|Pages 320-339||Pages 361-379|
|CHAP. XXIV.||[Chapter CCXI in original.[|
|[See May, 1783, ch. 41.]|
|I. WHEREAS the act passed at the last session of assembly, intituled, "An act to give further time for the probation of deeds and other instruments of writing, and for other purposes," occasions too great and injurious a change in the rules of evidence and the computation of time for the probation of deeds and other instruments of writing, and in its operation repeals an act, "To discourage extensive credits, and repealing the act prescribing the method of proving book debts," which act was founded on wise and just principles of policy:||Act extending limitation, for probation of deeds, repealed.|
|II. Be it enacted, That the said before recited act, intituled, "An act to give further time for the probation of deeds and other instruments of writing, and for other purposes," shall be, and the same is hereby repealed.|
|III. And be it further enacted, That the judges of the general court, at their sessions in the months of June and December annually, shall have the same power, and they are hereby directed and required, to receive the probat of any deed, or other instrument of writing, in the same manner as they can or may do by law at their sessions in the months of April and October, and to cause the same to be recorded.||General court may receive probat of deeds at June and December terms, as well as at April and October.|
|CHAP. XXV.||[Chapter CCXII in original.]|
|I. WHEREAS the extending the navigation of James river from the land of Nicholas Davies in the county of Bedford, to the mouth of the Cow-Pasture, will be of public utility;|
|II. Be it therefore enacted by the General Assembly, That William Cabell, John Bowyer, George Skilleron, Zachariah Johnson, Andrew Donnelly, George Clendinen, John Greenlee, Patrick Lockhart, William M'Kee, Archibald Stuart, and Andrew Moore, gentlemen, be, and they are hereby nominated and appointed trustees for clearing the said river, and to receive subscriptions for that purpose, either in money, hemp, tobacco, or flour. If any person or persons shall neglect or refuse to pay the several sums of money, or quantities of tobacco, hemp, or flour, respectively subscribed for the purposes of this act, it shall and may be lawful for the said trustees respectively, or the undertaker, to sue for and recover the same.|| |
Trustees appointed for improving navigation of James River through the South mountains.
|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 clearing and opening the navigation of the said river, from the lands of Nicholas Davies in the said county of Bedford, to the mouth of Cow-Pasture river, in such manner as the said trustees shall think best. That the said trustees, or the major part of them, shall and may from time to time appoint one or more of their members to be receiver or receivers of the money, hemp, tobacco, or flour, subscribed for the purposes of this act, who shall in the court of the county where he or they reside, enter into bond with sufficient security, to the commonwealth, in a reasonable penalty, with condition that he or they, his or their executors or administrators, shall and will, at all times when required, well and faithfully account for and pay to the|
|said trustees, or to such person or persons as they or a majority of them shall direct, all monies, hemp, tobacco, or flour, which shall be by him or them received under the authority of this act. That in case of the death, refusal to act, or other legal disability of any one or more of the said trustees, it shall be lawful for the remaining trustees to elect and choose others to supply such vacancies; which trustees so chosen, shall have the same power and authority as those particularly named in this act. And whereas it is just and reasonable that those persons who advance money, hemp, tobacco, or flour, for the purposes of carrying this act into execution should be repaid the same or the value thereof:|
|IV. Be it therefore enacted, That every person who shall bring any hemp, tobacco, or flour, by water from either of the counties of Rockbridge, Botetourt, Montgomery, Washington, or Greenbrier, through the Blue-Ridge, shall pay to whatever person shall be appointed by the trustees aforesaid, the sum of ten shillings for every hogshead of tobacco; two shillings for every hundred pounds of hemp; and one shilling for every cask of flour; to be accounted for and paid by the receiver annually to the said trustees, and to be by them applied towards re-paying the principal and interest of the respective sums of money or value of tobacco, hemp, and flour, subscribed and paid for clearing the said flour.|
|[Chapter CCXIII in original.]|
| Chan. Rev. pa 216.|
See October, 1777, c. 15, 17.
