|Pages 25-44||Pages 68-92|
|BE it enacted by the General Assembly, That the operation of the act, intituled "An act for the establishment of courts of assize," be, and the same is hereby suspended until the first day of January, one thousand seven hundred and eighty-seven; and that in the mean time the general court shall proceed in all things, in the same manner as if the said act had never passed.||Act establishing court of assize, suspended.|
|I. BE it enacted by the general assembly, That it shall be lawful for the governor, and he is hereby empowered, with the advice of the council of state, to pardon or reprieve any person or persons adjudged or sentenced to suffer death for a felonious offence, upon such conditions of bodily labor to be performed by each person so pardoned or reprieved, as to the governor, with the advice of council, shall seem proper. Provided always, That no conditional pardon shall be granted by the governor, for murder or treason.||Governor and council may grant pardon to criminals sentenced to death, on condition of performing labour.|
|II. And be it further enacted, That if any person pardoned or reprieved by the executive, on condition of hard labour to be performed by such person, shall make his or her escape during the term of his or her condemnation to such labour, it shall and may be lawful for the governor, by proclamation, to declare such||In case of escape, the party to be identified and executed.|
|person to be out-lawed, and it shall thereafter be lawful for any person to kill or in any manner to destroy such out-law, without being liable to any pain or penalty for so ding; or to apprehend and return him or her to the public jail of this commonwealth, where he shall be safely kept until the next succeeding general court, when the attorney general shall cause the identity of such out-law to be ascertained by the verdict of a jury, which being found, the court shall direct their former sentence passed upon such person to be carried into execution, at any time within ten days after such sentence shall be revived.|
|III. This act shall continue and be in force, from the passing thereof, until the last day of December, one thousand seven hundred and eighty-six, and no longer.||Limitation of act.|
An act for better securing the revenue arising from customs.
|I. WHEREAS many frauds have been practised and committed by the owners or commanders of vessels trading to this commonwealth, by their failing to enter the same according to law, whereby great loss has resulted to the public on the duties payable on goods, wares, and merchandize: for remedy whereof in future,||Preamble.|
|II. Be it enacted, That if the owner or commanding officer of any vessel trading to this state, shall fail to enter the same, together with her cargo, in the manner prescribed by law, and pay or secure to be paid the duties arising thereon, such vessel, together with her rigging, tackle, apparel, and furniture, and such part of the cargo as shall not have been duly entered, shall be liable to be seized by any person or persons who shall detect such vessel; to be prosecuted and condemned before the court of admiralty, one half to the||Vessels and goods not entered and duties paid or secured, liable to seizure and condemnation.|
|use of the informer, and the other half to the use of the commonwealth.|
|III. And be it further enacted, That the lower district of James river shall from and after the passing of this act, extend from Back river point up James river, including the several creeks and inlets thereof; and that the district of Elizabeth river shall commence at Cape Henry, and extend upwards on the south side of James river, including the several creeks and inlets thereof.||Lower district of James river, and district of Elizabeth river ascertained.|
|IV. And be it further enacted, That the governor, with advice of council, shall commission the necessary officers for the state boats Liberty and Patriot, and direct the number of men for each, together with so many searchers as they shall think necessary, and make a reasonable allowance to them for their services.||State boats Liberty and patriot, to be put in commission.|
|V. And be it further enacted, That the naval-office commonly called the upper district of James river, shall be, and the same is hereby discontinued.||Naval office of upper district of James river abolished.|
|VI. And be it further enacted, That if any vessel and cargo shall be libelled by any person or persons for not entering the same agreeable to law, and upon trial, such libel shall be dismissed with costs, such costs shall not be taxed against nor recovered of the libellant or libellants, nor shall they be liable for any damages in consequence of such seizure; provided the court shall be of opinion that there was probable cause for making the same:|| |
Libellants when not liable to costs.
An act giving powers to the governor and council in certain cases.
BE it enacted by the General Assembly, That it shall and may be lawful for the governor, with the advice of the council of state, to apprehend and secure, or cause to be apprehended and secured, or compelled to depart this commonwealth, all suspicious persons, being the subjects of any foreign power or state, who shall
|Governor & council may apprehend & secure suspicious persons subjects of powers, at war with the United States or compel them to depart.|
|have made a declaration of war, or actually commenced hostilities against the said states, or from whom the United States in congress, shall apprehend hostile designs against the said states; provided information thereof shall have been previously received by the executive from congress: And that in all such cases, the governor with the advice of the council of state, shall, and he is hereby empowered, to send for the person and papers of any foreigner within this state, in order to obtain such information as he may judge necessary. All sheriffs and jailers shall receive such suspicious persons whom, by warrant from the governor they shall be commanded to receive, and them in their prisons or custody detain, or transport out of the commonwealth, as by such warrant they may be commanded. And all others the good citizens of this commonwealth, shall be aiding and assisting in apprehending, securing or transporting any such suspicious person, when commanded by warrant or proclamation of the governor, or required by the sheriff or jailer to whose custody such suspicious persons may have been committed. Every person acting under the authority aforesaid, shall be indemnified from all suits to be commenced or prosecuted for any action or thing done by virtue thereof, and may plead the general issue, and give this act in evidence: Saving always to the merchants of any foreign state, betwixt whom the United States of America war shall have arisen, and to their families, agents, and servants, found in this commonwealth at the beginning of the war, the privileges allowed by law.|
An act for regulating and fixing the salaries of the officers of civil government.
