Trustee in the room of the one fo dying, removing, or difabled. The fheriff shall attend and take the poll at fuch election, entering the names of the perfons voted for in a diftinct column, and the name of every freeholder giving his vote under the name of the perfon he votes for; and when no freeholders appear to vote, the theriff fhall close the poll, and return the fame to the next Court to be held for his County, upon oath, certifying the name of the perfon elected, to be by the Clerk recorded. II. EVERY perfon elected in manner directed by this act, fhall, to all intents and purposes, be a Trustee of the town for which he was chofen. III. SO much of all A&ts of Affembly as are contrary to the purview and meaning of this Act, are hereby repealed. At a General Affembly, begun and held at the Public Buildings, in the Town of Richmond, on Monday, the 6th Day of May, in the Year of our Lord 1782. WHEREAS An A concerning Wrecks. [Paffed the 20th of June, 1782.] 1 W the Rea esan, bay thores within many veffels, have been and may hereafter be stranded on wealth, goods or other property belonging to fuch veffels may be embezzied and stolen, to the great injury of the owners: For remedy whereof, Be it enacted by the General Affembly, That it fhall be lawful for the Governor, with advice of Council, and he is hereby required, to appoint and commiffion two difcreet perfons 1782. Preamble. in each of the counties bordering on the fea or bay fhores in this ftate, whofe Commiffioners to be business and duty it fhall be, on the earliest intelligence, or on application to appointed on the fea and bay fhores. them made, by or on behalf of any owner or commander of a hip or other veffel, being in danger of being ftranded, or being ftranded, to command any Conftable or Conftables, to be appointed by them for that purpose, nearest the Their duty on intellicoaft where fuch fhip or veffel fhall be in danger, to fummon as many men as gence of a veffel strandfhall be thought neceffary to the affiftance of fuch fhip or veffel; and if there ed or in danger. fhall be any fhip or velel belonging to the State riding near the place, the Commiffioner or Commiffioners fhall have power to demand of the commanding of fcer of fuch fhip or veffel, affiftance by their boats and fuch hands as they can conveniently fpare; and if any commanding officer fhall neglect to give fuch affiftance, he shall forfeit one hundred pounds, to be recovered by the officer or owner of the ship in diftrefs, with cofts, in any Court of Record within this Commonwealth. The Commiffioner or Commiffioners, and the commanding officer of any fhip or veffel, and all others who fhall aflift in preferving any thip or other veffel in diftrefs, or their cargoes, fhall, within forty days, be paid a reasonable reward by the commander or owner of the fhip or other veffel in diftrefs, or by the merchant whofe veffel or goods fhall be faved; and in default thereof, the veffel or goods fhall remain in the cuftody of the Commiffioner or Commiffioners until all charges be paid, or fecurity given for that purpote, to and may retain veffel the fatisfaction of the parties. And in cafe the parties fhall difagree, touching or goods till reward paid the monies deferved by the perfons employed, it shall be lawful for the com- or fecured. mander of fuch veffcl faved, or the owner of the goods, or merchant interested, Those who affift in faring a veffel or cargo to have a reward ; to choose one indifferent perfon, and alfo for the Commiffioner or Commillioners Rewad how to be to nominate one other indifferent perfon, who fhall adjust the quantum of the afcerta ned, gratuities to be paid to the feveral perfons, and fuch adjustments fhali be binding on all parties, and to be recoverable with cofts in any Court of Record within this Commonwealth, by action on the cafe. If no perfon fhall claim the goods faved, the Commiffioners, or one of them, fhall take poffeffion thereof, and caufe Proceeding ifthe goods a true defcription of the marks, numbers, and kinds of fuch goods to be advertifed faved be no claimed, four weeks in the Virginia Gazette, and if no perfon fhall claim the fame within three months, public fale fhall be made thereof, (but if perishable, the goods fhall be forthwith fold) and after charges deducted, the refidue of the money, with an account of the whole, fhall be tranfmitted to the Treafurer, who thail keep an account of the fame, for the benefit of the owners, who upon proof of his property to the fatisfaction of the Auditors, fhall upon their warrant receive the fame. If any perfon, befides thofe empowered by the Commiffioners, or one of Penalty on thofe who intermeddle without