Trustee in the room of the one fo dying, removing, or difabled. The fheriff fhall attend and take the poll at fuch election, entering the names of the perfons voted for in a distinct 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 sheriff 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 in. tents and purposes, be a Trustee of the town for which he was chofen.

III. SO much of all Acts of Affembly as are contrary to the purview and meaning of this Act, are hereby repealed,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.

I.

An Act concerning Wrecks,

[Paffed the 20th of June, 1732.]

WHEREAS many er lhores within this Commonwealth, and the

veffels, have been and may hereafter be ftranded on

goods or other property belonging to fuch veffels may be embezzled and ftolen, 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 Commiffigners to be bufinefs and duty it fhall be, on the earliest intelligence, or on application to appointed on the ica and them made, by or on behalf of any owner or commander of a fhip or other bay hores. veffel, being in danger of being ftranded, or being ftranded, to command any

Thofe who affift in faring a veffel or cargo to

have a reward;

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 frandfhall be thought neceffary to the affistance of fuch fhip or veffel; and if there ed or in danger, fhall be any fhip or veffel belonging to the State riding near the place, the Commiffioner or Commisioners fhall have power to demand of the commanding officer 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 fhall forfeit one hundred pounds, to be recovered by the officer or owner of the thip in diftrefs, with cofs, in any Court of Record within this Commonwealth. The Commisioner or Commiflioners, and the commanding officer of any ship or veffel, and all others who fhall affift in preferving any fhip 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 vessel or goods fhall remain in the cuftody of the Commiffioner or Commiffioners until all charges be paid, or fecurity given for that purpose, to the fatisfaction of the parties. And in cafe the parties fhall difagree, touching the monies deserved by the perfons employed, it fhall be lawful for the com- or fecured. mander of fuch veffel faved, or the owner of the goods, or merchant interested, to choose one indifferent perfon, and alfo for the Commiffioner or Commiffioners Reward how to be to nominate one other indifferent perfon, who fhall adjust the quantum of the afcertained, gratuities to be paid to the feveral perfons, and fuch adjustments shall be binding on all parties, and to be recoverable with coits 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 poffeflion thereof, and caufe Proceeding ifthe goode a true defcription of the marks, numbers, and kinds of fuch goods to be advertised 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 fhall 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

and may retain veffel or goods till reward paid

fame. If any perfon, befides thofe empowered by the Commiftioners, or one of Penalty on those who

intermeddle without

fioners.

Or hip thofe emin faving the

Gods.

Or deface the marks.

Commiffioners may repel force by force.

veffel in diftrefs, and

Penalty.

them, shall enter or endeavor to enter on board any veffel in diftrefs, without power from Commif the leave of the commanding officer, or in cafe any person shall moleft them in faving the veffel or goods, or fhall endeavor to hinder the faving fuch veffel or 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 perfon fhall 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 distress, and thereby moleft them Goods carried from a in preferving the veffel or goods; and in cafe any goods fhall be found upon any found in any perfon's perfon that were ftolen or carried off from any veffel in diftress, the perfon on poffeffion, to be restored. whom fuch goods be found, fhall, upon demand, deliver the fame to the owner or Commiffioners, or to fuch other perfon as shall be authorised by the Commiffioners or owner to receive fuch goods, or fhall be liable to pay treble the value, to be recovered, with costs, in any Court of Record. If any person shall make or be affifting in making a hole in any veffel in diftress, 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 of clergy; any Commiffioner by fraud or wilful neglect, abusing the trust reposed in him, fhall, upon conviction thereof, forfeit and pay treble damages to the party aggrieved, to be recovered, with costs, 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 Commiffioners fhåll 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 diftrets.
Or fteal pump materials
or goods; or do any
thing tending to the lofs

of the veffel.

Penalty on Commiffioner abufing his truft;

and on conftable and affiftants for neglect,

courthouse.

Commiffioners to give bond and fecurity.

If veffel totally lost, 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 refpectively give bond and security 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 Commiffioner, 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 Commiflioners, fuch goods fhall be duly entered with the Naval Officer nearest the place where the cafe happened, according to law.*

At a General Affembly, begun and held at the Public Buildings, in the City of Richmond, on Monday, the 20th Day of Cctober, in the Year of our Lord 1783.

CHAP. VII.

An Act to authorife the Delegates of this State in Congress, to convey to the United
States in Congress affembled, all the Right of this Commonwealth to the Territory
North Westward of the River OHIO.†

I.

[Paffed the 20th of December, 1783.1

HEREAS the Congrefs of the United States did, by their A&t of the fixth day of September, in the year one thousand feven hundred and eighty, recommend to the feveral States in the Union, having claims to waste This clauje repealed by Congrejs U. §. + Vide poft, chap. 40.