|
[Chan. Rev. p. 214]
|I. WHEREAS it is necessary to compel vessels arriving in this country from foreign parts of the world, to perform quarantine in certain cases, Be it enacted by the General Assembly, That vessels, persons, and merchandize, coming or brought into any place within this commonwealth, from any other part of the world, whence the governor with advice of his council shall judge it probable that any plague or other infectious disease may be brought, shall be obliged to make their quarantine in such place, during such time, and in such manner, as shall be directed by the governor, by his order in council, notified by proclamation, to be published in the Virginia Gazette; and until they shall be discharged from the quarantine, no such persons or merchandize shall come or be brought on shore, or go or be put on board of any other vessel in the commonwealth, but in such manner, in such cases, and by such licence, as shall be permitted by the order; and the vessels and persons receiving goods out of her, shall be subject to the orders concerning quarantine, and for preventing infection which shall be made by the governor in council and notified as aforesaid. The master of a vessel coming from sea, on board of which there shall be a person infected with the plague or other pestilential disease, shall immediately make the case known to some naval officer, who shall send intelligence thereof with all speed to the governor, that measures may be taken for support of the crew, and precautions used to prevent the spreading of the infection; and the master shall not enter into any port but shall remain in some open road, and shall avoid and hinder all intercourse with other vessels or persons; nor shall any of the passengers or crew go on shore until the order of the governor in council shall be received by the master. Whosoever shall offend against this act in either or any of the forementioned instances, shall be amerced the sum of five hundred pounds. When a place shall be infected with the plague or other pestilential disease, or when|| Quarantine in foreign vessels, may be prescribed by governor in
conncil by proclamation.|
Rules for observing quarantine.
Penalty for breach. Enquiry when vessels come from infected placcs.
|the governor with advice of the council, shall have notified by proclamation published in the Virginia gazette, that it is judged probable the plague or other pestilential disease may be brought from any place, if a vessel from such place shall be coming into a port of the commonwoalth; the naval-officer, or person who shall be authorized to see quarantine performed, shall go off or cause some other to go off to the vessel, and at a convenient distance require the commander to declare what is his name, at what places the cargo was taken on board, at what places the vessel touched in her passage, whether any of those places were infected with the plague or any other pestilential disease, how long the vessel had been in her passage, how many persons were on board when she set sail, whether any on board during the voyage had been infected with the plague or other pestilential disease, and who they are, how many died in the voyage, and of what distemper, what vessels he or any of his company with his privity went on board of, and whether any of their company had been on board of his vessel in their voyage, and to what places those vessels belonged, and what are the contents of his lading. And if it shall appear by the examination that the vessel ought to perform quarantine, the officers of the ships of war and forts and garrisons, or other officers civil or military of the commonwealth, having notice thereof, and other persons called to their assistance, may force such vessel by violence, and if necessary by firing guns at her, to go to the place appointed for quarantine. The master of a vessel coming from a place infected with the plague or other pestilential disease, or having any person on board so infected, who shall conceal it, or who shall not give true answers to the questions so to be propounded to him, shall be amerced the sum of five hundred pounds. The master of a vessel ordered to perform quarantine, when he shall be required, after his arrival at the place appointed, shall deliver to the officer authorized to see it performed there, the bills of health and manifests he shall have received during the voyage, with his log-book and journal; and refusing or neglecting so to do, or to repair in convenient time after notice to the place appointed, or escaping from thence before quarantine performed, shall be amerced the sum of five hundred pounds. Persons ordered to|| Various penalties.|
|perform quarantine, if they shall escape, may be compelled to return, or if they shall attempt to escape, may be detained by the persons who shall be authorized to see the qurantine performed, and who may employ force and call for the assistance of others, if it be necessary, for this purpose. Any person going on board a vessel or into a place under quarantine, without license from the superintendant thereof, may be compelled to remain there, in the same manner as he might have been if he had been one of the crew of the vessel. A naval officer, or person authorized to execute an order concerning quarantine, guilty of wilful beach or neglect of duty, shall be amerced the sum of one thousand pounds. And any person embezzling or wilfully damaging goods performing quarantine under his direction, shall be liable to the party injured for treble the value of the damages sustained thereby. The vessel, persons, and goods, after quarantine performed, certificate thereof, and that they are free from infection, being given by the superintendant, shall be no further restrained by virtue of this act. A person authorized to see quarantine performed, or a watchman upon any vessel, place, or goods under quarantine, deserting his duty, or willingly permitting a person, vessel, or goods, to depart, or be coneyed away from the place where the quarantine ought to be performed, without a lawful licence; or a person empowered to give a certificate of the performance of quarantine, knowingly giving a false certificate, shall be amerced the sum of one hundred pounds. The forfeitures inflicted by this act shall be to the use of the commonwealth, and shall be recovered by action of debt, in which action the defendant shall be ruled to give special bail.|