|I. WHEREAS great inconvenience may arise to the suitors in the several courts of this commonwealth, who are litigant with persons residing without this commonwealth, and have not agents or attornies within the same, by the death or removal of witnesses whose depositions|
|cannot legally be taken for want of notice to such absent persons. And whereas the acts establishing the high court of chancery and general court, require some amendments, Be it therefore enacted, That when any commission to take the deposition of a witness, in a suit depending in any of the courts of this commonwealth, where the plaintiff or defendant in such suit doth not reside within the same, to whom notice of the time and place of taking such deposition can be given, then the person obtaining such commission having published in the Virginia Gazette, four weeks successively, the time and place when and where the witness is to be examined, and the name of the witness, together with the names of the parties to the suit in which such witness is to be examined, it shall and may be lawful for any plaintiff or defendant as aforesaid, to proceed to take any deposition authorized by the commission issuing from the court agreeable to law, where the suit depends as aforesaid; and such deposition, when taken and returned to the clerk's office agreeable to the rules of the court from whence the commission issued, shall there be filed and allowed to be read in evidence, in the same manner and under the like restrictions, as if notice had been duly given to the opposite party; any law, usage, or custom, to the contrary in any wise notwithstanding. And the printer may demand and receive the sum of twelve shillings for publishing such advertisement four weeks, which shall be taxed in the bill of costs if the party chargeable therewith shall prevail in the suit.|
Notice to take depositions, may be given to non-resident parties, by publication.
Printer's fee for publication.
|II. And be it further enacted, That where a plaintiff or defendant in any action or suit depending in the general court, or which may hereafter be commenced in the general court, shall produce to the clerk of the general court, shall produce to the clerk of the general court an affidavit or affidavits for the purpose of obtaining a commission to take the deposition of a witness, the said clerk may, and he is hereby authorized and empowered to issue a commission in the same manner and under the like restrictions as any judges of the general court might or could do in vacation time.|| Clerk of the general court, upon affidavit filed to issue
|III. And whereas the mode of trial in order to ascertain all material facts, affirmed by the one party and denied by the other, in the suits depending, or that may hereafter be commenced, in the high court of|
|chancery by jury upon viva voce testimony in the said court, hath been found to be expensive to the parties, and inconvenient to witnesses, Be it therefore enacted, That so much of the twenty-sixth rule prescribed by the act for establishing an high court of chancery, as directs such matters of fact to be tried by jury in the said court upon viva voce testimony, shall be, and the same is hereby repealed; and henceforward the mode of trial in all causes now depending before the high court of chancery, as well as in such as may hereafter be commenced, shall be the same as heretofore used and practised in the courts of chancery within the colony of Virginia under the the former government.|| |
Ordinary trials by jury in Chancery repealed.
Former mode of trial revived.
|CHAP. XXVII.||[Ch. CCXIV in original.]|
|An act to amend the several acts for regulating public ferries.|| [Chan. Rev. pa. 217.]|
See 1769, ch. 25.
|I. WHEREAS it has been represented to this assembly, that a public ferry across the rivers Staunton and Dan, near the confluence of the said rivers, in the county of Mecklenburg, from the land of Sir Peyton Skipwith on the north side, to his land on the south side, will be of great advantage to travellers and others:|
|II. Be it therefore enacted, That a public ferry shall be constantly kept at the aforesaid place, and that the rates for crossing, and penalties for neglect of duty, shall be the same as is directed in the case of other ferries established by law in the said county. And whereas the acts now in force for regulating ferries, are insufficient to restrain those living near public ferries from setting over passengers from their lands, across rivers and creeks where such ferries are established, to the great injury of the keepers thereof,|| Skipwith's ferry established.|
|III. Be it enacted, That if any person, other than a ferry keeper, shall hereafter, for reward, set any person or persons over any river or creek whereon||Penalty on private persons ferrying over others for reward.|
|public ferries are established, or shall permit or allow any [person or] persons living on the opposite shore of such river or creek, to take passengers from their lands contiguous to a public ferry, he or she so offending, shall forfeit and pay five pounds current money for every such offence, one moiety to the ferry-keeper nearest the place where such offence shall be committed, the other moiety to the informer; and if such ferry-keeper shall be the informer, he shall be entitled to the whole penalty; to be recovered with costs, by action of debt or information in any county court within this commonwealth.|
|IV. And be it further enacted, That all and every act and acts, contrary to the meaning of this act, shall be, and the same are hereby repealed.|
|[Ch. CCXV in original.]|
| Chan. Rev. pa. 217.|
See May, 1783, ch. 10.