|I. WHEREAS the salaries allowed by law to the officers of civil government, have been found to exceed||Salaries of officers of government.|
|a proper and adequate compensation for their services.|
|II. Be it therefore enacted, That from and after the first day of November next the several officers herein after mentioned, shall receive for their salaries, in quarterly payments, after the same shall have been audited according to law: To the governor or chief magistrate, the sum of eight hundred pounds: To the members of the privy council, the sum of two thousand pounds, to be divided amongst them according to their attendance: To each delegate of this commonwealth in congress, the sum of six dollars per day while attending on, travelling to, and returning from congress: To the attorney general, the sum of two hundred pounds per annum: To each auditor of public accounts, the sum of three hundred pounds per annum: To the solicitor general, the sum of three hundred pounds per annum: To the speaker of the senate, the sum of twenty shillings per day, during each session of assembly, including his daily pay: To the speaker of the house of delegates, the sum of forty shillings per day, in like manner: To the clerk of the general court, for his ex officio services, the sum of fifty pounds per annum: To the register of the land-office and his clerks, the sum of eight hundred pounds per annum: To the deputy register, two hundred pounds per annum: To the treasurer, the sum of five hundred pounds per annum: To the first clerk of the treasury, the sum of one hundred and fifty pounds per annum; and to each of the other clerks of the treasury, auditors, and solicitor-general, the sum of one hundred pounds per annum: And to the keeper of the public jail, the sum of one hundred pounds per annum.|| Governor.|
Delegates to congress.
Speaker of senate.
Speaker of house of delegates.
Clerk of general court.
Register of land office.
Clerks to treasurer.
Auditors and solicitor.
Keeper of public jail.
|III. And be it further enacted, That all those several sums shall be paid in specie or in civil list warrants, and the auditor is hereby authorized to audit the same, and issue his warrants upon the treasury accordingly.||Salaries, how paid.|
|IV. And be it further enacted, That so much of any other act or acts, as comes within the purview of this act, shall be, and the same is hereby repealed.|
|I. WHEREAS, at a meeting of the commissioners appointed by the general assembly of the state of Maryland and Virginia, to wit: Daniel of St. Thomas Jenifer, Thomas Stone, and Samuel Chase, esquires, on the part of the state of Maryland, and George Mason and Alexander Henderson, esquires, on the part of the state of Virginia, at Mount-Vernon, in Virginia, on the 28th of March, in the year one thousand seven hundred and eighty-five, the following compact was mutually agreed to by the said commissioners:||Compact between Maryland and Virginia, as to navigation, and the exercise of jurisdiction on the waters of Chesapeake bay and Pocomoke river.|
|First. The commonwealth of Virginia disclaims all right to impose any toll, duty, or charge, prohibition or restraint, on any vessel whatever sailing through the capes of Chesapeake bay to the state of Maryland, or from the said state through the said capes outward bound; and agrees that the waters of Chesapeake bay, and the river Pocomoke, within the limits of Virginia, be forever considered as a common high-way, free for the use and navigation of any vessel belonging to the said state of Maryland, or any of its citizens, or carrying on any commerce to or from the said state, or with any of its citizens; and that every such vessel inward or outward bound, may freely enter any of the rivers within the commonwealth of Virginia as a harbour, or for safety against an enemy, without the payment of port duties, or any other charge; and also, that the before mentioned parts of Chesapeake bay, and Pocomoke river, be free for the navigation of vessels from one part of the state of Maryland to another.|
|Second. The state of Maryland agrees that any vessel belonging to the commonwealth of Virginia, or any of its citizens, or carrying on commerce to or from the said commonwealth, or with any of its citizens, may|
|freely enter any of the rivers of the said state of Maryland as a harbour, or for safety against an enemy, without the payment of any port duty, or other charge.|
|Third. Vessels of war, the property of either state, shall not be subject to the payment of any port duty or other charge|
|Fourth. Vessels not exceeding forty feet keel, nor fifty tons burthen, the property of any citizen of Virginia or Maryland, or citizens of both states, trading from one state to the other only, and having on board only the produce of the said states, may enter and trade in any part of either state, with a permit from the naval-officer of the district from which such vessel departs with her cargo, and shall be subject to no port charges.|
|Fifth. All merchant vessels (excepting such as are described in the fourth article) navigating the river Potowmack, shall enter and clear at some naval office on the said river, in one or both states, according to the laws of the state in which the entry shall be made. And where any vessel shall make an entry in both states, such vessel shall be subject to tonnage in each state only in proportion to the commodities carried to, or taken from, such state.|
|Sixth. The river Potowmack shall be considered as a common highway, for the purpose of navigation and commerce to the citizens of Virginia, and Maryland, and of the United States, and to all other persons in amity with the said states, trading to or from the Virginia or Maryland.|
