1 No. VIII. An Act to authorise the County Court of Lee, to erect a Turnpike or Toll Gate on the Road leading from Mockerson Gap to Cumberland Gap, through the said County. [Passed December 21st, 1805.-Acts of 1805, ch. 12, pa. 10.] An Act to amend and explain the Act authorising the County Court of Lee, to erect a Turnpike or Toll Gate, on the Road leading from Mockerson Gap to Cumberland Gap, through the said County. (Passed January 2d, 1807.-Acts of 1806, ch. 72, pa. 28.) An Act establishing a Turpike Road from the Head of Roanoke River, over the Allegany Mountain. (Passed December 31st, 1805.-Acts of 1805, ch. 17, pa. 12.) An Act establishing a Turnpike over the Blue Ridge at Thornton's Gap. (Passed January 7th, 1806.-Acts of 1805, ch. 41, pa. 23.) APPENDIX No. IX. CONTAINING A COLLECTION OF SUCH ACTS OF THE GENERAZ ASSEMBLY, OF A PUBLIC NATURE, AS HAVE PASSED SINCE THE REVISAL OF 1785, AND WERE OMITTED IN THE EDITIONS OF 1794, AND 1803. CHAP. I. An Act to amend an Act "For establishing a Land Office, and ascertaining the terms and manner of granting waste and unappropriated lands." [Acts of 1784, ch. 10, pa. 7.] 1 WHEREAS by the act, entituled, " an act for establishing a Land office, and ascertaining the terms and manner of granting waste and unappropriated lands," it was enacted, that any person possessing high lands, to which any swamp, marshes, or sunken grounds are contiguous, shall have the preemption of such swamps, marshes, or sunken grounds, for one year from and after the passing of the said recited act; and if such person shall not obtain a grant for such swamps, marshes, or sunken grounds, within the said year, then any other person may enter on, and obtain a grant for the same, in like manner as is directed in the case of other unappropriated lands. And great inconvenience will arise to the proprietors of high lands adjacent to such swamps, marshes, or sunken grounds, for the want of a due promulgation of the said recited act: 2. Be it therefore enacted, That so much of the said act as is recited above, shall be, and the same is hereby repealed. And for preventing a multiplicity of law suits which may arise out of the said recited clause in the act aforesaid, 3. Be it further enacted, That all and every entry or entries that may have been made by any person whatsoever for such swamps, marshes, or sunken grounds, shall be, and the same are hereby declared null and void. 4. And be it further enacted, That the proprietor of high lands, to which any such swamps, marshes, or sunken grounds are contiguous, shall have a right of pre-emption to enter for and complete their title thereto, until the first day of May, one thousand seven hundred and eighty-six, and no longer; after which, it shall and may be lawful for any other person or persons to enter for, survey, and obtain grants for the same: saving to persons beyond sea, feme coverts, infants, and persons under other legal disabilities, the term of three years, after their respective disabilities shall be removed. 5. And be it further enacted, That patents shall be obtained upon entries for all vacant sunken grounds aforesaid, in the same manner and upon the same terms as upon surplus lands.. And whereas the register of the land office is restrained from receiving surveys, unless the warrant under which each survey is made is also therewith returned, which in many cases is productive of great inconvenience, and the register by having in his office a list of warrants is possessed of a sufficient check to prevent imposition herein; 6. Be it therefore enacted, That the said register may henceforth receive into his office, any survey certified by a sworn surveyor, which corresponds with the warrant it refers to, although the said warrant under which the said survey is made shall not be returned into his office. 7. And be it further enacted, That the sheriffs of the several counties within this commonwealth, shall immediately after receiving this act, read the same at the court house door of their respective counties for two several court days. CHAP. II. An Act altering the time of the annual meeting of the General As÷ sembly, and for other purposes. [Acts of 1784, ch. 20, pa. 12.] 1 BE it enacted, That the sheriffs, under sheriffs, or other of ficers anthorised by law to hold elections of senators and delegates, shall within sixty days* after every election for their respective districts, counties, cities, or Boroughs, return to the clerk of the house of delegates, and to the clerk of the senate, as the case may require, certificates of such elections under their hands and seals, and shall furnish each delegate and senator with a duplicate thereof. Any sheriff, under sheriff, or other officer, failing to make such return within the time abovementioned, shall forfeit and pay the sum of fifty pounds; to be recovered by bill, plaint, or information, in any court of record within this commonwealth; one half to the use of the commonwealth, and the other half to the informer. [If any sheriff or deputy sheriff, shall directly or indirectly so interfere in the election of senators or delegates, as to shew partiality for any of the candidates, he shall forfeit and pay the sum of two hundred pounds; to be recovered on bill, plaint, or information, in any court of record; one moiety to the use of the informer, and the other to the use of the common * One day at least before the meeting of the assembly. See Rev. Code, vol. 13 ch. 17, sect. 15. Under the penalty of £. 