|Pages 464-496||Pages 529-558|
|[Passed January 5, 1788.]|
|I. BE it enacted by the General Assembly, That the act intituled "An act for establishing courts of assize," shall be, and the same is hereby repealed. And that so much of every act or acts of assembly as prohibits an attorney from practising at the same time in the superior and inferior courts, shall be, and the same is hereby repealed, except only that no attorney shall be permitted to prosecute in a superior court, an appeal from a judgment or decree of any inferior court, where he shall have appeared in the inferior court for the appellant.|| Act establishing courts of assize repealed.|
Attornies may practice in superior & inferior court but not prosecute appeals where they had appeared for the appellant.
|II. And be it further enacted, That from and after the first day of July next, the presence of five judges of the general court shall be necessary to constitute a court any law to the contrary notwithstanding.||Number of judges to constitute general court.|
|[Passed the 17th of December, 1787.]|
|I. WHEREAS the records of several county courts within this commonwealth, and other papers of consequence have been or may be destroyed by fraud, accident, or otherwise, to the great injury of the citizens of this commonwealth: For relief therefore of such persons whose estates, titles, or interests have been or may be affected thereby,||Preamble.|
|II. Be it enacted by the General Assembly, That the courts of the counties where any such losses may have accrued, or shall hereafter accrue, when any original deeds, with an indorsement of the acknowledgment or proof thereof, and order for recording the same attested by the clerk of the court, or the copies of any deeds with the indorsement so attested, or any wills, with the indorsement of the proof and the order for recording the same so attested, or of any judgment, decree, or order of the court, in like manner attested, or of any inventory or other document before admitted to record in such court, and of all bonds, bills, notes, and all other papers necessarily filed in the office of such county, (the original of the same being lost or otherwise destroyed) shall be produced to them, shall order the clerk again to record all such original deeds, copies of deeds, or wills, with the said indorsement respectively; and all such copies of judgments, decrees, and orders of the court of their county, or of inventories or other documents; and the said clerk, when he shall have recorded any thing in pursuance of this act, shall indorse on the same that the original had been lost or destroyed, and shall make an entry to the same effect on the record with the thing recorded, which shall have the same operation and effect in law, to all intents and purposes, as the original record would have had.||Records destroyed, how re-instated.|
|III. And be it also enacted, That the clerks of the several counties shall do and perform the services in this act mentioned for the same fees that are allowed by law in other cases, for a copy of any thing herein before-mentioned; and in like manner, shall take no other or greater fee for recording any deed which hath been already recorded, or shall be made only by occasion of the misfortune aforesaid, for settling the right or title of any person or persons whatsoever, to lands and tenements, slaves, or goods and chattels, than in other cases is or shall be allowed by law for the copy of any such deed; any law, usage or custom to the contrary notwithstanding.||Fees of clerks.|
|IV. And be it further enacted, That it shall and may be lawful for the governor, with the advice of council, to issue one or more commissions, as the case may require, under the seal of the commonwealth, to nine able and discreet persons directed, giving them or any of them full power and authority to meet at some||Commissioners to be appointed by executive.|
|convenient place, by them to be appointed, and to adjourn from time to time as they shall think fit, and to summon, hear, and examine all witnesses, at the instance of any person, touching the premises, and to take their depositions in writing, and to return the same with such commission or commissions, to the executive; which depositions shall be by them laid before the general assembly at the next session, to the end that they may be enabled to grant such effectual relief to the sufferers by the loss of the said records as to them shall seem just and reasonable. And the said commissioners shall have power to appoint some person skilled in clerkship to attend them for keeping a journal of their proceedings, and drawing the depositions aforesaid; which person shall be paid for his services by each county respectively.|
|[Passed the 13th of December, 1787.]|
|BE it enacted by the General Assembly, That it shall be lawful for the courts of the several counties and corporations within this commonwealth, to appoint so many inspectors of lumber within their respective limits as they shall deem necessary. The inspectors so to be appointed, shall in all cases be governed by the same rules and regulations, be subject to the same penalties, and have the same allowance for their services, as are prescribed by an act passed at the last session of the general assembly, intituled "An act authorising the courts of the counties of Norfolk, Princess-Anne, and borough of Norfolk, to appoint inspectors of lumber." If any master, commander, or skipper of any ship or vessel, shall take on board for exportation any lumber||Inspectors of lumber my be appointed in each county and corporation.|
|not duly inspected and passed from any port or place within any county or corporation where such inspectors have been or shall be appointed, he shall be subject to the same penalties as are imposed by the said recited act upon the master, commander, or skipper of any vessel taking on board for exportation lumber not duly inspected and passed from any port or place of Elizabeth river.|
|[Passed the 4th of December, 1787.]|
|BE it enacted by the General Assembly, That the courts of the several counties within the district of Kentucky, if a majority of the magistrates, or not less than seven of each county be sitting, shall be, and they are hereby empowered, to establish public ferries across those rivers or creeks within their respective counties, wherever they shall deem it necessary: Provided nevertheless, That no such ferry shall be established, unless the parties owning lands on both sides of any such river or creek, shall have had one month's notice, that application would be made for the establishment of such ferry. Where any river or creek shall be the boundary line between two counties, and any person owning land on either side of the said river or creek, shall wish to have a public ferry across the same, he or she shall apply to the court of the county in which his or her land lies, who are hereby authorised to establish such ferry from the land of such person to the opposite shore. And if any person shall think himself or herself aggrieved by the establishment of a public ferry or ferries by the county courts under this act, he or she shall have the right of appeal, or of obtaining a writ of error or supersedeas to the supreme court of the district from such determination or judgment, upon giving bond and security in like manner as is directed in other cases.|
County courts in Kentucky authorised to establish ferries.
|[Passed the 14th of December, 1787.|
|I. WHEREAS divers acts of the general assembly of Virginia, as well public as private, were passed during the former regal government, with clauses thereon for their suspension until the royal approbation thereof respectively should be obtained, a notification of which assent when transmitted hither from Great Britain, was registered in the council books of that time; but as most of those books were lost or destroyed during the late war, persons who may be interest to prove the fact of such assent having been obtained, are deprived of that highest species of evidence, whereby many citizens may be involved in expensive and troublesome contentions, and in the private cases purchasers may lose not only their purchase money, but valuable improvements: For remedy wherein,||Preamble.|
|II. Be it enacted by the General Assembly, That from and after the passing of this act, when in any court of law or equity a question shall arise, whether an act of assembly passed with a clause suspending such act until the royal approbation thereof was obtained, hath received such approbation; every such question shall be discussed upon such evidence and circumstances as may be produced by the parties, without requiring either party to shew the official assent to such act, or a certificate from the council books that such assent was registered therein; any law, usage, or custom to the contrary notwithstanding.||Evidence of royal assent to act of assembly, how supplied.|
| CHAP. XXI.|
An act prescribing the method of proving certain wills.