|Seventh. The citizens of each state respectively shall have full property in the shores of Potowmack river adjoining their lands, with all emoluments and advantages thereunto belonging, and the privilege of making and carrying out wharves and other improvements, so as not to obstruct or injure the navigation of the river; but the right of fishing in the river shall be common to, and equally enjoyed by the citizens of both states. Provided, That such common right be not exercised by the citizens of the one state, to the hindrance or disturbance of the fisheries on the shores of the other state; and that the citizens of neither state shall have a right to fish with nets or seines on the shores of the other.|
|Eighth. All laws and regulations which may be necessary for the preservation of fish, or for the performance|
|if quarantine, in the river Potowmack, or for preserving and keeping open the channel and navigation thereof, or of the river Pocomoke, within the limits of Virginia, by preventing the throwing out ballast, or giving any other obstruction thereto, shall be made with the mutual consent and approbation of both states.|
|Ninth. Light houses, beacons, buoys, or other necessary signals, shall be erected, fixed, and maintained upon Chesapeake bay, between the sea and the mouths of the rivers Potowmack and Pocomoke, and upon the river Potowmack, at the expence of both states. If upon Potowmack river, at the joint and equal charge of both states; and if upon the before mentioned part of Chesapeake bay, Virginia shall defray five parts, and Maryland three parts of such expence; and if this proportion shall in future times be found unequal, the same shall be corrected. And for ascertaining the proper places, mode, and plans for erecting and fixing light houses, buoys, beacons and other signals, as aforesaid, both states shall upon the application of either to the other, appoint an equal number of commissioners, not less than three nor more than five from each state, to meet at such times and places as the said commissioners or a major part of them, shall judge fit, to fix upon the proper places, mode, and plans for erecting and fixing such light houses, beacons, or other signals, and report the same, with an estimate of the expence, to the legislatures of both states, for their approbation.|
|Tenth. All piracies, crimes, or offences committed on that part of Chesapeake bay which lies within the limits of Virginia, or that part of the said bay where the line of division from the south point of Potowmack river (now called Smith's Point) to Watkins's Point, near the mouth of Pocomoke river, may be doubtful; and on that part of Pocomoke river, within the limits of Virginia, or where the line of division between the two states upon the said river, is doubtful, by any persons not citizens of Maryland, shall be tried in the court of the state of Maryland, shall be tried in the court of the state of Maryland which hath legal cognizance of such offence. And all piracies, crimes, and offences committed on the before mentioned parts of Chesapeake bay and Pocomoke river, by any persons not citizens of Maryland, against any citizen of Virginia,|
|shall be tried in the court of the commonwealth of Virginia which hath legal cognizance of such offence. All piracies, crimes, and offences committed on the said parts of Chesapeake bay and Pocomoke river, by persons not citizens of either state, against persons not citizens of either state, shall be tried in the court of the commonwealth of Virginia having legal cognizance of such offences: And all piracies, crimes, and offences committed on the said parts of Chesapeake bay and Pocomoke river, by any citizen of the commonwealth of Virginia, or of the state of Maryland, either against the other, shall be tried in the court of that state of which the offender is a citizen. The jurisdiction of each state over the river Potowmack, shall be exercised in the same manner as is prescribed for the before mentioned parts of Chesapeake bay and Pocomoke river, in every respect, except in the case of piracies, crimes, and offences committed by persons not citizens of either state, upon persons not citizens of either state, in which case the offenders shall be tried by the court of the state to which they shall first be brought. And if the inhabitants of either state shall commit any violence, injury, or tresspass, to or upon the property or lands of the other, adjacent to the said bay or rivers, or to any person upon such lands, upon proof of due notice to the offender to appear and answer, any court of record, or civil magistrate of the state where the offence shall have been committed, having jurisdiction thereof, may enter the appearance of such person, and proceed to trial and judgment, in the same manner, as if legal process had been served on such offender; and such judgment shall be valid and effectual against the person and property of such offender, both in the state where the offence shall have been committed, and also in the state where the said offender may reside, and execution may be issued by the court, or magistrate, giving such judgment, in the same manner as upon judgments given in other cases; or upon a transcript of such judgment, properly authenticated, being produced to any court; or magistrate, of the state where such offender may reside, having jurisdiction within the state, or county where the offender may reside, in cases of a similar nature, such court, or magistrate, shall order execution to issue upon such authenticated judgment in the same manner, and to the same extent, as if the|
|judgment had been given by the court, or magistrate, to which such transcript shall be exhibited.|