|I. WHEREAS it is represented to this present general assembly, that the erecting of ware-houses for the inspection of tobacco in the county of Lincoln, on Kentucky river, at the month of Hickman's creek, on the lands of James Hogans; also in the county of Jefferson, at the falls of the Ohio river, on the lands of John Campbell; also in the county of Fayette, at Lee's Town, on the Kentucky river, on the lands of Hancock Lee; in the county of Norfolk, on the public lands in the town of Portsmouth; and also in the county of King George, on the lot of land belonging to John Gravett and William Shropshire, will be of public benefit:||Preamble.|
|II. Be it therefore enacted, That the said inspections of tobacco shall be, and they are hereby established at the places aforesaid, that is to say: That the inspection in the county of Lincoln, shall be called and known by||New ware-houses established.|
|the name of Hickman's; the inspection in the county of Jefferson, shall be called and known by the name of Campbell's; the inspection in the county of Fayette, shall be called and known by the name of Lee's; in the county of Norfolk, shall be called Portsmouth; and the inspection in the county of King George, shall be called and known by the name of Gibson's. And the courts of the said counties shall observe the same rules and regulations in erecting the said ware-houses, and recommending of inspectors, as are prescribed by the act, intituled, "An act to amend and reduce the several acts of assembly for the inspection of tobacco, into one act;" and that the transfer notes issued by the inspectors at the ware-houses in the said counties of Lincoln, Jefferson, and Fayette, shall be payable in the said counties for all county and parish levies, and also all clerks, sheriffs, and other officers fees, within the same; and the transfer notes issued by the inspectors at Gibson's ware-house, shall be payable in like manner as those formerly issued by the inspectors at Gibson's ware-house in the said county of King George.|| Courts to build ware-houses and recommend
Currency of their transfer notes.
|III. And be it further enacted, That the acting inspectors attending the said ware-houses, shall be entitled to, and receive the following salaries, that is to say: At Hickman's ware-house, the sum of twenty-five pounds each; the inspectors at Campbell's ware-house, the sum of twenty-five pounds each; at Lee's ware-house, the sum of twenty-five pounds each; at Portsmouth, thirty pounds each; and at Gibson's ware-house, the sum of thirty pounds each. And the surplus money remaining in their hands, after paying their wages and other contingent charges to the ware-houses, shall be accounted for in the same manner as is directed by the said recited act.||Inspectors' salaries.|
|IV. And be it enacted, That for all tobacco which shall be delivered out of the ware-houses aforesaid, there shall be paid to the inspector, by the person demanding the same, ten shillings for every hogshead so delivered, and one shilling and three pence for every hundred weight which may be put up in any lesser package; which money shall be the fund for payment of the inspectors salaries as well as for supporting the respective warehouses.||Inspection tax.|
|CHAP. XIX.||[Chapter CCXVI in original.]|
| See May 1779, ch. 12,|
vol 10, pa 42, 48.
|I. WHEREAS, in obedience to an act of assembly, intituled, "An act for adjusting and settling the titles of claimers to unpatented lands, previous to the establishment of the commonwealth's land office," the commissioners thereby appointed, proceeded to issue certificates to different claimants under the said act:||Preamble.|
|II. And whereas many surveys made in conformity to the said certificates, include other surveys made for the same persons under the sanction, and in the name of several companies who obtained grants under the former government, and which have since been confirmed by the high court of appeals: For the preservation of the rights of such companies, and convenience of those who have obtained surveys under the decision of the said commissioners, Be it enacted, That all persons who have obtained certificates from the respective commissioners acting under the above recited act, for land they also claimed by purchase from the grantees, may return their surveys made in conformity to such certificates to the land office, and the register is hereby authorized and required to issue grants upon all such surveys, within six months after they have been returned into his office. Provided always, That the proprietor of such surveys shall account with the grantees or their agents, for so much of the lands as were surveyed to the said companies, prior to the year one thousand seven hundred and seventy-six, agreeable to the decree of the court of appeals, that is to say, they shall pay the said companies or their agents, the sum of three pounds per hundred acres, for all land confirmed to the said grantees as aforesaid, with lawful interest from the fifteenth day of May, one thousand seven hundred and seventy-nine, and no more.|| Persons claiming the same land, under certificates of commissioners, and also
by purchase from certain companies, may return their surveys, made in conformity with such
certificates, and obtain patents.|
But must pay the companyl. per hundred and interest from May 15, 1779.