[Passed the 2d of January, 1788.]
|I. WHEREAS it frequently happens that the wills of persons dying possessed of property within this commonwealth, are attested by persons who reside out of the jurisdiction of the courts thereof, so that they cannot be compelled by any legal process to attend for the purpose of proving such wills;||Preamble.|
|II. Be it therefore enacted by the General Assembly, That it shall be lawful for the general court, or the supreme court of the district of Kentucky, when any will shall be produced to them for probate, and any witness or witnesses attesting the same, shall reside out of the jurisdiction of the said courts respectively, to issue a commission or commissions annexed to such will and directed to the presiding judge of any court of law, to any notary-public, mayor, or other chief magistrate of any city, town, corporation, or county where such witness or witnesses may be found empowering him to take and certify their attestations. If the person to whom any such commission shall be directed, shall certify in the manner such acts are usually authenticated by him, that the witness or witnesses personally appeared before him, and made oath, or affirmed, as the case may require, that the testator signed and published in the writing annexed to such commission, as his last will and testament, or that some other person signed it by his direction, that he was of disposing mind and memory, and that he or they subscribed their names thereto in his presence, and at his request, such oath or affirmation shall have the same operation, and the will be recorded in like manner, as if such oath or affirmation had been made in the court from whence such commission issued.||Proof of wills by witnesses residing out of the state, how effected, in general court, and in Kentucky.|
|III. And be it further enacted, That it shall be lawful for any county court, when any will shall be produced to them for probate, and any witness or witnesses attesting the same shall reside out of the limits of this commonwealth, or out of the jurisdiction of the supreme||In county courts.|
|court of that part of the country in which such county may be, to issue commissions in the manner before directed; and upon the return thereof, with the attestations before-mentioned duly authenticated, such wills shall be recorded in like manner as if such commissions had issued from the general court, or the supreme court of the district of Kentucky. And whereas the wills of sundry persons dying in the district of Kentucky, have been proved and recorded in the general court, and in the courts of counties not within the said district, and the said wills cannot now be removed to the county where any such person may have died;|
|IV. Be it therefore enacted by the General Assembly, That it shall be lawful for the court of any county within the said district of Kentucky, in which any person died whose will has been recorded in the general court, or in the court of any county not within the said district, to qualify the executors, or to grant certificates for obtaining letters of administration, upon an attested copy being produced to them of any such will, with a certificate that the same has been duly proved and recorded in any such court. And whereas the intercourse between this state and the other states in the union, and between this state and foreign nations, has become more considerable than heretofore, which renders it necessary that some mode should be adopted, to give authenticity to wills of persons dying within any of the United States of America, or in any foreign kingdom, state, nation, island, or colony beyond sea, and out of the jurisdiction of this state, having lands, goods, chattels, debts, or demands within this state, as well as to policies of insurance, charter-parties, powers of attorney, or other agreements in writing, foreign judgments, and specialties on record, registers of births, marriages, made, executed, entered into, given, and enregistered, by and between persons residing in any of the United States, or in any foreign kingdom, state, nation, or colony beyond sea, and out of the jurisdiction of this state:||Courts in Kentucky, may admit qualification, on attested copies of wills, &c.|
|V. Be it enacted, That copies of wills of such persons made, or hereafter to be made, and duly proved according to the laws of such other state in the union, kingdom, nation, island, or colony beyond sea, or of any place or places out of the jurisdiction of this state.||Wills executed in foreign countries, how proved here.|
|where the testator shall have died, attested by the bishop, register, commissary, clerk, or other officer to whose custody such will, shall by the laws of such state, kingdom, nation, island, or colony, have been committed; to which copy shall be affixed a testimonial, and the seal of the city, county, corporation, or borough where such office is held, or of a notary-public residing in such city, county, corporation, or borough, or of the great seal of such state, kingdom, nation, province, island, or colony beyond sea, and out of the jurisdiction of this state shall be admitted to record in the general court, in the same manner as if the original will or wills had been proved in open court by the witnesses thereto, and copies of the same certified by the clerk of the said court, shall be admitted in evidence in all courts within this state, as if the original will or wills had been proved in the said court.|
|VI. And be it further enacted, That all policies of insurance, charter-parties, powers of attorney, foreign judgments, specialties on record, registers of birth, and marriages, which have been made, executed, entered into, given, and enregistered in due form according to the laws of such state, kingdom, nation, province, island, or colony, and attested by a notary-public, with a testimonial from the proper officer of the city, county, corporation, or borough where such notary-public shall reside, or the great seal of such state, kingdom, province, island, colony, or place beyond sea, shall be in evidence in all courts of record within this commonwealth.||Notary public, attestation of policies, powers of attorney, &c. valid.|
|VII. And be it further enacted, That all persons named as executors in any such will, shall after the copy thereof has been admitted to record as above directed, be entitled to a probate of the said will, in the same manner as if the original will had been proved in such court. And where there shall be no executors named in the said will, or the executors therein named shall all of them refuse the executorship, the court shall have the same power and authority to hear and determine the right of administration, and to grant a certificate for obtaining letters of administration with the will annexed, as if the original will had been proved in court.||Executors may take probate of foreign wills, after recorded.|
| CHAP. XXII.|
An act to explain and amend the acts for preventing fraudulent gifts of slaves.