|Eleventh. Any vessel entering into any port on the river Potowmack, may be libelled, or attached for debt, by process from the state in which such vessel entered. And if the commercial regulations of either state shall be violated by any person carrying on commerce in Potowmack or Pocomoke rivers, the vessel owned or commanded by the person so offending, and the property on board, may be seized, by process from the state whose laws are offended, in order for trial. And if any person shall fly from justice, in a civil or criminal case, or shall attempt to defraud creditors by removing his property, such person, or any property so removed, may be taken on any part of Chesapeake bay, or the rivers aforesaid, by process of the state from which such person shall fly, or property be removed; and process from the state of Virginia may be served on any part of the said rivers, upon any person, or property of any person not a citizen of Maryland, indebted to any citizen of Virginia, or charged with injury having been by him committed; and process from the state of Maryland may be served on any part of the said rivers, upon any person, or property of any person, not a citizen of Maryland, or charged with injury by him committed. And in all cases to trial in pursuance of the jurisdiction settled by this compact, citizens of either state shall attend as witnesses in the other, upon a summons from any court, or magistrate, having jurisdiction, being served by a proper officer of the county where such citizen shall reside.|
|Twelfth. The citizens of either state having lands in the other, shall have full liberty to transport to their own state, the produce of such lands, or to remove their effects, free from any duty, tax, or charge whatsoever, for the liberty to remove such produce or effects.|
|Thirteenth. These articles shall be laid before the legislatures of Virginia and Maryland, and their approbation being obtained, shall be confirmed and ratified by a law of each state, never to be repealed, or altered, by either, without the consent of the other.|
|II. And whereas this general assembly are of opinion that the said compact is made on just and mutual|
|principles for the true interest of both governments, and the same having been confirmed by the general assembly of the state of Maryland: Be it therefore enacted, That the said compact is hereby approved, confirmed, and ratified by the general assembly of Virginia, and that every article, clause, matter and thing therein contained, shall be obligatory on this state and the citizens thereof, and shall be forever faithfully and inviolably observed and kept by this government and all its citizens, according to the true intent and meaning of the said compact; and the faith and honour of this state is hereby solemnly pledged and engaged to the general assembly of the state of Maryland, and the government and citizens thereof, that this law shall never be repealed, or altered, by the legislature of this commonwealth, without the consent of the state of Maryland.|
|I. WHEREAS the United States in congress assembled, have by their act of the twenty-seventh of September last, made a requisition of three millions of dollars, to be paid by the several states in the union, on or before the first day of May next, and have stated the proportion to be paid by this state, at five hundred and twelve thousand nine hundred and seventy-four dollars; and whereas, this assembly is ever desirous to make provision for the punctual and honorable discharge of their proportion of the debts and expences of the federal government:||Appropriation of public revenue.|
|II. Be it therefore enacted, That instead of four hundred thousand dollars, formerly appropriated for continental purposes, there shall be paid by the treasurer of this commonwealth, on or before the first day of|
|May next, to such person or persons as may be by the United States in congress assembled, duly authorized to receive the same, the aforesaid sum of five hundred and twelve thousand nine hundred and seventy-four dollars; one-third of which payment shall be made in Spanish milled dollars, or other silver or gold coin equivalent thereto, and the other two-thirds shall be paid in certificates granted for the interest due upon loan-office certificates granted for the interest due upon loan-office certificates, and upon other certificates of the liquidated debts of the United States, and described in the before-recited act of congress of the twenty-seventh of September last: Provided always, That if the amount of the aforesaid interest certificates in the hands of the treasurer, shall on the first day of January, one thousand seven hundred and eighty-seven, fall short of two-thirds of the above sum of five hundred and twelve thousand nine hundred and seventy-four dollars, the deficiency shall be paid by the treasurer in Spanish milled dollars, or other silver or gold coin equivalent thereto. And for assuring full and complete payment of the aforesaid sum of five hundred and twelve thousand nine hundred and seventy-four dollars,|
|III. Be it enacted, That all the arrearages of the land and slave tax heretofore appropriated to the payment of this state's quota of the debts of the United States, shall be applied in discharge thereof, and also so much of the revenue arising from half the slave tax, and from the land tax, for the years one thousand seven hundred & eighty-five, and one thousand seven hundred and eighty-six, which have been heretofore appropriated to the payment of this state's quota of the debts of the United States, shall be applied thereto, until the said amount is fully paid; and should the said funds not prove sufficient to make good the aforesaid payment, in the year one thousand seven hundred and eighty-six, the deficiency shall be made good from any money arising from the general fund not heretofore appropriated; and if the said funds shall, within the course of the year one thousand seven hundred and eighty-six, yield more money than will pay the aforesaid sum to congress, such excess shall be applied in aid of the general fund.||Taxes appropriated.|
|IV. And be it further enacted, That the treasurer of this commonwealth shall transmit to the board of treasurer|