power from Commif. fioners. Or hinder thofe em goods. Or deface the marks. Commiffioners may repel force by force. Goods carried from found in any perfon's poffeffion, to be restored. veffel in diftrefs, and Penalty. them, fhall enter or endeavor to enter on board any veffel in diftrefs, without the leave of the commanding officer, or in cafe any perfon fhall moleft them in faving the veffel or goods, or fhall endeavor to hinder the faving fuch vessel or ployed in faving the goods, or fhall deface the marks of any fuch goods before they be taken down in a book by the Commiffioners, or one of them, every fuch person shall forfeit and pay the fum of ten pounds, to be recovered with cofts, by information in any Court of Record within this Commonwealth, and applied to the use of the owners of the veffel or goods, as the cafe may be ; and in cafe of failure, to pay fuch forfeiture immediately, or giving fecurity to pay the fame within one month, he, she, or they, fhall receive ten lashes on his, her, or their bare back, by order of fuch Court. It fhall be lawful for any commanding officer of a veffel in diftrefs, or the Commiffioners, to repel by force any perfons as fhall, without confent as aforefaid, prefs on board any veffel in diftrefs, and thereby moleft them a in preferving the veffel or goods; and in cafe any goods fhall be found upon any perfon that were ftolen or carried off from any veffel in diftrefs, the perfon on whom fuch goods be found, fhall, upon demand, deliver the fame to the owner or Commiffioners, or to fuch other perfon as fhall be authorised by the Commiffioners or owner to receive fuch goods, or shall be liable to pay treble the value, to be recovered, with cofts, in any Court of Record. If any person shall make or be aflifting in making a hole in any veffel in diftrefs, or steal any pump, materials, or goods, or fhall be aiding in ftealing fuch pump, materials, or goods, from any veffel, or fhall wilfully do any thing tending to the immediate lofs of fuch veffel, fuch perfon fhall be guilty of felony, and fuffer death without benefit ofclergy; any Commiffioner by fraud or wilful neglect, abufing the truft repofed in him, fall, upon conviction thereof, forfeit and pay treble damages to the party aggrieved, to be recovered, with cofts, by action on the cafe in any Court of Record, and fhall thenceforth be incapable of acting as a Commiffioner. Any Conftable, or perfon, fummoned by him, refufing or neglecting to give the affiftance required for the faving of any veffel or her cargo, fhall forfeit and pay twenty-five fhillings, to be recovered before any Juftice, by the Commiffioners ordering the duty; and fhall be moreover fubject to the payment of the fame damages, and to be recovered by the party aggrieved in the fame manner, as in Act to be fet up in each the cafe of a Commiffioner. The Commiflioners fhall fet up a copy of this Act once in every year in each of the Courthouses of the Counties wherein they refpectively refide. Death to make a hole in a veffel in diftrefs. or goods; or do any thing tending to the lofs of the veffel. Fenalty on Commiffioner abusing his truft; and on conftable and affiftants for neglect. courthouse. Commiffioners to give bond and fecurity. If veffel totally loft, goods faved to pay no duty. If veffel caft on fhore, and the damage on the goods not more than ten per cent. goods to be entered and pay duty. 1783 Preamble. II. PROVIDED always, and be it further enacted, That the Commiffioners appointed by virtue of this act, fhall respectively give bond and fecurity in the Court of the County where he refides, in the fum of one thousand pounds, for the due and faithful execution of his office, and that it shall not be lawful for fuch Commiflioner, or any of them, to enter upon the duties of his office before he gives bond and fecurity as aforefaid. III. AND be it further enacted, That where any veffel shall be stranded and totally loft, goods faved from the wreck fhall not be liable to entry and duties; but if any veffel be drove or caft on fhore, and the damage fuftained on the goods does not appear to exceed ten per centum, in the judgment of the Commiffioners, fuch goods fhall be duly entered with the Naval Officer nearest the place where the eafe happened, according to law.