|II. And be it further enacted, That the governor in council, shall direct the auditors to issue their warrants on the treasurer for such sums of money as may be necessary for the support of the persons performing quarantine and those appointed to see it performed, who is directed to pay the same out of the public money in his hands, appropriated to defray the contingent charges of government, and shall be repaid by the master or owner of the vessel, after quarantine performed.||Expences, how defrayed.|
|CHAP. XX.||[Ch. CCVII in original.]|
|I. WHEREAS the opening a communication of the waters of Elizabeth river with those of North river, will be of great benefit and advantage, as well to the inhabitants of the interior parts of this state as those of the state of North-Carolina, and it is represented to this present assembly that many persons are willing and desirous to subscribe and contribute thereto: For the encouragement therefore of so useful an undertaking,|
|II. Be it enacted, That Thomas Brown, George Kelley, Peter Singleton, Josiah Parker, William White, James Hunter, John King, Daniel Sandford, and Solomon Shepherd, gentlemen, are hereby respectively authorized and empowered to take and receive subscriptions for that purpose. And if any person or persons shall neglect, fail, or refuse to pay the several sums of money by them respectively subscribed for the purposes of this act, it shall and may be lawful for the said trustees for opening the said communication.||Trustees appointed to receive subscriptions for cutting a navigable canal, from Elizabeth river to North river.|
|III. And be it further enacted, That the said trustees, or the major part of them, shall have full power and authority to contract and agree with any person or persons for opening the said communication for the passage of vessels, in such manner as to the said trustees shall seem most proper; and it shall and may be lawful for the said trustees, or any person or persons employed by them in the execution of this act, to go on the lands of any person whatsoever, and to dig, cut out, and open such canals or aqueducts, for the passage of the waters of the said rivers, and to build and place such locks therein as they shall think proper, without being subject to any action for the same; and if any suit shall be commenced for any thing to be done in pursuance of this act, the person or persons sued may plead the general issue, and give this act in|
|evidence; and every court before whom such suit shall be prosecuted, where a verdict shall be found for the defendant, or the plaintiff shall be nonsuited, shall award judgment for the defendant, with treble costs. Provided always, That the lands through which such canal or aqueduct is proposed to be opened, shall be first viewed and valued by a jury to be empannelled and sworn by order of the court of the county where such lands lie, on application of the trustees, in the same manner as is by law directed in cases of petitions preferred for land to build a mill on, and to be paid for by the said trustees, before such proposed canal or aqueduct shall be cut or opened.|
|IV. And be it further enacted, That the said trustees, or the major part of them, from time to time, as often as they shall see occasion, shall and may appoint a person or persons to act as treasurer or treasurers, who shall in the court of the county where he or they shall reside, give bond with sufficient security, in a reasonable penalty, payable to the said trustees and their successors, at all times when required, render a true and faithful account to the said trustees of all monies which shall come to his or their hands, and pay the same to such person or persons as the said trustees, or the major part of them, shall order and direct.|
|V. And be it further enacted, That in case of the death, resignation, removal out of the country, or other legal disability, or [of] any one or more of the trustees nominated in this act, it shall and may be lawful for the surviving or remaining trustees, or any five of them, from time to time, to elect and choose so many other persons in the room of those so dead, resigning, removing, [removed,] or disabled, as shall make up the number of nine; which trustees so chosen, shall be vested with the same power and authority as any other in this act particularly named. And to prevent disputes concerning the place where the said canal shall be cut,|
|VI. Be it enacted, That John Coleman, Joel Watkins, James Wall, James Mason, Samuel Goode, Isaac Coles, and Andrew Meade, gentlemen, or any four of them, are hereby appointed commissioners; and they, or any four of them, are hereby required, as soon as may be, to view and fix on the place where the said canal or aqueduct shall be cut or opened, and that it|
|shall not be lawfvl for a canal or aqueduct to be cut or opened in any other place within the counties of Princess Anne or Norfolk.|