|II. And in lieu of forfeiture of lands in case of non-payment, which is unreasonable, and shall hereafter cease: Be it further enacted, That for all arrearages which shall be due, and have been previously demanded||After 25th Dec 1784, distress may be made of the land, for|
|by the said companies or their agents, on or before the twenty-fifth day of December, one thousand seven hundred and eighty-four, previous to which no distress shall be made, the sheriffs of the counties wherein such lands lie, the price of which may be due, at the request of the different companies or their agents, may, and are hereby directed to lay off in a compact body, so much of the said land, to be pointed out by the tenant or proprietor, as shall be the value of such debt, and shall proceed to sell the same, charging the debtor with the usual commission thereon, and the expense of surveying such dividend or quantity of land; provided that he gives thirty days public notice of the time and place of such sale.||arrears of purchase money, and forfeitures to cease.|
|IV. And whereas many of the citizens of this commonwealth, have paid considerable sums of money to commissioners, clerks, and surveyors, for ascertaining their titles to lands, which titles have since been evicted by a decree of the court of appeals. Be it therefore enacted, That the clerks and surveyors belonging to the different districts laid off by the above recited act, shall immediately upon the receipt of this act, ascertain the amount of all surveys made prior to the year one thousand seven hundred and seventy-six, which are included in the certificates granted by the commissioners, and the disbursements in specie of the proprietors of the said land respectively, to the said commissioners, clerks, and surveyors, in procuring certificates for [and] re-surveying the same; which accounts shall be duly proved before any county court of the district, and certified by the clerk of such court to the auditors of public accounts, who shall issue their warrants for the same; which warrants shall be receivable in taxes under the act for calling in and redeeming certain certificates.||Public to repay the expense of ascertaining titles before commissioners, since evicted by court of appeals.|
|V. And be it further enacted, That all acts coming within the purview of this act, shall be, and the same are hereby repealed.|
|CHAP. XXX.||[Chapter CCXVII in original.]|
| Chan. Rev. p. 218.|
See Nov 1781, ch 23, May, 1782, ch. 44. Oct. 1782,
| I. WHEREAS the present scarcity of specie in this state causes an
utter inability in debtors to discharge their debts, unless they are still permitted to pay them
in the produce of the country, or by transferring property to their creditors, and it is
therefore wise, just, and necessary, that the act, intituled, "An
act to amend an act, intituled, and act to repeal so much of a former act as suspends the issuing
of executions on certain judgments until December, one thousand seven hundred and
eighty-three," (which provides a remedy for the said mischief) and expired on the first day
of the present month, should be revived and further continued: Be it therefore enacted,
That the said recited act, intituled, "An act to amend an act, intituled, an act, to repeal so
much of a former act as suspends the issuing of executions on certain judgments until December,
one thousand seven hundred and eighty-three," be, and the same is hereby revived and further
continued, from the day on which it expired, for and during the term of four months, and from
thence to the end of the next session of assembly.
II. And whereas the said before recited act, intituled, "An act to repeal so much of a former act as suspends the issuing of executions upon certain judgments until December, one thousand seven hundred and eighty-three," hath also expired: Be it farther enacted, That the said last recited act, intituled, "An act to repeal so much of a former act as suspends the issuing of executions upon certain judgments until December, one thousand seven hundred and eighty-three," shall be, and the same is hereby also revived, and shall continue and be in force for and during the term of four months, and from thence to the end of next session of assembly.