* At a General Assembly, begun and held at the Public Buildings, in the City of Richmond, on Monday, the 20th Day of October, in the Year of our Lord 1783. An Act to authorife the Delegates of this State in Congress, to convey to the United HEREAS the Congrefs of the United States did, by their A&t of the fixth day of September, in the year one thoufand feven hundred and eighty, recommend to the feveral States in the Union, having claims to waste • This claufe repealed by Congress U. S. + Vide poft, chap. 40. and unappropriated lands in the Western Country, a liberal Ceffion to the Uni ted States, of a portion of their respective claims for the common benefit of the Union. II. AND whereas this Commonwealth did, on the fecond day of January, in the year one thousand feven hundred and eighty-one, yield to the Congrefs of the United States, for the benefit of the faid Štates, all right, title, and claim, which the faid Commonwealth had to the territory North-west of the river Obio, fubject to the conditions annexed to the said act of Ceffion. III. AND whereas the United States in Congrefs affembled, have, by their A&t of the thirteenth of September laft, ftipulated the terms on which they agree to accept the ceffion of this State, fhould the Legislature approve thereof, which terms, although they do not come fully up to the propofitions of this Commonwealth, are conceived on the whole, to approach fo nearly to them, as to induce this State to accept thereof, in full confidence that Congrefs will, in justice to this State for the liberal Ceffion the hath made, earnestly prefs upon the other States claiming large tracts of wafte and uncultivated territory, the propriety of making ceffions equally liberal for the common benefit and fupport of the Union: Conditions. Be it enacted by the General Assembly, that it fhall and may be lawful for the Delegates empowered Delegates of this State to the Congress of the United States, or fuch of them to convey. as fhall be affembled in Congrefs, and the faid Delegates, or fuch of them fo affembled, are hereby fully authorised and empowered, for and on behalf of this ftate, by proper deeds or inftrument in writing, under their hands and feals, to convey, transfer, affign, and make over unto the United States in Congress affembled, for the benefit of the faid States, all right, title, and claim, as well of foil as jurifdiction, which this Commonwealth hath to the territory or tract of country within the limits of the Virginia charter, fituate, lying, and being to the North-west of the river Ohio, fubject to the terms and conditions contained in the before recited Act of Congress, of the thirteenth day of September last, that is to fay: Upon condition that the territory fo ceded fhall be laid out and formed into States, containing a fuitable extent of territory, not less than one hundred, nor more than one hundred and fifty miles fquare, or as near thereto as circumftances will admit; and that the ftates fo formed, fhall be diftinct Republican States, and admitted members of the Federal Union, having the fame rights of fovereignty, freedom, and independence, as the other States; that the neceffary and reasonable expenfes incurred by this State in fubduing any British pofts, or in maintaining forts or garrifons within and for the defence, or in acquiring any part of the territory fo ceded or relinquished, fhall be fully reimburfed by the United States; and that one Commiffioner fhall be appointed by Congress, one by this Commonwealth, and another by those two Commiffioners, who, or a majority of them fhall be authorifed and empowered to adjust and liquidate the account of the neceffary and reasonable expenfes incurred by this State, which they fhall judge to be comprised within the intent and meaning of the Act of Congrefs of the tenth of October, one thousand seven hundred and eighty, refpecting fuch expenfes. That the French and Canadian inhabitants, and other fettlers of the Kafkafkies, St. Vincents, and the neighbouring villages, who have profeffed themselves citizens of Virginia, fhall have their poffeffions and titles confirmed to them, and be protected in the enjoyment of their rights and liberties. That a quantity not exceeding one hundred and fifty thousand Refervations. acres of land, promifed by this State, fhall be allowed and granted to the then Colonel, now General George Rogers Clarke, and to the officers and foldiers of his regiment, who marched with him when the pofts of Kafkafkies and St. Vincents were reduced, and to the officers and foldiers that have been fince incorporated into the faid regiment, to be laid off in one tract, the length of which not to exceed double the breadth, in fuch place on the North-weft fide of the Ohio as a majority of the officers fhall choose, and to be afterwards divided among the faid officers and foldiers in due proportion according to the laws of Virginia. That in cafe the quantity of good lands on the South-eaft fide of the Ohio, upon the waters of Cumberland river, and between the Green river and Tennefte river, which have been referved