100.—Ibid. sect. 17. wealth; and moreover be deprived of his right of voting for two years at any such election thereafter.] 2. And be it further enacted, That the meeting of the general assembly shall be on the third Monday in October* annually, unless convened at some other time by the governor, agreeable to the powers vested in him by the constitution or form of government. So much of an ordinance of convention, entituled "an ordinance for regulating the election of delegates, and ascertaining their allowances, and also for regulating the election of committee men in the several counties and corporations within this colony, and for other purposes," as comes within the purview of this act, shall be, and the same is hereby repealed. *Altered in 1793 to second Tuesday in November, and in 1796, to first Monday in December. See Rev. Code, vol. 1, ch. 162, pa. 315-ch. 205, pa. 364. CHAP. III. An Act to explain and amend the Act, entituled "An Act to amend an Act, entituled, an Act for adjusting and settling the Titles of Claimers to unpatented Lands under the present and former Government, previous to the Establishment of the Commonwealth's Land Office." 1 W [Acts of 1784, ch. 79, pa. 23.] HEREAS by the act, entituled "an act to amend the act, entituled an act for "adjusting and settling the titles of claimers to unpatented lands under the present and former government, previous to the establishment of the commonwealth's land office," county courts were empowered to grant certificates of settlement and pre-emption rights in certain cases. And whereas also, it has been doubted whether any person claiming lands by virtue of a treasury warrant, and caveating a person claiming the same lands under such certificate of settlement and pre-emption, or being caveated by him, be allowed to examine into and contest the legality of such certificate in the trial of the cause, even though he had no previous notice that such certificate was to be applied for: 2. Be it enacted, That in all cases where any caveat has been or shall be entered by or against any person claiming lands by virtue of a certificate granted by a county court of a settlement and pre-emption right, or of a pre-emption right only, such certificate shall not of itself be considered as conclusive proof of the title of the person holding the same, but the opposite party, by or against whom such caveat may have been entered, shall be allowed to adduce any testimony proving that such certificate was granted contrary to law, or in any mann er invalidating the said certificate. Provided always, That any magistrate, or officer belonging to the court, granting such certificate as aforesaid, and, who was present at the time of granting the same, may be admitted as a witness for either party to prove on what testimony such certificate was granted. No. IX. CHAP. IV. An Act to amend the Act concerning Pensioners. [Acts of 1785, ch. 44, pa. 32.] THEREAS the United States in congress assembled, have by their act of the seventh of June last, recommended to the several states to make provision for officers, soldiers, and seamen, who have been disabled in the service of the said United States, in a certain manner in the said act described, and it is expedient and necessary that the same be adopted and carried into effect within this commonwealth; and also, it is found that the laws now in force concerning pensioners, are very defective: 2. Be it therefore enacted by the General Assembly, That the auditors of public accounts be, and they are hereby authorised and directed, to make out in a book to be kept for that purpose, on the first day of January, in every year hereafter, a complete list of all officers, soldiers, and seamen, who having served in the army or navy of the United States, or in the militia in the service of the United States, and have been disabled in such service, who now In this list shall be are or hereafter may be on the pension list. expressed the pay, age, and disability of each invalid; also, the regiment, corps, or ship, to which he belonged, together with the changes which may happen, from year to years A copy of this list shall annually, as soon as may be, after the day abovementioned, be transmitted to the executive, who shall transmit a duplicate thereof to the secretary at war, as directed by the act of congress aforesaid: 3. And be it further enacted, That no officer, soldier, or seaman, who has been disabled in the service of the United States, or of this commonwealth, shall, after the passing of this act, be considered