| Acts of Oct. 1782, ch. 45, & May, 1782, ch 44, prohibiting
recovery of British debts, & permitting lands & slaves to be tendered on executions revived and
|CHAP. XXXI.||[Chapter CCXVIII in original.]|
|Chan. Rev. pa. 218.|
|I. WHEREAS the United States in congress assembled, did, by their act of the eighteenth day of April in the present year, recommend to the several states as indispensibly necessary to the restoration of public credit, and to the punctual and honorable discharge of the public debts, to invest the United States in congress assembled, with a power to levy for the use of the United States, certain duties upon goods imported into the said states from any foreign port, island, or plantation, as therein enumerated, and upon all other goods, a duty of five per centum ad valorem, at the time and place of importation, subject to such limitations and restrictions as in the said act are particularly mentioned.||Provision for paying this states quota of debts contracted by United States.|
|II. And whereas the raising a general revenue throughout the United States by duties imposed on commodities imported, and appropriated to the discharge of the principal and interest of the public debts, may contribute to lighten the burthen of taxes on real and personal property, and thereby prove a great ease and relief to the people; Be it enacted, That the United States in congress assembled shall be, and they are hereby vested with full power and authority, to levy for the use of the United States, upon goods imported into this state from any foreign port, island, or plantation, the following duties, to be collected under such regulations as the United States in congress assembled shall direct, to wit: Upon all rum of Jamaica proof, per gallon, four ninetieths of a dollar; upon all other spirituous liquors, three ninetieths of a dollar; upon Madeira wine, twelve ninetieths of a dollar; upon all other wines, six ninetieths of a dollar; upon common Bohea tea, per pound, six ninetieths of a dollar; upon all other teas, twenty-four ninetieths of a dollar; upon pepper per pound, three ninetieths of a dollar; upon brown sugar, per pound, half a ninetieth of a dollar; upon loaf sugar, two ninetieths of a dollar; upon all other sugars, one ninetieth of a dollar, upon molasses,|| Congress empowered to levy a duty on goods imported & make
regulations for collecting it.|
Duty on particular articles.
|per gallon, one ninetieth of a dollar; upon cocoa and coffee, per pound, one ninetieth of a dollar; and upon all other goods, a duty of five per centum ad valorem, at the time and place of importation. Provided, That the said duties shall be applied to the discharging the interest and principal of the debts contracted on the faith of the United States for supporting the late war, and on no account diverted to any other use or purpose, nor to be continued for a longer term than twenty-five years. And provided also, that an account of the proceeds and application of the said duties, be made out and transmitted annually to the several states distinguishing the proceeds of the several articles, and the amount of the whole revenue received from each state together with the allowances made to the several officers employed in the collection of the said revenue.|
5 per cent. ad valorem on all other goods.
Appropriation and continuance of duties.
To be annually accounted for.
|III. And be it further enacted, That the governor of this commonwealth, for the time being, with the advice of the council, shall be, and he is hereby authorized and empowered in the first instance, and as there shall be occasion, from time to time to appoint the collectors of the duties aforesaid, which collectors so appointed, shall be amenable to, and removable by, the United States in congress assembled, alone; and in case the governor, as aforesaid, shall fail to make such appointment, within one month after notice given to him by congress for that purpose, the appointments may then be made by the United States in congress assembled; provided such appointment be made to a citizen of this state.||Governor & council to appoint collectors, removable by congress.|
|IV. And be it further enacted, That this act shall commence and be in force, so soon as each and every of the other states in the union shall pass laws conformable to the act of congress herein before recited, and official communication thereof be made by the United States in congress assembled, to the governor of this commonwealth, who, on receipt thereof, shall promulgate the same by proclamation, which he is hereby authorized and directed to issue, and thereupon the respective grants of the states shall be considered and deemed by this state as forming a mutual compact among all the states, and be irrevocable by any one or more of them without the concurrence of the whole, or a majority of the United States in congress assembled.||Commencement & continuance of the act.|
|Provided always, that nothing herein contained shall give the United States in congress assembled, a power to direct any regulations for collecting the aforesaid duties, which shall extend so far as to subject any person or persons committing a breach of this act within this commonwealth, to be carried out of the same for trial, or to compel him to answer any action out of the state, or to deprive him of a trial according to the constitution and laws of this commonwealth, or to convict him criminally, without a trial by jury, or his own voluntary confession in open court, or to impose excessive fines, or to break open any dwelling house, store, or ware-house, at any other time than the day time, between the rising and sitting of the sun, nor then, without a warrant from a lawful magistrate, and issued upon the oath of the party requesting the same. And also provided, that the trial on all seizures arising within this commonwealth, under this act, shall be before the court of admiralty of this state, and from the judgment of the said court, either party shall be allowed an appeal to the court of appeals of this state, before whom a trial shall in all cases be final; and that in no case the forfeiture shall exceed the goods seized and the vessel in which the said goods may be imported.|| Collectors not to be carried for trial or compelled to answer
a suit out of the state.|
Trials upon seizures here, to be in the court of admiralty and appeals to the court of appeals.