|of the United States, once in every month, a state of all sums paid by him on account of the United States, to their commissioner of the loan-office, or to such other person or persons as may be duly authorized to receive the same, expressing the dates and amounts of the respective payments, and distinguishing the sums paid in actual money, from those payments made in interest certificates. And whereas congress have directed every commissioner of the continental loan-office, previously to settling and issuing certificates as aforesaid, for the interest due on certificates of liquidated debts other than loan-office certificates, to administer an oath or affirmation, or require a certificate signed by one of the persons whom the state in which the commissioner resides, shall, in the legislative act complying with the requisition aforesaid of the twenty-seventh of September, one thousand seven hundred and eighty-five, appoint, that he has administered to the owner or possessor of every such certificate, an oath or affirmation, that the same is bona fide the property of the particular state in which the said commissioner resides, or of a citizen or citizens of the said state, or of some corporate body or charitable institution within the same, or of some person who is not a citizen of any of the United States, describing the certificate or certificates alluded to in every such oath or affirmation, in such manner as shall be necessary to identify the same; and it becomes therefore necessary to authorize certain persons to administer such oath or affirmation in this state:|
|V. Be it therefore enacted, That every justice of the peace within this commonwealth shall be, and is hereby authorized and empowered, to administer such oath or affirmation, and to give a certificate thereof, according to a form which the commissioner of the continental loan office in this state shall prescribe, and publish six weeks successively in the public newspapers of this state. And whereas, by an act passed during the present session, all persons chargeable with certain taxes, being part of the revenue for one thousand seven hundred and eighty-five, not yet collected, are permitted to pay a certain proportion thereof in continental interest certificates, as described aforesaid, and it will contribute to the relief of the people of this commonwealth, to extend the same to the collection of the revenue|
|of one thousand seven hundred and eighty-six, in such proportion, that a sufficient amount of such interest certificates may be collected, as will pay two-thirds of this state's quota to the United States:|
|VI. Be it therefore enacted, That every person chargeable with the revenne tax for one thousand seven hundred and eighty-six, under the act "To amend and reduce the several acts of assembly for ascertaining certain taxes and duties, and for establishing a permanent revenue, into one act," may pay one-third pay of such taxes in certificates granted by any commissioner of continental loans in any of the United States, for the interest due upon loan-office certificates, or upon other certificates of the liquidated debts of the United States; and such sheriff or collector, upon payment thereof into the public treasury, shall be allowed a discount for all such interest certificates so by him collected: Provided always, That the amount thereof shall not exceed one-third part of the taxes by him collected.|
|VII. And be it further enacted, That two thousand pounds of the money arising annually from the tonnage of vessels, and from the duties upon goods, wares, and merchandizes, imported into this commonwealth, shall be appropriated to defraying the expenses of the boats Liberty and Patriot, under the direction of the executive.|
|VIII. Be it enacted, That the treasurer be authorized and directed to make good the subscription to the Potowmack and James river companies, in behalf of the state, as the several dividends may from time to time be applied for by the president and directors of the said companies, out of the surplus of any public monies arising under the several laws for the inspection of tobacco. The sum of eighty thousand pounds shall be paid in the years one thousand seven hundred and eighty-six, and one thousand seven hundred and eighty-seven, in discharge of debts due to persons who are not citizens of this state; all the nett revenue arising from the duty of two and an half per centum, on merchandize imported, and from the tax on law process and alienations, shall be applied to this purpose. In aid of the said funds shall also be applied, after making good former appropriations, all the money arising from the sale of the Gosport lands which have already been sold, or which may be hereafter sold, if the governor shall, with the advice of council, think proper to|
|direct a further sale of the same; the apportionment of the said sum shall be made amongst the said creditors of the public, in such manner and in such proportions, as the governor, with the advice of council, shall direct, except where any of the said creditors shall be entitled to a preference in consequence of any act or resolution of the general assembly, directing the same to be paid out of the funds aforesaid, and such preference to be given. Warrants for the said payments shall be drawn by the auditors of public accounts, in favour of such persons as the governor, with the advice aforesaid, shall specially direct; and the said warrants shall express that the same are to be received in payment for the Gosport lands, and shall be countersigned by the governor or chief magistrate of this commonwealth. And whereas no provision hath yet been made for the payment of the tobacco borrowed for the use of this commonwealth, under the resolution of the May session, one thousand seven hundred and eighty:|