|VII. And be it further enacted, That the trustees, or the major part of them, shall and may exact, demand and receive, a toll from all vessels entering into or passing through the said canal, so as such toll do not annually exceed ten per centum on the amount of the money expended in opening ten per centum on the amount of the money expended in opening the said canal; and if any person or persons entering into or passing through the said canal, shall neglect or refuse to make present payment of the toll, it shall and may be lawful for the said trustees, or any person deputed by them for that purpose, to stop such vessel, and seize and sell so much of the loading or tackle as will be sufficient to pay the toll. If any person shall presume to exact a greater toll than is fixed by the trustees, or shall make unreasonable seizure, he shall for every offence forfeit and pay the sum of twenty pounds, to be recovered with costs by information in any court, to the use of the informer, and moreover be liable to the action of the party grieved for damages.|
|VIII. And be it further enacted, That it shall not be lawful for any person whatsoever to erect, raise or build, any hedge or stop in the said canal; and if any person shall presume so to do, he or they so offending, shall forfeit and pay the sum of one hundred pounds; which shall and may be sued for and recovered by the said trustees in their names, and shall be applied towards repairing the said canal.|
|CHAP. XXI.||[Ch. CCVIII in original.]|
|Chan. Rev. pa. 215.|
|I. FOR locating and surveying the one hundred and fifty thousand acres of land granted by a resolution of assembly to colonel George Rogers Clark, and the officers and soldiers who assisted in the reduction of the British posts in the Illinois:* Be it enacted by the General Assembly, That William Fleming, John Edwards, John Campbell, Walker Daniel, gentlemen, and George Rogers Clark, John Montgomery, Abraham Chaplin, John Bailey, Robert Todd, and William Clarke, officers in the Illinois regiment, shall be, and they are hereby constituted a board of commissioners; and that they, or the major part of them, shall settle and determine the claims to land under the said resolution. That the respective claimants shall give in their claims to the said commissioners on or before the first day of April, one thousand seven hundred and eighty-four, and if approved and allowed, shall pay down to the said commissioners one dollar for every hundred acres of such claim, to enable them to survey and apportion the said lands. The said commissioners shall appoint a principal surveyor, who shall have power to appoint his deputies, to be approved by the said commissioners, and to contract with him for his fees. That from and after the said first day of April, one thousand seven hundred and eighty-four, the said commissioners, or the major part of them, shall proceed with the surveyor to lay off the said one hundred and fifty thousand acres of land, on the north-west side of the Ohio river, the length of which shall not exceed double the breadth; and after laying out one thousand acres at the most convenient place therein for a town, shall proceed to lay out and survey the residue, and divide the same by fair and equal lot among the claimants; but no lot or survey shall exceed five hundred acres. That the said commissioners in their apportionments of the said land, shall govern themselves by the allowances made by law to the officers and soldiers|| |
* See vol. 10, pa. 565.
Commissioners to adjust claims for lands granted to Geo. Rogers Clarke, his officers and men.
When claims to be given in.
Surveyor and deputies to be appointed.
When and how lands shall be surveyed, divided, by lot, patented, and conveyed.
|in the continental army. That the said commissioners shall, as soon as may be, after the said one hundred and forty-nine thousand acres shall be surveyed, cause a plat thereof, certified on oath, to be returned to the register's office, and thereupon a patent shall issue to the said commissioners or the survivors of them, who shall hold the same in trust for the respective claimants; and they or the major part of them, shall thereafter upon application, execute good and sufficient deeds for conveying the several portions of land to the said officers and soldiers.|
|II. And be it further enacted, That a plat of the said one thousand acres of land laid off for a town, shall be returned by the surveyor to the court of the county of Jefferson, to be by the clerk thereof recorded, and thereupon the same shall be, and is hereby vested in William Fleming, John Edwards, John Campbell, Walker Daniel, George Rogers Clark, John Montgomery, Abraham Chaplin, John Bailey, Robert Todd, and William Clark, gentlemen, trustees, to be by them, or any five of them, laid off into lots of half an acre each, with convenient streets and public lots, which shall be and the same is hereby established a town by the name of Clarksville. That after the said lands shall be laid off into lots and streets, the said trustees, or any five of them, shall proceed to sell the same, or so many as they shall judge expedient, at public auction, for the best price that can be had, the time and place of sale being previously advertised two months at the court-houses of the adjacent counties; the purchasers respectively to hold their said lots, subject to the condition of building on each a dwelling-house twenty feet by eighteen at least, with a brick or stone chimney, to be finished within three years from the day of sale; and the said trustees, or any five of them are hereby empowered to convey the said lots to the purchasers thereof in fee simple, subject to the condition aforesaid; and the money arising from such sale shall be applied by the said trustees in such manner as they may judge most beneficial for the inhabitants of the said town; that the said trustees, or the major part of them, shall have power from time to time to settle and determine all disputes concerning the bounds of the said lots, and to settle such rules and orders for the regular building thereon as to them shall|| A town to be laid off named Clarksville.|
Lots to be sold for the benefit of the inhabitants.