Limitation of forfeitures.
|[Chapter CCXIX in original.]|
| [Chan. Rev. p. 219.]|
|I. FOR reducing the several acts of assembly concerning surveyors into one act, and for defining as well their duties as for establishing and regulating their fees in future, Be it enacted, That every person who shall hereafter desire to become a surveyor, shall be nominated by the court of his county, examined & certified able by the president and professors of William and Mary College, and if of good character, commissioned by the|| |
Surveyors, how appointed.
|governor, with a reservation in such commission to the said professors, for the use of the college, on one sixth part of the legal fees that shall be received by such surveyor, for the yearly payment of which he shall give bond with sufficient security to the president and masters of the said college; he shall hold his office during good behaviour; and before he shall be capable of entering upon the execution of his office, shall, before the court of the same county, take an oath and give bond with two sufficient sureties to the governor and his successors, in such sum as he with advice of this council, shall have directed, for the faithful execution of his office. All deputy surveyors shall be recommended by their principals to the court of the county of which such principal may be surveyor; the court shall thereupon appoint and direct one or more fit persons to examine into the capacity, ability, and fitness of the person or persons so recommended, and upon a certificate of such examination and report of the capacity, ability, and fitness of the person or persons so recommended, the said court is hereby empowered and directed to appoint him or them to act as deputy or deputies, for whose conduct in every respect touching his office, the principal surveyor shall be answerable; and all deputies so appointed, shall have power and authority to act and do in all things and to every intent and purpose, as the principal surveyor, except in cases otherwise provided by this act, and shall thereupon be entitled to one half the fees received for services performed by them respectively, after deducting the proportion thereof due to the college. If any principal surveyor shall fail to nominate a sufficient number of deputies to perform the services of this office in due time, the court of the county shall direct what number he shall nominate, and in case of failure shall nominate for him. And if any deputy surveyor, or any other on his behalf and with his privity, shall pay or agree to pay any greater part of the profits of his office, sum of money in gross, or other valuable consideration, to his principal for his recommendation or interest in procuring the deputation, such deputy and principal shall be thereby rendered forever incapable of serving in such office. Every person having a land warrant, and being desirous of locating the same on any particular waste and unappropriated lands, shall lodge such|| To give bond to the college.|
Tenure of office.
To be sworn and give bond in court.
How deputies shall be appointed.
Their power and compensation.
Penalty for giving principal more.
Land warrants to be lodged with principal surveyor.
|warrant with the chief surveyor of the county wherein the said lands or the greater part of them lie, who shall give a receipt for it if required. The party shall direct the location thereof so specially and precisely as that others may be enabled with certainty to locate other warrants on the adjacent residuum; which location shall bear date the day on which it shall be made, and shall be entered by the surveyor in a book to be kept for that purpose, in which there shall be left no blank leaves or spaces between the different entries. −− And if several persons shall apply with their warrants at the office of any surveyor at the same time, to make entries, they shall be preferred according to the priority of the dates of their warrants, but if such warrants be dated on the same day, the surveyor shall settle the right of priority between such persons by lot. And every surveyor shall, at the time of making entries for persons not bring inhabitants of his county, appoint a time for surveying their land, and give notice thereof in writing to the persons making the same; and if on such application at his office, the surveyor shall refuse to enter such location, under pretence of a prior entry for the same lands made by some other persons, he shall have a right to demand of the said surveyor a view of the original of such prior entry in his book, and also an attested copy of it. Any chief surveyor having a warrant for lands, and desirous to locate the same within his own county, shall enter such location with the clerk of the county, who shall return the same to his next court, to be there recorded; and the said surveyor shall proceed to have the survey made as soon as may be, or within six months at farthest, by some one of his deputies, or if he hath no deputy, then by any surveyor or deputy surveyor of an adjacent county, and in case of failure his entry shall be void, and the land liable to the entry of any other person. Every chief surveyor shall proceed with all practicable dispatch to survey all lands entered for in his office, and shall, if the party live within his county, either give him personal notice of the time at which he will attend to make such survey, or shall publish such notice by fixing an advertisement thereof on the door of the court-house of the county, on two several court days; which time, so appointed, shall be at least one month after personal notice given, or after|| Locations to be precisely made and entered in a
Preference where different applications to locate the same land.
Notice of time of surveying to persons out of the county.
How a surveyor may locate his own warrants.