|IX. Be it therefore enacted, That the governor shall take such measures as shall to him, with advice of council, seem just and equitable, for ascertaining the value of such tobacco in money; for the payment whereof, and interest thereon at the rate of six per cent. from the delivery of such tobacco, warrants shall be granted by the auditors of public accounts, by special direction of the governor, with advice aforesaid, to the persons entitled thereto; the fund for payment whereof shall be the money arising on or before the first day of October next, from three shillings per hogshead imposed on tobacco exported, agreeably to an act "To appoint commissioners to state and settle the losses sustained by the burning of the warehouses at Rocky Ridge," first complying with the purposes of the said act: And provided the money arising under the said act shall not be sufficient fully to comply with the purposes aforesaid, on or before the first day of October next, the deficiency shall be made good out of the general fund; and if there shall be any excess or overplus by the said first day of October, the same shall be applied in aid of the general fund. The said warrants shall also express that the same shall be received by any sheriff or collector of public taxes, in payment of any specie tax, and the same shall be so received; and such sheriff or collector, on payment thereof into the public treasury, shall have the same allowed accordingly.|
|X. And be it further enacted, That a sufficient sum to pay the balances due for building houses for the reception of hemp, agreeably to an act intituled, "An act for the inspection of hemp," shall also be drawn from the surplus which may arise under the laws for the inspection of tobacco, the claims being first audited according to law, if so much remain after making good former appropriations.|
|XI. And be it further enacted, That a sum not exceeding six hundred pounds, out of the contingent fund, be set apart for the purposes of the public hospital in the city of Williamsburg, upon warrants from the auditors, under orders of the executive, on application of the board of directors.|
An act for improving the navigation of the south branch of Potowmack river.
|BE it enacted by the General Assembly, That the owner or proprietors of any and every mill on the south branch of Potowmack river, from the mouth thereof upwards, to the north fork, shall, and they are hereby directed and required, respectively, on or before the first day of January, one thousand seven hundred and eighty-seven, to make and fix in each mill-dam, a proper slope for the passage of fish up the same, and moreover to cut or cause to be cut, a canal or race, by means of which boats navigated in the said river, may conveniently and safely pass up or down the same, without being impeded by such mill-dams. If such slope and canal be not made at each mill-dam, on or before the day aforesaid, for every twenty-four hours thereafter that the party neglects or fails therein, he shall forfeit and pay the sum of five pounds to any person who will sue for the same; to be recovered, with costs, by action of debt, or information, in any court of record within this commonwealth, and applied, one half towards clearing the said river, and the other half|| Owners of mills on south branch of Potowmack to make slopes, for
passage of fish, and to cut canals for passage of boats. |
Penalty for neglect.
|to the use of the person suing therefor. All hedges and other stops to the navigation of the said river, within the limits aforesaid, made or placed therein (mill-dams excepted) shall be removed and destroyed by the person or persons who made or placed the same; and that in future, no hedge or stop in any wise obstructing the course or passage of the said river, shall be placed or set therein. And if any person shall presume to make and place, or cause to be made and placed, any artificial obstruction in the said river, within the limits aforesaid, in any manner tending to impede the navigation thereof, it shall be lawful for any person to pull up and destroy the same, and the party shall moreover forfeit and pay the sum of five pounds for every twenty-four hours such artificial obstruction shall remain therein; to be recovered, with costs, by action of debt, or information, in any court of record, one moiety to the use of the person who will sue for the same, and the other moiety to be applied towards clearing and improving the navigation of the said river.||Hedges and stops to be removed, under a penalty|
|I. WHEREAS it hath been represented to this present general assembly, that it would be of great utility and a public convenience, to establish warehouses for the reception and inspection of tobacco at Crow's ferry, on James river, and at the confluence of the North and South branches of Potowmack, in the forks of the said river, on the lands of Thomas Cresap, in the county of Hampshire, the proprietors whereof are willing to build the same at their own expence:|
|II. Be it therefore enacted, That an inspection of tobacco shall be, and the same is hereby established; on||Inspections of tobacco established at|
|the lands of William Crow, in the county of Botetourt, to be called and known by the name of Crow's warehouse; and on the land of Thomas Cresap, at the confluence of the North and South branches of Potowmack, in the county of Hampshire, to be called and known by the name of Cresap's warehouse: That the inspectors at the said warehouses, upon the delivery of their notes, or an order where notes have not been issued, shall deliver the tobacco for transportation, with a printed manifest descriptive of the owner's name, the name of the skipper of the batteau or canoes if transported by water, or if waggoned, the name of the waggoner, to what warehouse or port the same is destined, and to whom to be delivered; the said manifest shall moreover express the marks, numbers, and weights of the tobacco, and each hogshead shall be stamped with the name of the warehouse at which it was inspected; which