by law for the Virginia troops upon Continental eftablifhment, should, from the North-Carolina line bearing in further upon the Cumberland lands than was expected, prove infufficient for their legal bounties, the deficiency should be made up to the faid troops in good lands, to be laid off between the rivers Scioto and Little Miami, on the North-wek fide of the river Obio, in fuch proportions as have been engaged to them by the laws of Virginia. That all the lands within the territory fo ceded to the United States, and not All the lands ceded to referved for or appropriated to any of the beforementioned purposes, or difpofed be a commen fund for the members of the Federal alliance, and for no other ufe. Three members at least to execute the trust. 1 of in bounties to the officers and foldiers of the American army, shall be confidered as a common fund for the use and benefit of fuch of the United States as have become, or fhall become members of the Confederation or Foederal Alliance of the faid States, Virginia inclufive, according to their ufual respective proportions in the general charge and expenditure, and fhall be faithfully and bona fide difpofed of for that purpose, and for no other use or purpose whatfoever. Provided, that the truft hereby repofed in the Delegates of this State shall not be executed unless three of them, at leaft, are present in Congress. General Affembly, begun and held at the Public Buildings, in the CHAP. VIII. An A&t for fecuring to the Authors of Literary Works, an exclufive Property therein for a limited Time.* [Paffed the 21ft of November, 1785.] Exclufive right of print. I. BE inphlet already printed, being a citizen of any one of the United enacted by the General Assembly, That the author of any book or ing their vefted in authors for a limited States, who has not transferred to any other perfon or perfons, the copy or time. Penalty on perfons print. ing, importing, or publishing fuch books. copies of fuch book, or pamphlet, fhare, or shares thereof, his heirs and affigns, or the perfon or perfons who have purchased or acquired fuch copy or copies, fhare or fhares, in order to print or re-print the fame, his heirs and affigns, shall have the exclufive right of printing and re-printing fuch book or pamphlet, within this Commonwealth, for the term of twenty-one years, to be computed from the first publication thereof; and that the Author of any book or pamphlet already compofed and not printed or published, or that fhall hereafter be compofed, being a Citizen, as aforefaid, his heirs and affigns, fhall have the exclufive right of printing and re-printing fuch book or pamphlet, within this Commonwealth, for the like term of twenty-one years, to be computed from the first publication thereof. And if any perfon or perfons whatsoever, fhall print, reprint, or caufe to be printed or re-printed, within this Commonwealth, any fuch book or pamphlet; or fhall import into this Commonwealth, from any foreign Kingdom or State, any printed or re-printed copies of fuch book or pamphlet, without the confent of the Author or Proprietor thereof, first obtained in writing, figned in prefence of two credible witneffes at least; or who, knowing the fame to be fo printed, re-printed, or imported, without fuch confent firit had and obtained, shall publish, fell, or expofe to fale, or cause to be published, fold, or exposed to fale, any copy or copies of any fuch book or pamphlet; the perfon or perfons offending herein, fhall forfeit to the party injured, double the value of all the copies fo printed, re-printed, or imported; or fo published, fold, or expofed to fale; to be recovered at the fuit of fuch party, in any Court of Record within this Commonwealth. II. PROVIDED nevertheless, That no perfon fhall be entitled to the benefit of this Act, until he fhall have registered the title of fuch book or pamphlet with Authors to register titles the Clerk of the Council, and procured a certificate of fuch regiftry from the faid Clerk; which certificate the Clerk is hereby required to give, taking only three fhillings for his trouble. of their books with the Clerk of the Council. CHAP. IX. Preamble. I. An Act for the appointment of Harbour-Masters, and declaring their duty, WH [Paffed the 25th of November, 1785.] 7HEREAS it is reprefented that the appointment of Harbour-Mafte rs would tend to the prefervation of order and regularity in the several ports and harbours within this Commonwealth: I. BE it enacted, That the County and Corporation Courts within this State, fhall, and they are hereby authorifed and empowered, to appoint fo many How to be appointed perfons as they may think neceffary, to act as Harbour-Masters within their * Vide laws U. S. 1ft Cong. 2d fefs. chap: 7. 