When and how surveys of located lands are to be made.
|the last advertisement so published; and if the surveyor shall accordingly attend and the party, or some one for him, shall fail to appear at the time, with proper chain carriers, and a person to mark the lines, if necessary, his entry shall become void, the land thereafter subject to the entry of any other person, and the surveyor shall return him the warrant, which may, notwithstanding, be located anew upon any other waste or unappropriated lands, or again upon the same lands where it hath not in the mean time been entered for by another person. Where the chief surveyor doth not mean to survey himself he shall immediately after the entry made, direct a deputy surveyor to perform the duty, who shall proceed as is before directed in the case of the chief surveyor. The persons employed to carry the chain on any survey shall be sworn by the surveyor, whether principal or deputy, to measure justly and exactly to the best of their abilities, and to deliver a true account thereof to such surveyor, and shall be paid for their trouble by the party for whom the survey is made. The surveyor, at the time of making the survey, shall not leave any open lines, but shall see the same bounded plainly by marked trees, except where a water course or ancient marked line shall be the boundary, and shall make the breadth of each survey at least one third of its length in every part, unless where such breadth shall be restrained on both sides by mountains unfit for cultivation, by water courses, or the bounds of lands before appropriated. −− He shall, as soon as it can conveniently be done, and within three months at farthest after making the survey, deliver to his employer or his order, a fair and true plat and certificate of such survey, the quantity contained, the hundred, (where hundreds are established in the county wherein it lies) the courses and descriptions of the several boundaries, natural and artificial, ancient and new, expressing the proper names of natural boundaries where they have nay, and the name of every person whose former lines made a boundary; and also the nature of the warrant and rights on which such survey was made, and shall at the same time re-deliver the said warrant to the party. The said surveyor may nevertheless detain the said certificates and warrants until the paymeut of his fees. The said plats and certificates shall be examined and tried by|| Chain carriers to be sworn.|
Surveys to be closed, lines marked, and of proportioned length and breadth.
A plat and certificate to be delivered within three months, and warrant re-delivered.
Provided the fees be paid.
The plats, &c. to be examined.
|the said principal surveyor whether truly made and legally proportioned as to length and breadth, and shall be entered within three months at farthest, after the survey is made, in a book well bound, to be provided by the court of his county, at the county charge; and he shall, in the month of July every year, return to the president and professors of William and Mary College, and also to the clerk's office of his county court, a true list of all surveys made by him or his deputies in the preceding twelve months, with the names of the persons for whom they were respectively made, and the quantities contained in each, there to be recorded by such clerk; and no person shall hereafter hold the offices of clerk of a county court and surveyor of a county, nor shall a deputy in either office act as deputy or chief in the other. Any surveyor, whether principal or deputy, failing in any of the duties aforesaid, shall be liable to be indicted in the general court and punished by amercement or deprivation of his office, and incapacity to take it again, at the discretion of a jury; and shall moreover be liable to any party injured for all damages he may sustain by such failure. Every county court shall once in every year, and oftener if they see cause, appoint two or more capable persons to examine the books of entries and surveys in possession of their chief surveyor, and to report in what condition and order the same are kept: and on his death or removal shall have power to take the same into their possession, and deliver them to the succeeding chief surveyor.|| and entered in the book of principal surveyor.|
Lists of all surveys to be annually returned to the college and clerk of the court.
None to be clerk and surveyor of the same county.
How surveyors may be punished for neglect.
Surveyor's office to be annually inspected.