manifest shall by the skipper or waggoner (as the case may be) if the tobacco is intended to be sent to any warehouse heretofore established, be delivered to the inspectors thereof, who are hereby required to receive the same and grant a receipt therefor, and enter such tobacco in a separate book to be by them provided and kept for that purpose, and on the receipt aforesaid being presented, shall deliver the said tobacco, with the manifests, for exportation, when required, and may demand for all such tobacco the same warehouse rent as for other tobacco by them inspected, and the sum of one shilling for each hogshead, to the use of the inspectors for their trouble in receiving and delivering the same. Provided always, that nothing in this act contained shall be construed to prevent any owner of tobacco passed at the said inspections, who has previously paid the legal duties, from exporting, selling, or storing the same in any private warehouse, without being obliged to store the same in any warehouse heretofore established. And to prevent fraud where the owner of the tobacco inspected at either of the said warehouses may incline to export the same by land to any of the United States.||Crow's ferry, in Botetourt, and on lands of Thomas Cresap, in Hampshire.|
|III. Be it enacted, That the owner thereof, previous to the delivery of the tobacco, shall procure a duplicate of the manifest, with a certificate from the inspectors that the duties imposed by law on such tobacco have been paid; which certifiicate, with all others granted|
|in similar cases, shall be lodged with the clerk of the court of that county where the tobacco was inspected, to be by him transmitted to the auditors of public accounts, on or before the twenty-fifth day of October annually, to be by them compared with the inspectors accounts. And in case the owner of the tobacco shall suspect any fraud to have been practised or used by any skipper or waggoner in the transportation thereof from either of the said warehouses, it shall be lawful for the inspectors at any warehouse to which the same may be brought, and they are hereby required, at the request of such owner, to re-inspect and weigh the same, and if found to be damaged or embezzled, the inspectors shall not enter the same in their books, but it shall remain subject to the directions of the owner, in like manner as other damaged tobacco.|
|IV. And be it further enacted, That the appointment of inspectors, and all other regulations appertaining to the said warehouses, shall be the same as is provided by law for other inspections, so far as the same do not contravene this act. All tobacco inspected at either of the said warehouses, shall be subject to the same duties and imposts, and be collected and accounted for by the inspectors in the same manner and under the like penalties, as are directed and prescribed for other warehouses heretofore established. And the inspectors at each of the said warehouses, may demand and receive for each hogshead by them inspected, the sum of four shillings, one shilling whereof to be by them accounted for and paid to the proprietor for the rent of the warehouse, and the residue for their own use. Provided nevertheless, That no person shall be obliged to receive any notes, passed at any of the said warehouses, in discharge of any tobacco contracts heretofore entered into. And whereas great advantages may be derived to the commonwealth, by encouraging the manufacture of tobacco:|
|V. Be it therefore enacted, That the inspectors at the several warehouses within this commonwealth, shall deliver any inspected tobacco to any person or persons who shall duly demand such tobacco for the purpose of manufacturing the same, and grant him or them a manifest therefor, upon such persons paying the usual duties, and lodging with them a certificate of his or their having before some court of record within this commonwealth||Manufacture of tobacco, rules concerning.|
|entered into bond, with sufficient security in the penalty of one thousand pounds, payable to the governor and his successors, for the use of the commonwealth, with condition that he or they will not export, or cause or suffer to be exported, either by land or water, any tobacco received by him or them for the purpose of manufacturing, until it has been so manufactured: Nevertheless, it shall be lawful to export any such manufactured tobacco, affidavit being made before a magistrate that the said tobacco had been inspected and passed at some inspection before the same was manufactured, although the same be not packed in hogsheads, any law to the contrary, notwithstanding.|
|I. BE it enacted by the General Assembly, That the inspection of tobacco at Rust's warehouse, in the county of Westmoreland, shall from and after the tenth day of February next, be discontinued, and thenceforth an inspection shall be, and the same is hereby established on the lands of Catesby Jones, in the town of Kinsale, to be called and known by the name of Kinsale; provided the said Jones shall build convenient houses at his own expence. The transfer notes issued by the inspectors thereof, shall be payable for public dues in like manner as those of Rust's warehouse, and shall be under the same inspection of Yeocomico.||Inspection of tobacco at Kinsale established; and Rust's warehouse discontinued.|
|II. And be it further enacted, That from and after the first day of October next, the inspection of tobacco at Robert Bolling's warehouses, shall be removed to, and established on the lands of the proprietors thereof adjoining to Bolling's and Tabb's mill, and that convenient||Robert Bolling's warehouse removed.|
|and proper houses shall be built thereon at the expence of the proprietors. The inspection of tobacco at Shepherd's warehouse, in the county to King and Queen, shall be, and the same is hereby revived and established, for and during the term of two years.|