2d Cong. 2d jefs, chap. 55. and qualified. Conflitution U. S. art. 1, fec. 8. refpective jurifdictions. And the perfon or perfons fo to be appointed, fhall, of the Commonwealth of Virginia, and that I will well and truly perform the "duty of Harbour-Mafter to the best of my skill and judgment, without favor, affecatis, or partiality. So help me GOD." III. AND be it further enacted, That the Harbour-Mafters to be appointed Their powers. by virtue of this Act, fhall have full and ample power to caufe all fhips and other veffels that may come within his diftrict, to moor in fuch places as he fhall judge moft conducive for the general fafety, and fhall moreover direct the Mafters or Commanders of veffels to rig in their jib-booms, or any other spars which may tend to obftruct the navigation. Any Mafter or Commander refuling to obferve and comply with the faid directions, fhall forfeit and pay the fum of fifteen pounds, to the ufe of the Commonwealth; and fhall moreover be tions. fubject for any damages that may accrue in confequence of such refufal, to be recovered in any Court of Record within this Commonwealth. Penalty on mafter of a veffel refusing to comply with their direc IV. AND be it further enacted, That the Harbour-Master shall cause every Their duties. fhip or other veffel that may come within his diftrict, to be properly moored within twenty-four hours after their feveral arrivals. Any Harbour-Mafters failing to give directions for the mooring of any veffels within the time prefcribed by this Act, fhall forfeit and pay fifteen pounds, for the ufe of the Commonwealth, to be recovered, by motion before the County or Corporation Court (as the cafe may be) on ten days previous notice, and fhall moreover be liable to the action of the party injured for any damages fuftained in confequence of fuch neglect. And the Harbour-Mafters fhall moreover attend to the unmooring of all fhips and other veffels within their respective districts; and in cafe any vefiel moored, fhall, by ftrefs of weather or other accident, be drove from her mooring, the Harbour-Mafter shall attend to the re-mooring the fame, and be entitled to half fees for fuch service. V. AND be it further enacted, That the Harbour-Mafters fhall demand, and And fees. be entitled to receive from all Masters or Commanders offquare-rigged veffels, the fum of ten fhillings, and for all fchooners and floops, the fum of fix fhillings, and no more: Provided nevertheless, That no Mafter or Commander of any river or bay craft, fhall be fubject to the payment of any fee by this Act impofed. VI. THIS A&t to commence and be in force from and after the first day Commencement of this of January, one thousand seven hundred and eighty-fix. CHAP. X. An A to prevent Frands and Perjuries. [Paffed the 30th of November, 1785.*] act. 1. Bere E it enacted by the General Affembly, That no action fhall be brought Certain contracts, awhereby to charge any Executor or Administrator upon any special pro- greements, & promifes, mife to anfwer any debt or damages out of his own eftate, or whereby to charge not binding, unless the defendant upon any special promise to answer for the debt, default, or mif- made in writing. carriage of another perfon, or to charge any perfon upon any agreement made upon confideration of marriage, or upon any contract for the fale of lands, tenements, or hereditaments, or the making any leafe thereof for a longer term than one year, or upon any agreement which is not to be performed within the space of one year from the making thereof, unless the promise or agreement upon which fuch action fhall be brought, or fome memorandum or note thereof shall be in writing, and figned by the party to be charged therewith, or fome other perfon by him thereunto lawfully authorised. II. EVERY gift, grant, or conveyance of lands, tenements, hereditaments, Conveyances of lands or goods or chattels, or of any rent, common, or profit out of the fame, by writing, goods, and bonds, fuits, or otherwife, and every bond, fuit, judgment or execution, had or made, and judgments, and execucontrived of malice, fraud, covin, collufion, or guile, to the intent or purpofe tions to defraud creditto delay, hinder, or defraud creditors of their juft and lawful actions, fuits, ors, void as to them. debts, accounts, damages, penalties, or forfeitures, or to defraud or deceive those who fhall purchafe the fame lands, tenements, or hereditaments, or any rent, proft, or commodity out of them, fhall be from henceforth deemed and ́taken (only as against the perfon or perfons, his, her, or their heirs, fucceffors, exe. * 1785, chap. 66. |