|II. And for preventing hasty and surreptitious grants, and avoiding controversies and expensive law suits: Be it enacted, That no surveyor shall, at any time within twelve months after the survey made, issue or deliver any certificate, copy, or plat of land by him surveyed, except only to the person or persons for whom the same was surveyed, or to his, her, or their order, unless a caveat shall have been entered against a grant to the person claiming under such survey, to be proved by an authentic certificate of such caveat from the clerk of the general court produced to the surveyor; and if any surveyor shall presume to issue any certificate, copy or plat as aforesaid, to any other than the person or persons entitled thereto, every surveyor so offending shall forfeit and pay to the party injured, his||No plat to be delivered but to the owner within a year; except to a caveat or upon certificate of a caveat entered.|
|or her legal representatives or assigns, thirty pounds for every hundred acres of land contained in the survey whereof a certificate, copy, or plat shall be so issued, or shall be liable to the action of the party injured at the common law for his or her damages, at the election of the party.||Penalty.|
|III. And for declaring what fees a surveyor shall be entitled to, Be it enacted, That every surveyor shall be entitled to receive the following fees, for the services hereinafter mentioned, to be paid by the person employing him, and no other fees whatsoever, that is to say: For every survey by him plainly bounded as the law directs, and for a plat of such survey after the delivery of such plat, where the survey shall not exceed four hundred acres of land, two hundred and fifty pounds of tobacco; for every hundred acres contained in one survey above four hundred, twelve pounds of tobacco; for surveying a lot in a town, twenty pounds of tobacco; and where the surveyor shall be stopped or hindered from finishing a survey by him begun, to be paid by the party who required the survey to be made, one hundred and twenty-five pounds of tobacco; for running a dividing line, one hundred pounds of tobacco; for surveying an acre of land for a mill, fifty pounds of tobacco; for every survey of land formerly patented, and which shall be required to be surveyed, and for a plat thereof delivered as aforesaid, the same fee as for land not before surveyed; and where a survey shall be made of any lands which are to be added to other lands, in an inclusive patent, the surveyor shall not be paid a second fee for the land first surveyed, but shall only receive what the survey of the additional land shall amount to; and where any surveys have been actually made of several parcels of land adjoining and several plats delivered, if the party shall desire one inclusive plat thereof, the surveyor shall make out such plat for fifty pounds of tobacco; for running a dividing line between any county or parish, to be paid by such respective counties or parishes in proportion to the number of tythables, if ten miles or under, five hundred pounds of tobacco; and for every mile above ten, fifteen pounds of tobacco; for receiving a warrant of survey and giving a receipt therefor, eight pounds of tobacco; for recording a certificate from the commissioners of any district of a claim to land allowed by them, to be paid by the||Surveyor's fees in tobacco.|
|claimant, eight pounds of tobacco; for making an entry for land or for a copy thereof, eight pounds of tobacco; for a copy of a plat of land or of a certificate of survey twelve pounds of tobacco.|
|IV. And be it further enacted, That all persons who are now chargeable with any surveyor's fees, for services under the act of assembly, intituled, "An act for regulating the fees of the register, of the land-office, and for other purposes," or who shall hereafter become chargeable with any tobacco for any of the services mentioned in this act, shall, at their election, discharge the same either in transfer tobacco notes or in specie at the rate of twelve shillings and six pence for every hundred pounds of gross tobacco.||May be discharged in money at a penny half-penny, per pound.|
|V. And be it further enacted, That the surveyor of every county shall hereafter cause to be set up in some public place in his office, and there constantly kept, a fair table of his fees hereinbefore mentioned, on pain of forfeiting one hundred pounds, which penalty shall be to the person or persons who shall inform or sue for the same. And if any surveyor who now is or shall hereafter become entitled to fees under this or the said recited act, shall ask or demand of any person whatsoever more than twelve shillings and sixpence per hundred for such tobacco fees, or shall ask or demand larger fees than are allowed by this act, every person so offending shall forfeit and pay ten times the amount of the fees so charged, to the party or parties injured.|| Table of fees to be set up in office under penalty.|
Penalty for overcharging.
|VI. And be it further enacted, That every surveyor of lands shall hereafter be resident in the county whereof he is surveyor, during the time he shall continne in office, under the penalty of forfeiting two hundred pounds current money for every month he shall reside out of the same, unless detained by such business as the court of the county shall judge reasonable, on moiety of which shall be to the commonwealth for the better support of this government and the contingent charges thereof, and the other moiety to the informer.||Surveyors to be resident in their county under a monthly penalty.|
|VII. And be it further enacted, That all the several penalties and forfeitures by this act laid, given, or inflicted, shall and may be recovered with costs, by action of debt or information, in any court of record within this commonwealth wherein such penalty shall|| How penalties may be recovered.|
Repeal of former acts.
|be cognizable; and that all and every other act and acts, clause and clauses heretofore made, for or concerning any matter or thing withih the purview of this act, shall be, and are hereby repealed.|
|VII. And be it further enacted, That all persons who now are, or hereafter shall be chargeable with any tobacco fees due to clerks, sheriffs, and other public officers, may discharge the same either in tobacco or specie at the rate of twelve shillings and sixpence per hundred, upon the gross tobacco.||Clerks, sheriffs, and other officers tobacco fees, may be paid in money at one penny half penny per pound.|
|Pages 320-339||Pages 361-379|