|III. And be it further enacted, That the inspection of tobacco in the town of Suffolk is hereby revived and established, the proprietors of the land being willing to rebuild convenient houses thereon.||Inspection at Suffolk revived|
|IV. Provided always, and be it further enacted, That if at the expiration of two years from the passing of this act, the quantity of tobacco taken at Suffolk warehouse shall not be sufficient to pay the rents and inspectors salaries, that thenceforth the said inspection shall be discontinued. There shall be allowed and paid annually, to each of the inspectors at Shepherd's, the sum of twenty-five pounds; to each of the inspectors at Suffolk, the sum of twenty-five pounds; to each of the inspectors at Petersburg warehouses, the sum of eighty pounds; and to each of the inspectors at John Bolling's, the sum of seventy pounds; and no more. And whereas by an act of assembly passed in May, one thousand seven hundred and eighty-three, intituled "An act to amend and reduce the several acts of assembly for the inspection of tobacco, into one act;" it is among other things declared and enacted, "That in case any of the said warehouses therein named, shall not after the first day of October next, and before the first day of October, one thousand seven hundred and eighty-five, receive a sufficient quantity of tobacco to pay the inspectors salaries and rents of the warehouses, the inspection of tobacco at such warehouses respectively shall be thenceforth discontinued, unless the same shall be supported at private expence: Provided, That this clause shall not extend to the discontinuance at one time, of two or more warehouses which may be in the same county, or county next adjacent; but in such cases that warehouse shall be discontiued to which the smallest quantity of tobacco may be brought in the years aforesaid:" And it is judged expedient that the operation of the said clause should be suspended:||Rules as to inspectors salaries, at Suffolk & other warehouses.|
|V. Be it therefore enacted, That the operation of the said clause shall be, and the same is hereby suspended,||Act as to discontinuance of warehouses suspended|
|from and after the said first day of October last, until the first day of October, one thousand seven hundred and eighty-seven.|
CHAP. XXII. An act for establishing certain inspections of tobacco.
|I. WHEREAS it has been represented to this present general assembly, that it would be of great public utility to establish warehouses for the reception and inspection of tobacco at John Lynch's ferry, on the land of the said Lynch on James river, in the county of Campbell, and at the Point of Fork, in the county of Fluvanna, on the lands of David Ross; and that the proprietors of the said lands are willing to build convenient houses at their own expence:||Inspections of tobacco at Lynch's ferry, in Campbell, and at Point of Fork in Fluvanna established.|
|II. Be it therefore enacted, That inspections of tobacco shall be, and the same are hereby established, on the land of the said John Lynch, at his ferry in the said county of Campbell, to be called and known by the name of Lynch's; and at the point of Fork, in the county of Fluvanna, on the lands of David Ross, to be called and known by the name of Rivanna warehouse. There shall be allowed and paid annually, to each of the inspectors at the said warehouses, the sum of thirty pounds for their salary. The inspectors at the said warehouses, upon the delivery of their notes, or an order where they have not issued notes, shall deliver the tobacco for transportation, with a manifest of the same, expressing the owner's name, the name of the skipper of the batteau or canoe, with the marks, number, and weight of the tobacco, with the manifest, shall be delivered to the inspectors at Byrd's, Shockoe's, Manchester, Rocky Ridge, or Rockett's, who are hereby required to receive the same, and enter the said tobacco agreeable to the said manifest, in books to be|
Rules for transporting the tobacco to other warehouses, on tide water.
|by them provided and kept for that purpose, and grant their receipts for the same to the owners thereof, and be delivered for exportation, when required. The inspectors at the last mentioned warehouses are hereby empowered to examine and weigh any tobacco to them delivered, when required by the owner thereof, and if found to be damaged or embezzled, the same shall not be entered in the books, but remain in the warehouse, subject to the direction of the owner, in like manner as other damaged tobacco.|
|III. Be it further enacted, That the inspectors at each of the said warehouses of Byrd's, Shockoe's, Manchester, Rocky Ridge, or Rocketts, shall demand and receive for all tobacco brought to the said warehouses, by virtue of this act, the same warehouse rent as is allowed for tobacco relanded from on board any vessel, and be appropriated in the manner directed by law for the appropriated in the manner directed by law for the appropriation of the tax or rent on such relanded tobacco. The impost and duty on tobacco inspected at the said warehouses, shall be the same, and collected, accounted for, and paid in like manner as is directed and prescribed by law for other tobacco inspections, except where it shall be otherwise particularly directed by this act.||Warehouse rent on tobacco brought from an upper inspection.|
|IV. And be it further enacted, That the county courts of Campbell and Fluvanna, be empowered, and they are hereby required, to recommend fit persons for each of the said inspections in the months of March or April next, to inspect all tobacco that shall be brought to the said warehouses. Provided nevertheless, That no person shall be obliged to receive any notes for tobacco passed at either of the said warehouses, in discharge of any tobacco contract heretofore entered into.|
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