[Passed the 31st of December, 1787.]
|I. WHEREAS by an act of general assembly, made in the year of our Lord, one thousand seven hundred and fifty eight, intituled "An act for preventing fraudulent gifts of slaves," after reciting in the preamble thereof that many frauds have been committed by means of secret gifts made or pretended to have been made of slaves by parents and others, who have notwithstanding remained in possession of such slaves, as visible owners thereof, whereby creditors and purchasers have been frequently involved in expensive law suits, and often deprived of their just debts and purchases: for the prevention thereof it was enacted, that from and after the passing of the said recited act, no gift of any slave or slaves shall be good or sufficient in law to pass any estate in such slave or slaves to any person or persons whatsoever, unless the same be made by will duly proved and recorded, or by deed in writing, to be proved by two witnesses at the least, or acknowledged by the donor, and recorded in the general court, or the court of the county where one of the parties lives within eight months after the date of such deed or writing. And whereas in the general construction of the said recited act, and of one other act of general assembly, made in the year of our Lord, one thousand seven hundred and fifty seven, also intituled "An act for preventing fraudulent gifts of slaves," it has been understood that the same were not intended to interfere between the donor and donee, further than to prevent deceptions and frauds, and that the enacting parts of the said acts extended only to secret gifts of slaves, and whereof the donor retained possession, and not to gifts where the possession had been in the donee. And many parents and others have since the passing of the said recited acts, made gifts of slaves to their children and others, without deed in writing, and such donees have continued in possession of the slaves so given under a delivery at the time of making, or||Preamble.|
|after such gifts, by which the donees have been considered as the owners of such slaves, and have obtained credit thereby. And whereas, from a late adjudication in a question arising on the said recited acts, it was determined that all gifts of slaves since the said acts are void, unless made in writing or confirmed by will, as in the said acts is directed; which late adjudication, by disquieting and disturbing possessions, will tend to produce infinite disputes and litigation, and contrary to the intention of the donors, to deprive children of the provision made for them by their deceased parents, injure husbands who have married women possessed of slaves under such gifts, defraud creditors and purchasers of and under such donees, and multiply the mischiefs the said acts were intended to remedy: For prevention whereof,|
|II. Be it enacted by the General Assembly, That the said recited acts for preventing fraudulent gifts of slaves, shall from and after the passing of this act, be construed to extend only to gifts of slaves whereof the donors have, notwithstanding such gifts, remained in possession, and not to gifts of such slaves as have at any time come into the actual possession of, and have remained with the donee, or some person claiming under such donee.||Construction of acts to prevent fraudulent gifts of slaves.|
|III. Provided always, That nothing in this act contained shall be construed to alter any adjudication heretofore made under the said two recited acts, or either of them, nor to affect the interest of any bona fide purchaser for a valuable consideration, or creditor of the donor, before the donee hath been at least three years in possession of the slave or slaves under such gift; nor in any manner to restrain or affect the operation of the act of limitations.|
|[Passed the 8th of January, 1788.]|
|I. WHEREAS it sometimes happens the courts of the counties within this commonwealth are so divided in the appointment of their clerks, that neither of the candidates can be elected, whereby great inconveniences arise to the suitors in such courts, and like inconveniences may happen in the recommendation of surveyors:|
|II. Be it therefore enacted by the General Assembly, That whensoever the court of any county within this commonwealth shall be so divided in the appointment of a clerk, or in the recommendation of a surveyor, that neither of the candidates shall be elected, or in the case of a surveyor recommended, it shall be lawful for the high sheriff of such county, and he is hereby required, to give his vote in favor of one of those candidates, between whom the court shall be divided. And whereas by an act, intituled "An act to extend the powers of the government and council," it is amongst other matter therein contained, enacted "that upon any charge being made against a justice of the peace for misconduct, neglect of duty, or mal-practices, it shall and may be lawful for the governor, with advice of the council, to enquire into the charge, and if the facts alledged be proved, he in that case may, with the advice aforesaid, remove such justice from the execution of his office." And whereas so much of the said act, as above recited, appears to the present assembly to be contrary to the true spirit of the constitution, which declares "that the legislative, executive, and judiciary departments, shall be separate and distinct, so that neither exercise the powers properly belonging to the other;"||Courts equally divided, in appointments of clerks and surveyors, the high sheriff to decide.|
|III. Be it therefore enacted, That so much of the said act, to extend the powers of the governor and council, as is above recited, shall be, and the same is hereby repealed.||Act empowering governor and council to remove justices of the peace, repealed.|
|[Passed the 1st of December 1787.]|
|I. WHEREAS it hath been represented to the general assembly, that the opining of the navigation in Potowmack and James rivers, hath been retarded by the failure of many of the members of the companies, instituted for the purpose of effecting the same, to pay their respective subscriptions: And whereas the mode of recovery now established by law hath been found wholly inadequate thereto; and works of such general utility to which the commonwealth hath already advanced several sums of money from time to time, as the same have been called for, ought not to be frustrated by the delinquency of individuals:||Remedy by motion against delinquent subscribers to James river and Potowmack companies.|
|II. Be it therefore enacted by the General Assembly, That if any subscriber to the Potowmack or James river company now is, or hereafter shall be in arrear for any sum or sums of money called for in pursuance of either of the two acts of general assembly, the one intituled "An act for opening and extending the navigation of Potowmack river," and the other intituled "An act for opening and extending the navigation of James river," it shall and may be lawful for a majority of the directors of each company to recover any such sum or sums of money from such subscriber in the general court at any additional or other session thereof, together with all legal costs, by way of motion to the court; provided the person against whom such motion may be made, hath ten days previous notice thereof. Provided also, That if the person against whom such motion may be made, or his attorney, shall desire a jury to be impannelled, the court shall direct a jury to be immediately charged to try whether he did assume to pay, and whether he that paid: But the said directors shall not be required to prove that he did so assume, until he shall have first made oath that he did|
|not so assume. And it shall be lawful for the said court to direct judgment to be entered up on the verdict rendered, with costs, and execution shall issue thereupon, returnable to any day of the said session of the general court which the said court shall direct.|
|III. So much of the said recited acts of assembly, as come within the purview of this act, is hereby repealed.|
|IV. Provided always, That so much of this act as relates to the Potowmack company, shall be suspended, until the legislature of the state of Maryland, shall pass a law to the same effect.|
|[Passed the 20th of December, 1787.]|
|I. WHEREAS it has been represented to this general assembly, that the entry-books now in possession of the county-surveyors respectively, within the district of Kentucky, are from continual use so much worn and defaced, that many entries for lands are scarcely legible, and as the title of many good people of this commonwealth to the lands held by them within the aforesaid district, may eventually depend on their entries for the same;||Entries for lands in Kentucky, to be transcribed in well bound books.|
|II. Be it enacted, That the surveyor of each county with the district aforesaid, shall transcribe in their regular order, into well bound books, all original entries for lands made in his office since the county took place, whereof he is surveyor. And as it is represented, that the surveyor of Jefferson is in possession of the entry-books, containing the entries made in the county of Kentucky, before the division of the same into the counties of Lincoln, Jefferson, and Fayette.|
|III. Be it enacted, That the said surveyor of Jefferson, shall, in like manner, copy all original entries|
|made in the said county of Kentucky, until the division aforesaid took place,|
|IV. And be it further enacted, That the books into which the entries shall be so transcribed, shall be furnished to the surveyor by the county lieutenant of each county respectively, to be by him purchased out of the money which now may or hereafter shall be in his hands, arising from militia fines. And so soon as any surveyor shall have copied such entries as aforesaid, he shall give information thereof to the judges of the supreme court of the said district, who shall, and they are hereby authorised and directed, to appoint one or more person or persons, being magistrates in such county, together with such surveyor, carefully to examine the copies so made out, and compare the same with the originals; and shall, together with such surveyor, certify at the end of such book the number of copies of entries therein contained, and that they are faithfully transcribed; which said book or books shall be by them delivered to the clerk of the supreme court of the said district, to be kept in his office, and shall thereafter be deemed a legal record; and all copies therefrom certified by the said clerk, shall be admitted as evidence in any court of record, in the same manner as if taken from the original entry-book, and certified by the surveyor of the county.|
|V. And be it further enacted, That each surveyor shall be allowed the sum of four-pence halfpenny, for each entry by him copied as aforesaid; for which sum the judges of the supreme court aforesaid, are hereby authorised and required to grant to such surveyor or surveyors, their certificate or certificates, which shall be receivable in payment of all taxes arising in said district.|
An act prescribing the oaths of office to judges of the district courts.
