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chancery hy jury upon viva voce testimony in the

said court, hath been found to be expensive to the parOrdinary trio ties, and inconvenient to witnesses, Be it therefore enCharicely re. acted, That so much of the twenty-sixth rale prescribpealed. ed by the act for establishing an high court of chan

cery, as directs such matters of fact to be tried by jury in the said court upon viva voce testimony, shall be, and the same is hereby repealed; and henceforward the mode of trial in all causes now depending before the

high court of chancery, as well as in such as may hereFormer after be commenced, shall be the same as heretofore mode of trial used and practised in the courts of chancery within revived. the colony of Virginia under the the former govern

ment.

[Ch. CCXIV in original]

CHAP. XXVII. [Chan, Revo An act to amend the several acts for på 217]

regulating public ferries. See 1769, ch. 25.

1. WHEREAS it has been represented to this assembly, that a public ferry across the rivers Staunton and Dan, near the confluence of the said rivers, in the county of Mecklenburg, from the land of Sir Peyton Skipwith on the porth side, to his land on the south side, will be of great advantage to travellers and

others: Skipwith’s II. Be it therefore enacted, That a public ferry shall ferry esta. blished.

be constantly kept at the aforesaid place, and that the rates for crossing, and penalties for neglect of duty, shall be the same as is directed in the case of other ferries established by law in the said county. And whereas the acts now in force for regulating ferries, are insufficient to restrain those living near public ferries

from setting over passengers from their lands, across Penalty on

rivers and creeks where such ferries are established, to private per. the great injury of the keepers thereof, sous ferry IM. Be it enacted, That if any person, other than ing over othes for a ferry keeper, shall hereafter, for reward, set any reward.

person or persons over any river or creek whereon

kates.

public ferries are established, or shall permit or allow any persons living on the opposite shore of such river or creek, to take passengers from their lands contiguous to a public ferry, he or she so offending, shall forfeit and pay five pounds current money for every such offence, one moiety to the ferry-keeper nearest the place where such offence shall be committed, the other moiety to the informer; and if such ferry-keeper shall be the juformer, he shall be entitled to the whole penalty; to be recovered with costs, by action of debt or information in any county court within this commonwealth.

IV. And be it further enacted, That all and every act and acts, contrary to the meaning of this act, shall be, and the same are hereby repealed.

pa. 217.

CHAP. XXVII.

(Ch. CCXV

in original.] An act for establishing inspections of

tobacco on the weslern waters, at Chan. Rer. Portsmouth, in the county of Nor. folk, and at Gibson's, in the county 1783, ch. 1o. of King George.

I. WHEREAS it is represented to this present gen- Preamble. eral assembly, that the erecting of ware-houses for the inspection of tobacco in the county of Lincoln, on Kentucky river, at the mouth of Hickman's creek, on the lands of James Hogans; also in the county of Jefferson, at the falls of the Ohio river, on the lands of John Campbell; also in the county of Fayette, at Lee's Town, on the Kentucky river, on the lands of Hancock Lee; in the county of Norfolk, on the public lands in the town of Portsmouth; and also in the counly of King George, on the lot of land belonging to John Gravett and William Shropshire, will be of public benefit:

II. Be it therefore enacted, That the said inspections New water of tobacco shall be, and they are hereby established at blished. the places aforesaid, that is to say: The inspection in the county of Lincoln, shall be called and known by Vor u.

T 2

houses esta

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the name of Hickman's: the inspection in the coun-
ty of Jefferson, shall be called and known by the
name of Campbell's; the inspection in the county of
Fayette, shall be called and known by the name of
Lee's; in the county of Norfolk, shall be called Ports-
mouth; and the inspection in the county of King

George, shall be called and known by the name of
Courts to Gibson's. And the courts of the said counties shall
huild ware: observe the same rules and regulations in erecting the
horises and
recommend

said ware-houses, and recommending of inspectors, as inspectors. are prescribed by the act, intituled, "An act to amend

and reduce the several acts of assembly for the inspec

tion of tobacco, into one act;" and that the transfer Currency of their trans

notes issued by the inspectors at the ware-houses in the fer notes.

said counties of Lincoln, Jefferson, and Fayette, shall
be payable in the said counties for all county and pa-
rish levies, and also all clerks, sheriffs, and other ofti-
cers fees, within the same; and the transfer notes issued
by the inspectors at Gibson's ware-house, shall be pay-
able in like manner as those formerly issued by the
inspectors at Gibson's ware-house in the said county of

King George.
Inspectors' III. And be it further enacted, That the acting in-
salaries.

spectors attending the said ware-houses, shall be enti-
iled to, and receive the following salaries, that is to
say: Ai Hickman's ware-house, the sum of twenty-
five pounds each; the inspectors at Campbell's ware-
house, the sum of twenty-five pounds each; at Lee's
ware-house, the sum of twenty-five pounds each; at
Portsmouth, thirty pounds each; and at Gibson's ware-
house, the sum of thirty pounds each. And the sur-
plus money remaining in their hands, after paying
their wages and other contingent charges of the ware-
houses, shall be accounted for in the same manner as
is directed by the said recited act.