|seem best and most convenient; and in case of the death, removal out of the county, or other legal disability, of any of the said trustees, the remaining trustees shall supply such vacancies by electing others from time to time, who shall be vested with the same powers as those particularly nominated in this act. −− The purchasers of the said lots, so soon as they shall have saved the same according to their respective deeds of conveyance, shall have and enjoy all the rights, privileges, and immunities which the freeholders and inhabitants of other towns in this state, not incorporated, hold and enjoy. If the purchaser of any lot shall fail to build thereon within the time before limited, the said the trustees, or a major part of them, may thereupon enter into such lot, and may either sell the same again and apply the money towards repairing the streets, or in any other way for the benefit of the said town, or appropriate such lot to the public use of the inhabitants of the said town.|| Subject to the condition of building thereon, |
and sold again, if forfeited.
|[Chapter CCIX in original.]|
| I. WHEREAS the act of assembly passed in the year one thousand seven
hundred and eighty-one, intituled, "An act for adjusting claims
for property impressed or taken for public service," which was continued and amended by
several subsequent acts, expired on the first day of June last, and it is expedient and necessary
that the same should be revived and amended:
II. Be it therefore enacted, That the act, intituled, "An act for adjusting claims for property impressed or taken for public service," be revived, and shall continue and be in force from and after the passing of this
|Act for adjusting claims for property impressed for public service, further continued.|
|act, until the first day of June next. And whereas doubts have arisen among the county courts, whether they are authorized to take cognizance of certificates of property impressed or furnished for public service, given by continental officers, and thereby various constructions of the several laws on this subject have ensued, which have prevented any uniform system of liquidation:|
|III. Be it therefore enacted, That the county courts of this state shall be, and they are hereby authorized, to settle and adjust claims depending on certificates from continental officers, either of the staff or line, in the same manner as those depending on certificates from the officers in the particular service of this state. Provided, That nothing in this act shall be construed to extend to a species of certificates from the continental quarter-masters, commonly called due-bills, which specify a certain sum to be due to the persons to whom they are given, from the United States.||County courts authorised to act on certificates given by continental officers.|
|IV. And be it further enacted, That all claims which shall in future be passed by the several county courts, shall be returned by the respective clerks thereof to the office of the auditors of public accounts, who are hereby directed to liquidate the same, and grant certificates thereof, in the same manner as they were by them previous to the appointment of commissioners for that purpose.|
|[Chap. CCX in original.]|
|Act of May 1782, authorizing the court of Botetourt county to levy certain arrears, du the rev. Adam Smyth the incumbent of the parish, repealed.|
|three of them, were authorized to assess on the tithable persons of the said parish, a sum sufficient to pay off all arrears that appeared to be due to the rev. Adam Smyth, incumbent thereof. And whereas it appears that the arrearages so due were for services performed prior to the year one thousand seven hundred and seventy-six, at which time the counties of Montgomery, Washington, Greenbrier, and part of Rockbridge, constituted the parish of Botetourt, and it is reasonable that all those who were at that period tithables of said parish should bear the proportion of the said arrears of salary:|
|II. Be it therefore enacted, That the above recited act shall be, and the same is hereby repealed.|
|III. And be it further enacted, That the court of the said county of Botetourt, shall, and they are hereby directed and required, within six months after the passing of this act, to assess on the persons who were tithables in the said parish of Botetourt, according to the lists thereof taken in the year one thousand seven hundred and seventy-six, and yet are residents of [resident in] the said county, or in the counties of Greenbrier, Montgomery, Washington, or Rockbridge, a sum sufficient to pay off the arrears of salary due to the said incumbent, as settled by the commissioners of the tax of the said county of Botetourt. Provided, that the counties of Washington, Montgomery, Rockbridge, and Greenbrier, shall be allowed a discount for their proportion of the value of the glebe in the said parish of Botetourt, which shall be ascertained by two persons chosen by the court of each of the aforesaid counties, before the said county of Botetourt be at liberty to levy the arrears due to the incumbent of the said parish; provided the said apportionment is made before the first day of June next. The respective sheriffs or collectors of the said counties of Botetourt, Greenbrier, Montgomery, Washington, and Rockbridge, are hereby empowered to collect and distrain for all such sums of money as shall be assessed on any of the inhabitants of the said counties by the said court of Botetourt, and shall account for and pay the same in like manner as is directed in the case ofparish levies.|| |
Court of Botetourt county, to levy on the tithables of that county, and the counties of Greenbrier, Montgomery, Washington, & Rockbridge, which constituted Boretourt parish when the said arrearages accrued, the amount thereof.
|Pages 299-319||Pages 340-359|