as an invalid, or entitled to a pension, unless he is so disabled as to be incapable of military duty, or of obtaining a liveli hood by labour, and can produce a certificate from the commanding officer, or surgeon, of the regiment, ship, corps, or company in which he served, or from a physician or surgeon of a military hos pital, or other good and sufficient testimony, setting forth his disability, and that he was thus disabled while in service. All commissioned officers within the aforesaid description, disabled in the service of the United States, or of this commonwealth, in the army, navy, or militia, so as to be wholly incapable of military duty, or of obtaining a livelihood, shall be allowed a yearly pension, equal to half of their pay, respectively; and all commissioned officers, as aforesaid, who shall not have been disabled in so great a degree, shall be allowed a yearly pension, which shall correspond with tho degree of their disability, compared with that of an officer wholly disabled. All non-commissioned officers and privates, within the aforesaid description, disabled in either service, as aforesaid, so as to be wholly incapable of military duty, or of obtaining a liveli hood by labour, shall be allowed a sum not exceeding five dollars per month; and all non-commissioned officers and privates, who shall not have been disabled in so great a degree, shall be allowed such a sum as shall correspond with the degree of their disability, compared with that of a non-commissioned officer or private wholly disabled. Mm No. IX. 4. And be it further enacted, That the governor, with advice of council, be, and he is hereby authorised and directed, to examine all claimants of pensions, as aforesaid, and upon finding any per. son to be an invalid, and that he was disabled while in service, to give him a certificate thereof, specifying the regiment, corps, or ship or other vessel, to which he belonged, and whether he was in the service of the United States, or of this commonwealth, when disabled, together with the degree of disability, and the pay to which he is entitled; a duplicate of which certificate, shall be transmitted to the auditors of public accounts, who shall thereupon enter such invalid on the pension list as heretofore. And in case of any claimants being so disabled or remote from the seat of government, as to render a personal attendance there too burthensome and inconvenient, the executive shall, upon satisfactory proof thereof, and having sufficient evidence in their opinion, on which to found any certificate directed by this act to be given, grant such certificate, notwithstanding the non-attendance of the claimant. 5. And be it further enacted, That the auditors shall, annually, before the last day of March, transmit to the clerks of the several counties in this state, a general list of pensioners; and every pensioner shall, annually, in May* or June*, apply in person, or if an orphan, by his or her guardian, to the court of the county wherein he or she resides, and exhibit the certificate upon which his or her claim is founded, and make oath that he or she is the person to whom it was given; or where such person shall be unable to attend, he or she shall make the like oath before a magistrate; and the court upon comparing the certificate with the list transmitted from the auditors, and finding it to be right, shall order it to be recorded, and direct the sheriff to pay the pension; a copy of which order shall be given the pensioner: whereupon the sheriff shall make payment thereof, and take a receipt upon the said or der, and be entitled to credit for the same in the settlement of his account with the auditors. And to the end, that all invalids who have heretofore been put on the pension list, may regularly have certificates thereof, and be enabled to conform to the regulations in this act prescribed, 6. Be it enacted, That every such invalid having a certificate, such as is above directed, shall apply to the governor, who, upon examination, and finding the same to be true, shall affix his counter signature thereto; or having no such certificate, shall in like manner make application and obtain one, specifying when he was put on the pension list. 7. And be it further enacted, That the executive shall be, and they are hereby authorised, to grant certificates for admission to the pension list, with such allowances as to them shall seem just, the widows and orphans of all officers, soldiers, and seamen, who died in the service of the United States, or of this commonwealth, in the army, navy, or militia, upon certificates from the court of the county in which they reside respectively, of their being widows or orphans of such officers, soldiers, or seamen, as the case may be : Provided, That no such allowances shall be made except indigency of circumstances shall render the same necessary. And to the end, that all invalids, widows and orphans who now are or hereafter may Altered to February and April, by act of 1786, ch. 18, pa. 17. |