[Passed the 8th of January, 1788.]
|I. WHEREAS by an act passed the present session of assembly, intituled "An act establishing district||Oath of judges district courts.|
|courts," it is enacted that each of the judges, besides the oaths now particularly required, shall take another as judge of the district courts, according to the direction of an "Act for establishing a general court," but no provision is made for conforming the oath of office to the nature of district courts.|
|II. Be it enacted, That all the judges, besides the oaths by law prescribed for their separate departments, shall, as soon as may be, after the commencement of the first recited act, take the oaths prescribed by the act, intituled "an act establishing a general court," adapting the same to the nature of district courts, to be administered by any court of record, or before a judge or justice thereof, and the taking thereof shall be recorded in some district court. Provided always, That any judge may act as a judge of any district court until the next succeeding session of his particular court, before he shall have taken the oath prescribed to him as a judge of such particular court.|
|III. So much of the above recited act as comes within the purview of this act, shall be, and the same is hereby repealed.|
An act for establishing several new ferries.
[Passed the 19th of December, 1787,]
|I. BE it enacted by the General Assembly, That public ferries shall be constantly kept at the following places, and rates for passing the same as followeth, that is to say: From the land of Henry Fitzhugh, at the upper end of the town of Fredericksburg, across Rappahannock river, to the land of William Fitzhugh on the opposite shore, for a man three pence, and for a horse the same; from the land of Jesse Martin, near the mouth of Crooked run, in the county of Monongalia, across Monongalia river, to James Hord's on the opposite shore, for a man three pence, and for a horse the||New ferries established, and their rates.|
|same; from the land of the said Jesse Martin, near the mouth of Robertson's run, in the county of Monongalia, across Monongalia river to the land of David Scott on the opposite shore, for a man three pence, and for a horse the same; from the land of Charles Lynch, at the lead mines, in the county of Montgomery, across New river to the opposite shore, for a man three pence, and for a horse the same; from the land of Cuthbert Bullit, in the county of Prince-William, across the mouth of Quantico creek to the opposite shore, for a man six pence, and for a horse the same; from the land of James Cleland, in the county of Monongalia, across Cheat river to the opposite shore, for a man three pence, and for a horse the same; from the land of Andrew Ramsey, in the county of Monongalia, across the Cheat river to the land of William Morgan on the opposite shore, for a man three pence, and for a horse the same; from the land of William Morgan, in the county of Monongalia, across Cheat river to the land of Andrew Ramsey, on the opposite shore, for a man threepence, and for a horse the same; from the land of Robert Wood, in the county of Ohio, across Ohio river to the opposite shore, for a man six pence, and for a horse the same; from the land of Joseph Echolls, in the county of Halifax, across Staunton river to the opposite shore, for a man three pence, and for a horse the same; and from the land of John Henderson in the county of Ohio, across Ohio river to the opposite shore in the state of Washington, for a man six pence, and for a horse the same: And for the transportation of wheel carriages, tobacco, cattle, and other beasts, at the places aforesaid, the ferry-keepers may respectively demand and take the same rates as are by law established at other ferries. If any ferry-keeper shall demand or receive from any person or persons whatsoever, any greater rates than are hereby allowed for the ferriage or carriage of any thing, he shall for every such offence forfeit and pay to the party grieved the ferriage demanded or received, and ten shillings to be recovered, with costs, before a justice of the peace of the county where the offence shall be committed.|
|II. And be it further enacted, That it shall and may be lawful for the court of the county of Norfolk, annually to let to the highest bidder, the ferries across Elizabeth river, and the branches thereof, taking bond||Court of Norfolk to let ferries across Elizabeth river|
|and security for payment of the money; and to apply the same, as it shall be received, towards lessening the levy of the said county.|
|[Passed the 22d of December, 1787.]|
|I. WHEREAS by an act of the last session of assembly, certain taxes then due, as well as a proportion of those which would become due in the county of Harrison, were to be appropriated towards opening a waggon road from the state road to the mouth of the Little Kanawha: And whereas by an act of the same session, the said county of Harrison was, from and after the first day of May then next following, to be divided, and the county of Randolph taken therefrom; and it is doubted whether the taxes in the county of Randolph are to be paid and appropriated in like manner as those in the said county of Harrison: For removing such doubts,||Act appropriating certain taxes to the opening a road from the state road to the mouth of the Little Kanawha amended.|
|II. Be it enacted by the General Assembly, That the taxes in the said county of Randolph shall be accounted for, recovered, paid, and appropriated in like manner, and subject to the same conditions and restrictions, as by the said recited act is directed and prescribed for the taxes in the said county of Harrison. And whereas by the said recited act, certain commissioners were appointed to superintend the opening a waggon-road from Morgan-town, in the county of Monongalia, to the mouth of Fishing-creek on the Ohio river; and George Haley, one of the said commissioners, is since|
|dead, and Ebenezer Zane, John Boggs, and Benjamin Davis, have refused to act:|
|III. Be it therefore enacted, That John Pierpoint, James Cleland, William M'Machan, John Caldwell, Andrew Woods, John Henderson, and George Stricker, shall be, and they are hereby appointed commissioners, in the room of the one that is dead, and those who have refused to act; and shall have the same power and authority as if they had been originally appointed and named in the said act; and shall give bond and security as therein directed. Each of the commissioners for the said counties of Harrison, Monongalia, and Ohio, shall receive five shillings per day for every day he shall be bona fide engaged in laying off the said work, to be paid upon due proof thereof being made before the courts of their respective counties, out of the taxes appropriated for opening the said road, for which the sheriffs shall be allowed in the settlement of their accounts.|
An act to amend the act, intituled An act to impose certain duties.