IV. And be it enacted, That for all tobacco which
Inspection

shall be delivered out of the ware-houses aforesaid,
there shall be paid to the inspector, by the person de-
manding the same, ten shillings for every hogshead so
delivered, and one shilling and three pence for every
hundred weight which may be put up in any lesser
package; which money shall be the fund for payment
of the inspectors salaries as well as for supporting the
respective warehouses.

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tax.

See May.

CHAP. XIX.

(Chapler CCXVi in

original.) An act to ascertain the mode of obtaining grants to certain lands on

1779, ch 12, the western waters.

vol. 10, pa.

42, 48. 1. WHEREAS, in obedience to an act of assem• Preamble: bly, intituled, “ An act for, adjusting and settling the titles of claimers to unpatented lands, previous to the establishment of the commonwealth's land-office," the commissioners thereby appointed, proceeded to issue certificates to different claimants under the said act:

II. And whereas many surveys made in conformity Persons to the said certificates, include other surveys made for claiming the the same persons under the sanction, and in the name under certiof several companies who obtained grants under the ficates of former government, and which have since been con

commissionfirmed by the high court of appeals: For the preserva- by purchase

ers, and also tion of the rights of such companies, and convenience from certain of those who have obiained surveys under the decision companies, of the said commissioners, Be it enacted, That all may return persons who have obtained certificates from the re- veys, made spective commissioners acting under the above recited in conformi. act, for land they also claimed by purchase from the ty with such grantees, may return their surveys made in conformity and obtain io such certificates to the land office, and the register patents. is hereby authorized and required to issue grants upon all such surveys, within six months after they have been returned into his office. Provided always, That the proprietor of such surveys shall account with the grantees or their agents, for so much of the lands

were surveyed to the said companies, prior to the year one thousand seven hundred and seventy-six, agreeable to the decree of the court of appeals, that is

But must to say, they shall pay the said companies or their

pay the comagents, the sum of three pounds per hundred acres, vany 31. per for all land confirmed to the said grantees as aforesaid, bundred And with lawful interest from the fifteenth day of May, one

interest from

May 15, thousand seven hundred and seventy-nine, and no 1779. more.

III. And in lieu of forfeiture of lands in case of non After 25th payment, which is unreasonable, and shall hereafter Dec 1784,

distress may cease: Be it further enacted, That for all arrearages be made of which shall be due, and have been previously demand- the land, for

as

Arrears of ed by the said companies or their agents, on or before purchase

the twenty-fifth day of December, one thousand seven money, and forfeitures

hundred and eighty-four, previous to which no distress to cease. shall be made, the sheriffs of the counties whereiy such

lands lie, the price of which may be due, at the request of the different companies or their agents, may, and are hereby directed to lay off in a compact body, so much of the said lapd, to be pointed out by the tenant or proprietor, as shall be the value of such debt, and shall proceed to sell the same, charging the debtor with the usual commission thereon, and the expense of surveying such dividend or quantity of land; provided that he gives thirty days public notice of the time and place

of such sale. Public to re. IV. And whereas many of the citizens of this pay the ex. commonwealth, have paid considerable sums of mopense of ascertaining

ney to commissioners, clerks, and surveyors, for ascertitles before taining their titles to lands, which titles have since commission. been evicted by a decree of the court of appeals, ers, since evicted by

Be it therefore enacted, That the clerks and surcourt of ap. veyors belonging to the different districts laid off by peale. the above recited act, shall immediately upon the re

ceipt of this act, ascertain the amount of all surveys made prior to the year one thousand seven hundred and seventy-six, which are included in the certificates granted by the commissioners, and the disbursements in specie of the proprietors of the said land respectively, to the said commissioners, clerks, and surveyors, in procuring certificates for re-surveying the same; which accounts shall be duly proved before any county court of the district, and certified by the clerk of such court to the auditors of public accounts, who shall issue their warrants for the same; which warrants shall be receivable in taxes under the act for calling in and redeeming certain certificates.

V. And be it further enacted, That all acts coming within the purview of this act, shall be, and the same are hereby repealed.

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