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to the satisfaction of such justices, of his or her right to such slaves, horses, or other property, and that the same were taken or went off from him or her in consequence of the invasion of this or any of the neighbouring states, shall be entitled to a warrant from such justices, under their hands and seals, directed to the sheriff or any constable of the said county, commanding them, and each and every of them, to take such slave or slaves, horse or horses, or other property, and deliver the same to the owners thereof. Provided, That before granting such warrant, the person or persons Proprietors demanding the same shall give bond, with sufficient warrants for security, in such sum as the justices shall direct, paytaking their able to the person or persons in whose possession the property; slave or slaves, horse or horses, or other property giving bond security. claimed as aforesaid may be, to return the same to the possessors in case he or she so claiming shall fail to prove his or her right to such slaves, horses or other property, at the trial of any suit to be brought for the

may obtain

Two justices may secure property suspected to belong to others un. known.

Wandering

slaves may be committed to pri

son

Proceedings thereon.

same.

any

III. And be it further enacted, That where any person or persons shall be possessed of any slaves, horses or other property suspected to have gone or to have been taken from their owners, in consequence of invasion as aforesaid, it shall be lawful for any two Justices of the peace for the connty where such persons reside, on information to them made, to cause such person or persons to come before them, and if such suspicion shall appear to them to be well founded, after hearing the parties, to cause such person or persons to enter into a recognizance to the governor or chief magistrate of this commonwealth, in such sum as the said justices shall judge reasonable, and with sufficient security, on condition that he or she shall not sell, dispose of or secrete any such slave or slaves, horses or other property, for such time as the said justices shall think proper, not exceeding one year. And when any slave or slaves shall be found wandering about, it shall be lawful for any justice of the peace to commit such slave or slaves to the gaol of his county, by warrant under his hand and seal, and the sheriff or gaoler is hereby required to receive such slave or slaves, and to confine him, her or them in close gaol for three months, unless the owner or owners of such slave or slaves shall sooner appear. And such sheriff or gaoler shall, within

three weeks after such commitment, cause such slave or slaves to be advertised in the Virginia gazette, which advertisement shall be inserted in three successive papers, and if no owner shall appear within the time limited for the confinement of such slave or slaves, the sheriff or goaler may hire out such slave or slaves for the payment of his prison fees and the expences of advertising. And if the owner shall apply within the time aforesaid, he shall pay the said fees and experces of advertising, and the further sum of twenty shillings for each slave so confined and advertised as aforesaid. IV. And it is further enacted, That the penalties by Penalties this act imposed may be recovered in any court of re- how to be cord in this commonwealth, by action of debt, indict- recovered & ment or information, and shall be applied, the one half appropria thereof to the use of the commonwealth, and the other half to the use of the informer. Provided always. That this act, so far as it respects the penalties to be purchasers incurred for not delivering to the owner, or not pub- exempted from penal. lishing any such slaves, horses or other property, shall not extend to bona fide purchasers of such slaves, horses or other property, or to such as may have pursued the method directed by the laws now in force for taking up of strays. Provided also, That this act shall not extend to slaves, horses or other property taken by extend to the enemy and retaken in action by any soldier or ci- property ta tizen of this state, or any of the United States, except my and reta where the same were by capitulation or agreement to ken in acbe returned to their owners.

ted

ties.

Bona fide

Act not to

ken by ene

tion.

[blocks in formation]

[Ch. XLIX, in original.]

Purther time

chasers of

CHAP. IX.

An act giving further time to the purchasers of lots in the towns of Moorefield and Bath to build there

on.

1. WHEREAS the purchasers of lots in the town allowed pur- of Moorefield, from the difficulty of procuring materials, have not been able to build on their said lots within the time prescribed by an act entitled, "An act for establishing the town of Moorefield, in the county of Hampshire:

lots, in towns of Moore. field and Bath, to

build there

on.

II. Be it therefore enacted, That the farther time of three years, from the passing of this act, shall be allowed the purchasers of lots in the said town to build upon and save the same.

HI. And whereas the purchasers of lots in the town of Bath, in the county of Berkeley, labour under the like inconveniencies, arising from the same causes; for remedy whereof,

IV. Be it further enacted, That the purchasers of lots in the said last mentioned town shall be allowed the farther time of three years, from the passing of this act, to build on and save the same; any law to the contrary thereof notwithstanding.

CHAP. X.

[Chap. L, in original.]

An act to ascertain the losses and in- Continued by May 1782 juries sustained from the depreda 4, Oct. c. tions of the enemy within this com- 1783, c. 10. monwealth.

evidence of.

I. BE it enacted by the General Assembly, That County the courts of the several counties within this state shall, courts to col and they are hereby empowered and required either to lect & state hold special courts, or to appoint so many of their own injuries from body as to them shall seem most proper, to collect and depreda state, from the best proof the nature of the case will tions of the admit of, the various losses and injuries, both public enemy. and private, which have been sustained within their respective counties during the war, from the depredations of the enemy in their several invasions, and to state the same under so many different heads as such losses or injuries may consist of, and return their proceedings How to reherein, together with the proofs made in support there- proccedings. of, to the governor and council, to be by them laid before the next assembly.

port their

CHAP. XI.

An act to survey certain roads.

{* Chap. LI

in original.]

I. WHEREAS the roads from the passes in the Preamble. mountain commonly called the Blue Ridge to the seat of government, and to other sea-port towns, and from one sea-port town to another, are so indirect and unfixed that great difficulty and expence hath arose to the good people of this commonwealth travelling thereon, as well as greatly encreasing the public charge of carriage: To prepare for the remedy of which evil,

II. Be it enacted, That where any one or more persons shall employ a surveyor, with his proper attend

roads

of govern

sea port towns, and

from one sea port town to

another, authorised, at

Survey of ants, at his or the said employers own expence, to surthrough the vey any road or roads as aforesaid, and the surveyor passes in the with his said attendants shall first, before some justice Blue Ridge of the peace, make oath or affirmation that they will to the seat justly and truly do their duty in the mensuration and ment, or to survey so employed in by the employer or employers aforesaid, and having a certificate thereof from the said justice, shall be permitted and empowered to take the courses and measure the said roads, and mark the distance of miles on any of the natural grown trees on the sides thereof, if his instructions from his employer or the expense employers sq direct; and the said surveyor who shall ties employ have been so qualified and run his courses along the ing survey traverses and meanders of any road from the said mountain to the seat of government, to any other sea-port town, or from one sea-port town to another, shall hereby be further empowered, with his necessary attendants as aforesaid, without any let or hindrance whatsoever, to run a protracted or straight line to his place of departure, or to any other point, to ascertain the true distance, that the same may be laid before the next or some future general assembly of this commonwealth, to take future order therein.

of the par

ors.

III. And be it further enacted, That if any person or persons shall stop, oppose or hinder any surveyor or his attendants from doing their duty therein as aforesaid, upon proof thereof made, he or they shall pay all costs attending such survey, and the penalty of ten pounds, to be recovered in any court of record within this commonwealth. Provided nevertheless, That no protracted course of any survey to be made as aforesaid, shall be run between the first day of May and the fifteenth day of July, whereby damage shall be done to any field of grain by the surveyor and his attendants passing through the same, without consent of the owner thereof.

IV. And be it further enacted, That any penalty recovered by virtue of this act, shall be appropriated towards lessening the county levy where such recovery shall be made.

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