[Passed the 8th of January, 1788.]
|I. BE it enacted, by the General Assembly, That from and after the passing of this act, brandy imported from France in ships or vessels belonging to any of the citizens of the United Netherlands, or to the citizens or subjects of any power in commercial treaty with the United States, shall be chargeable with no higher duties or imposts thereon on the importation of the same, into this commonwealth, than brandy imported from France in ships or vessels which are owned by the subjects of his most Christian majesty, or which are the property of the citizens of this state, or of any of the states in the American union.||Acts imposing duties amended.|
|II. And be it further enacted, That all money which hath been received by any naval officer within this|
|commonwealth for duties or imposts, on brandy from France imported since the twentieth day of January, one thousand seven hundred and eighty-seven, in any of the ships or vessels owned by the citizens or subjects of any nation in commercial treaty with the United States, shall be repaid to the person who hath paid such duties or imposts, or to his agent or attorney legally authorised to receive the same; and the governor shall on application to him made, and proof of the payment thereof, which the treasurer shall pay out of any money in his hands arising from duties on goods imported into this commonwealth.|
An act to regulate the inspection of flour and bread.
[Passed the 23d of November 1787.]
|I. WHEREAS the laws heretofore made for the inspection of flour, have been found defective, and it has become necessary to adopt some regulations for the prevention of frauds in the exportation of bread;||Preamble.|
|II. Be it therefore enacted by the General Assembly, That one inspector of flour shall be appointed at each of the following places, to wit, Alexandria, Fredericksburg, Richmond, Petersburg, West-Point, Newcastle, York, Falmouth, Port-Royal, Hobb's-Hole, Colchester, Dumfries, Manchester, Osborne's, Pokahuntas, Nomony, Broadway, Low Point in Surry, Suffolk, Hampton, South-Quay, Norfolk, Louisville, Morgan's Town, Clarksburg, Smithfield, Fort Wheeling, Lynchburg, Hanover-Town, and Portsmouth. The courts of the several counties in which the places aforesaid are situated, shall, at their first or second court after the end of this present session of the assembly, and at their courts held in the month of August or September in every year thereafter, nominate and appoint a person|| Inspections of flour established.|
Inspectors, how appointed.
|of good repute, and who is a skilful judge of the quality of flour, to be inspector of flour at each of the places aforesaid. In case of the death of any person so appointed, or his refusal or neglect to act, the justices of the said counties respectively, or any three of them, shall, as soon as conveniently may be thereafter, meet together and appoint some other person in the room of the one so dead or refusing or neglecting to act, who shall execute the duties of his office until the next court held for the county where such vacancy may have happened; and at such court the justices shall appoint, in manner before directed, some person to be inspector of flour for the residue of the year. If any of the said courts shall neglect to appoint such inspectors at the time directed by this act, the governor, with the advice of the council, may supply such vacancy; and the person so appointed, having taken the oath herein after mentioned before a justice of the peace, shall continue in office during the same time, and have the same power and authority, as if he had been appointed by the court of the county. All bolted wheat flour and every cask thereof brought to any of the places before mentioned for exportation, from and after the first day of March next, shall be made by the miller or manufacturer thereof, merchantable and of due fineness, and without any mixture of coarser flour, and the flour of any other grain than wheat. All bread and flour casks which shall be brought to any of the places before mentioned for exportation, after the first day of March next, shall be well made of good seasoned materials, tightened with ten hoops, sufficiently nailed with four nails in each chine hoop, and three nails in each upper bilge hoop; and the flour barrels shall be of the following dimensions, to wit, the staves shall be twenty-seven inches in length, and the head seventeen inches and an half in diameter. −− Every miller of flour and baker of bread for exportation, shall provide and keep a distinguishable brand mark, with which he shall brand every cask of flour and bread, and mark thereon the tare and nett weight, before the same shall be removed from the place where it was bolted or baked, under the penalty of two shillings and sixpence for every barrel of flour not hooped and nailed as aforesaid, and for every cask of flour or bread so removed and not branded and marked as|| Flour, how manufactured.|
Size of barrel.
|aforesaid, to be recovered from such miller or baker who shall neglect to comply with the directions of this act, or from the person who brings such flour or bread to any of the places aforesaid for sale; and in case the penalty aforesaid shall be recovered from the person bringing the said bread or flour for sale, such person shall and may recover the same from the miller, baker, or bolter from whom such flour or brad was purchased or received; provided it appears that he gave notice to such miller, baker, or bolter, that he intended to carry the same to one of the places before mentioned for sale or exportation, and that he requested such baker, miller, or bolter to secure and brand the said barrels. Every miller and bolter shall put into each cask the full quantity of one hundred and ninety-six pounds of flour; and if any one of them shall put a small quantity of flour into any cask than is directed by this act, he shall forfeit for the deficiency of every pounds under three, sixpence, and for the deficiency of every pound more than three, one shilling. All casks wherein bread shall be packed, shall be weighted and the tare marked thereon; and if any person shall put a false or wrong tare on any cask of bread, to the disadvantage of the purchaser, he or she shall forfeit for every cask so falsely tared, five shillings; and the inspector, or his assistants, upon suspicion or at the request of the purchasers, shall, and he is hereby required to unpack any cask of flour or bread, and if there shall be a lesser quantity of flour than is above directed, or if the cask wherein bread is packed shall be found to weigh more than is marked thereon, the miller, baker, or bolter, as the case may be, shall pay the charges of unpacking and repacking over and above the penalties aforesaid, but otherwise the said charges shall be paid by the inspector or by the purchaser, if the trial be made at his request. Every occupier of a mill who shall grind and manufacture wheat into flour and pack the same in barrels, shall make out, subscribe, and deliver to the person authorised and empowered to carry away the said flour, a manifest of the gross, tare and nett weight of such flour, and if he shall neglect or refuse so to do, he shall forfeit and pay five shillings for every barrel of flour delivered without such manifest. Every baker of bread for exportation shall deliver with the said bread a manifest of the contents thereof with his|| Contents of barrels.|
Bread, for exportation.
|brand-mark thereon, and his name subscribed thereto, under the penalty of forty shillings for every manifest delivered contrary thereto; and if any cask of bread be found lighter upon trial than is set down in the manifest, he shall forfeit for every pounds deficient in the same proportion, as is heretofore directed as to flour. Every cask of flour brought to any of the places before-mentioned, to be from thence laden and shipped for exportation, shall be submitted to the view and examination of the inspectors at such place, who shall inspect and try the same by boring through the head with an instrument not exceeding half an inch in diameter to be by him provided for that purpose; and if he shall judge that the same is well packed, and merchantable according to the directions of this act, he shall plug up the whole, and brand the cask in the quarter with the name of the place at which he is inspector with a public brand-mark to be provided for that purpose, and shall also band and mark the degree of fineness which he shall on inspection, determine the said flour to be of, which degree shall be distinguished as follows, to wit: Superfine, fine, middling, shipstuff, for which trouble the inspector shall have and receive of the owner of such flour the sum of two pence, and no more for each cask. No inspector shall pass any flour which shall prove on examination to be unmerchantable according to the true intent and meaning of this act; but shall cause the same to be marked on the bilge with the word condemned, or secure it for a further examination if required, which examination the owner shall procure to be made within twenty days, and the inspector shall and may demand and receive from the owner or owners thereof, the same rate and prices as if the same had been passed. When any person shall think himself aggrieved by the judgment, or want of skill in an inspector in rejecting flour as unmerchantable, it shall be lawful for such person to apply to a justice of the peace, who shall, at the charge of the complainant, issue a warrant, directed to three indifferent persons well skilled in the manufacture of flour to view and examine the same, which said three persons, having taken the same oath, or affirmation, as by this act is herein after directed to be taken by every inspector of flour, shall carefully view and examine the same, and if they or any two of them, shall pass and declare the|| Degrees of flour to be branded on barrels.|
Appeal from inspectors.
|same to be merchantable; in such case the inspector shall erase out the word condemned, and put such brand on the said flour as they or any two of them shall direct, and shall repay to the complainant his costs; but if on such review the judgment of the inspector shall be confirmed, in such case the owner of the flour shall pay the cost of such review; and the said inspector for his trouble shall and may receive twopence for each cask by him received in case his judgment shall be confirmed. It shall not be lawful for any person to export, or lade on board of any ship or vessel for exportation out of this state any cask of flour marked condemned by an inspector, or to export or lade on board of any ship or vessel for exportation from any port or place within the state any casks or barrels of flour not inspected and branded as aforesaid, on pain of forfeiting fifty shillings for every cask or barrel exported or laden on board of any ship or vessel for exportation.||Review.|
|III. Provided nevertheless, That where any mill for the manufacturing of flour shall be situated on navigable water, below the falls, it shall be lawful for the owner of such mill to require the inspector of flour who resides the nearest thereto, to attend and inspect the flour manufactured by him; and the inspector, or his deputy, is hereby required to inspect and brand all such flour in the same manner, as if such flour had been carried to the place at which he is inspector, and the proprietor may thereupon export the same in like manner, as if it had been inspected at any of the before-mentioned places. Every inspector of flour, before he enters on the execution of his office, shall make oath or affirmation "that he will, without favour, affection, malice, or partiality, carefully inspect all flour brought to him and which he shall be required to examine; that no flour shall be passed or branded by him without his inspecting the same; that he will not brand or cause to be branded, as passed, any cask or casks of flour that do not appear to him to the best of his skill and judgment, to be sufficiently clean, sweet, and merchantable; that he will mark on all casks of flour the degree thereof, according to the directions of this act; that he will carefully examine the casks in which flour brought for inspection shall be contained, and that he will not pass or brand any such casks, unless|| Attendance at Mills on tide water.|
Oath of inspectors.
|they be of such size, goodness, and thickness, as by this act required." No inspector of flour shall directly or indirectly purchase any flour by him condemned nor any other flour whatsoever, other than for his own use, under the penalty of forty shillings for every barrel by him purchased. If any person shall alter the mark stamped on any cask of flour by an inspector, or shall mark or brand any cask of flour which has not been inspected with any mark or brand similar to, or in imitation of an inspectors mark or brand, or, after an inspector shall have passed any cask of flour as merchantable, shall pack into such cask any other flour, or, after any cask of flour shall be branded condemned, shall unpack and repack the same in other casks for exportation, such person shall forfeit and pay the sum of forty shillings for every cask. If the quantity of flour which shall be brought to any of the before mentioned places for inspection shall at any time be so great that the inspector cannot alone examine the same with sufficient dispatch, or, if through sickness, the inspector shall be incapable of discharging the duties of his office, on such occasions it shall be lawful for him to appoint one or more persons of good repute and good judges of the quality of flour to assist him in the execution of his office. Such assistants having taken the oath or affirmation prescribed by this act to be taken by an inspector shall be authorized to inspect and brand any flour in the same manner as the inspector may do. The courts of the several counties in which the beforementioned places are situated may at any time remove from office any inspector of flour for neglect of duty, malfeasance, or corrupt practices, and may supply the vacancy occasioned thereby by appointing another inspector for the residue of the year. The penalties and forfeitures imposed by this act may be recovered by the informer before a single magistrate where the penalty does not exceed twenty-five shillings, and where it doth exceed that sum in any court of record within this state, one half to the use of the informer, and the other to the use of the commonwealth. So much of every act of assembly as comes within the purview of this act, shall be, and is hereby repealed.|| |
Inspectors not to deal in flour.
Penalty for him altering brand, &c.
Inspectors, how removed.
|[Passed November 21, 1787.]|
|I. WHEREAS it hath been represented to the present general assembly that the powers given to the commissioners by an act of the last session intituled, "An act for appointing commissioners to liquidate and settle the expences incurred in two expeditions carried on from the Kentucky district against the neighbouring Indians," do not authorize them to settle all claims for property and supplies necessarily impressed for the troops employed in that service, which it is just and right should be settled and allowed.||Powers of commissioners for settling expences of expeditions against the Indians, extended.|
|II. Be it therefore enacted, That John Steel, Baker Ewing, and James M'Dowell, gentlemen, be added to the former commissioners, who, or any two of them whereof a former commissioner shall be one, shall have power, and they are hereby required to settle and adjust all claims for property and supplies necessarily impressed, an in their opinion proper for the troops employed in that service, and to grant certificates for the same in manner directed by the said act.|
|III. And be it further enacted, That the said commissioners, or any two of them as aforesaid, shall have power to settle the claims and grant certificates for the pay of the militia employed in, and other necessary expences attending the defence of the frontiers of the district of Kentucky during the years one thousand seven hundred and eighty six, and one thousand seven hundred and eighty six, and one thousand seven hundred and eighty seven. The said commissioners shall in like manner grant certificates for the expences incurred in the removal of the arms and ammunition granted by the last session of assembly to the district|
|of Kentucky for the defence of the same from Limestone to the town of Lexington, and in removing the lead from the Blockhouse to the town of Danville; all which certificates shall be receivable in taxes, as directed by the above recited act.|
|IV. And be it further enacted, That where it shall appear to the said commissioners that any necessary expenditures of cash have been made by the county lieutenants or other persons authorized by them for the transportation of the said arms and ammunition as aforesaid, the said commissioners shall have power to liquidate and settle the same, and shall grant to such person or persons an order or orders directed to any county lieutenant in the said district having any monies in his hands arising from militia fines, which orders with proper receipts on them of their having been paid shall intitle the person paying the same upon a settlement of his accounts to a credit for the amount thereof in like manner as if the same had been paid into the public treasury.|
|[Passed December 2, 1787.]|
|I. WHEREAS the two acts of assembly, one intituled, "An act keeping certain roads in repair," and the other "An act for opening and straightening certain public roads,;' have in many instances proved oppressive in their operation, in exacting tolls from great numbers of people who derive no benefit from the turnpikes; in directing the sum of sixty pounds to be levied annually for three years upon the counties of Fairfax, Loudoun, Berkeley, and Frederick, respectively, for||Acts for keeping certain roads in repair, and for opening and straightening certain public roads altered and amended.|
|the purpose of repairing certain roads not used by numbers of the inhabitants of the same; in compelling hands to work upon the said roads whose place of abode is at an unreasonable distance from them, and in the extensive and uncontrouled powers vested in the commissioners appointed by the said acts:|
|II. For remedy whereof, Be it enacted by the General Assembly, That all coaches, chariots, stage-waggons, chaises, chairs, and other riding carriages, passing up or down the country to, from, or through the town of Alexandria, and travelling along the back road to the ford of Great Hunting creek near Cameron, or along any of the roads between the said back road and Potowmack river, shall pass and repass toll free; unless any such riding carriage shall also travel along the road leading from George-town to Alexandria, in which case, such riding carriage shall be subject to the legal toll at the turnpike established on the said George-town road. And that the riding carriages and other wheel carriages of all and every the inhabitants of the county of Fairfax whose plantation or plantations are so situated that in passing to and from the town of Alexander, they have no occasion to travel more than one quarter of a mile along the roads leading from the gaps in the blue ridge of mountains to the turnpike established near the said road, nor along the road leading from George-town to the other turnpike established on the George-town road, shall pass and repass to and from the said town of Alexandria toll-free, upon a certificate thereof being obtained from any two justices of the peace for the said county, describing the plantation or plantations, with the name of the owner or owners entitled to such exemption; which certificates, the justices of the said county of Fairfax are hereby empowered and required to grant to any person or persons applying for the same, either from their own knowledge, or upon satisfactory proof made to them that the person or persons so applying are legally entitled thereto; and upon the death or removal of the party to whom any such certificate of exemption shall have been granted, a new certificate shall in like manner be granted to the person or persons respectively succeeding to the possession or occupation of the same plantation or plantations. And for the better information of the keepers of the turnpikes, the person or persons|
|respectively obtaining such certificates of exemption, shall lodge them in the hands of the commissioners of the turnpike roads in the said county of Fairfax, or some one of them who shall cause a proper and distinct list of all such certificates to be entered in books for that purpose, to be kept at each of the turnpikes, and shall return them to the persons to whom they were respectively granted. And to prevent any impositions by the persons applying for such certificates of exemption, as well as deceptions at the turnpikes,|
|III. Be it further enacted, that the court of the said county of Fairfax shall be, and they are hereby empowered and required, upon complaint made by the commissioners of the turnpike roads for the said county, and ten days previous notice to the person or persons whose certificate or certificates are complained of, to hear and determine such complaint in a summary way, and to set aside and order to be erased from the turnpike books, any certificate or certificates of exemption, which, upon such complaint, shall appear to have been obtained contrary to the true intent and meaning of this act; but on such complaint, or in any other matter respecting the turnpike roads, no commissioner of the said roads shall sit, or give his opinion as a justice of the county. And if any person or persons shall pass through the said turnpikes or either of them with any wheel carriage not exempted by virtue of this act, or if any of the inhabitants of the county of Fairfax whose wheel carriages are or shall be exempted by virtue of this act, shall pass through the said turnpikes or either of them with wheel carriages laden with, or carrying the produce or commodities of those who are not so exempted, or shall travel with any wheel carriage so exempted more than one quarter of a mile in coming from the country to the said town of Alexandria, without paying toll, the person or persons in either case so offending, shall forfeit and pay for every such offence the sum of ten shillings, to be recovered with costs, by warrant before any justice of the peace in the said county of Fairfax.|
|IV. And be it further enacted, That the road leading from Ashley's gap into the road from Snicker's gap, and intersecting the same near the ford of Little River, in the county of Loudoun, shall henceforward be kept in repair, in the same manner, and be subject|
|to the same rules and regulations in every respect, under the authority of the same commissioners as the other turn-pike herein before mentioned.|
|VII. And be it also enacted, That the third years levy of sixty pounds directed to be assessed on the counties of Fairfax, Loudon, Berkeley and Frederick, respectively, by the act intituled "An act for keeping certain roads in repair," shall be and the same is hereby remitted, and shall not be levied or assessed upon the property or people of the said counties, or either of them; and no hands shall be compelled to work on any of the said turnpike-roads, whose residence or place of abode is more than three miles from the road to which they have been or shall be allotted to work.|
|VIII. And be it further enacted, That the courts of Fairfax, Loudon, and Fauquier counties, at their respective courts on or before the month of June next, may, and they are hereby required to, appoint each of them, one other commissioner to be added to those who are named in the said recited act for keeping certain roads in repair, which additional commissioner so appointed shall thenceforward have the same powers, and be subject to the same rules and regulations with the other commissioners of the said turnpike-roads. −− And for continuing the succession of the said commissioners, upon the death, resignation, or removal of any of them, or of any of those who shall hereafter be appointed, it shall and may be lawful for any or either of the county courts of Fairfax, Loudon, Fauquier, Berkeley, or Frederick respectively, in which such death, resignation, or removal shall happen, and they are hereby respectively required, from time to time, to appoint some other person or persons instead of the commissioner or commissioners so dying, resigning, or removing. The said commissioners so dying, resigning, or removing. The said commissioners heretofore appointed as well as those hereafter to be appointed shall each and every of them take an oath before the court of the county in which they respectively reside "well and truly to discharge the office of a commissioner of the roads according to the best of his judgment, without favour or partiality to any person or persons whatever."|
|IX. And be it further enacted, That the commissioners of the said turnpike-roads shall, in the month of June or July annually, settle with Fairfax county|
|court a just and true account upon oath of all their receipts and disbursements according to the directions of the said recited act for keeping certain roads in repair, under the penalty of the sum of two hundred pounds each, to be recovered by action of debt or information in any court of record within the commonwealth, one half to the use of the informer, and the other half to the use of the college or academy in the town of Alexandria. All the other penalties and forfeitures inflicted by this act, shall be, one half to the use of the informer and the other half to the use of the commissioners of the said turnpike-roads, to be by them applied towards repairing the said roads.|
|X. And be it further enacted, That if at any time it shall be necessary for public convenience to turn or alter any part of the before mentioned turnpike-roads, or either of them, the said road-commissioners or any five of them shall meet on that part of any such road so proposed to be turned or altered, giving the persons whose interest may be materially affected thereby, if living within the county, or in any adjoining county, or his or their known attorney or agent within the county, ten days notice of the time, place, and purpose of such meeting, and if a majority of the commissioners so meeting, upon viewing the road, and having regard as well to the inconvenience to individuals, as the convenience to the public, shall be of opinion that such alteration is materially necessary and proper, and the person or persons whose interests may be affected thereby, or their known attornies or agents being present and not objecting thereto, such alteration shall be made and established; but if the person or persons whose interest may be affected or their known attornies or agents are not present, or being present object thereto; in either case the said commissioners shall make report upon oath of the conveniencies and inconveniencies to the best of their judgment attending the same with their opinion thereupon to the next court to be held for the county wherein such alteration or alterations are proposed to be made, and thereupon such court shall take such proceedings therein as are prescribed by the "Act concerning public roads."|
|XI. And whereas the commissioners appointed by the "Act for opening and straightening certain public roads," have not yet compleated the road from Chester's|
|gap in the county of Culpeper, to the city of Richmond, within the time prescribed by the said act, and it is therefore doubtful whether they can now proceed therein, Be it further enacted, That the said commissioners may, and they are hereby empowered to finish and compleat the laying off, opening, clearing and establishing the said road from Chester's gap to the city of Richmond, in the same manner, and under the same directions, restrictions, and regulations, as are herein before prescribed in the case of altering the before mentioned turnpike-roads from the gaps in the Blue Ridge of mountains to the town of Alexandria. So much of the said two acts of assembly, the one intituled "An act for keeping certain roads in repair," and the other intituled "An act for opening and straightening certain public roads," as is contrary to, or come within the purview of this act, shall be, and is hereby repealed.|
|[Passed December 31, 1787.]|
|I. WHEREAS the act intituled "An act for the protection and encouragement of the Commerce of Nations, acknowledging the Independence of the United States," is found in its operation to be partial in as much as it authorizes subjects or citizens of foreign nations to institute suits against the citizens of this commonwealth, and to prosecute them to a decision in a more speeding and summary way, than they have hitherto known or been accustomed to; and it is but just and proper that no such exclusive privilege should longer be continued; Be it therefore enacted, That from||So much of act for protection and encouragement of commerce of nations acknowledging the independence of the U. States, as gives their subjects a more summary remedy, in our courts, repealed.|
|and after the passing of this act, so much of the said recited act as points out and authorizes the mode of proceeding in suits wherein foreigners are parties shall be, and the same is hereby repealed.|
|[Passed December 12, 1787.]|
|I WHEREAS it is stipulated by the fourth article of the treaty of peace between the king of Great Britain and the United States of America in congress assembled, that creditors on either side shall meet with no lawful impediment in the recovery of the full value in sterling money of all bona-fide debts heretofore contracted; Be it therefore enacted by the General Assembly, That such of the acts or parts of acts of the legislature of this commonwealth, as have prevented or may prevent the recovery of debts due to British subjects, according to the true intent and meaning of the said treaty of peace shall be and are hereby repealed.||Acts preventing recovery of British debts, repealed.|
|II. Provided, That this act shall be suspended until the governor with the advice of council shall by his proclamation, notify to this state, that Great Britain hath delivered up to the United States the posts therein now occupied by British troops, which posts were stipulated by treaty to be given up to congress immediately after the conclusion of peace; and is also taking measures for the further fulfilment of the said treaty by delivering up the negroes belonging to the citizens of this state taken away contrary to the seventh article of the treaty, or by making such compensation for them as shall be satisfactory to congress.||Suspension of this act.|
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