and ample manner as the county courts by law can or may do. Proviso as to X. Provided always, and be it further enacted, That proof of no will shall be admitted to proof or record in the said wills and deeds, in court, nor shall the said court grant administration, Fredericks- unless the testator or intestate, as the case may be, was burg. Its court of hustings may appoint attorney for commonwealth. Ordinary keeper in Richmond, incapable of serving as mayor, re corder, aldermen, or common council-man. to have ex clusive pow er of licens ing taverns. resident within the limits of the jurisdiction of the said court at the time of his or her death; nor shall any deed whereby lands are conveyed be admitted to proof or record in the said court, unless such lands lie within the limits as aforesaid. The said court shall have power to appoint a person skilled in the law to prosecute therein for the commonwealth, and to allow him a reasonable salary for his services, to be levied annually by the corporation on the inhabitants within the limits of the said town, and that the said inhabitants shall hereafter be exempted from contributing towards paying any part of the salary of the attorney for the commonwealth in the court of the said county of Spotsylvania. XI. And be it further enacted, That no ordinary keeper in the city of Richmond shall be capable of serving as mayor, recorder, alderman or common council-man for the said city. XII. And be it further enacted, That the court of Court of hustings for the town of Alexandria shall have the sole hustings of and exclusive power of granting licenses to keep ordiAlexandria naries within the said town, regulating the same and restraining tippling-houses, in the same manner and under the like rules and regulations as are prescribed for the justices of any county court within this commonwealth, by an act intituled, "An act for regulating ordinaries and restraint of tippling-houses." And that the court of the said county of Fairfax shall not exercise any jurisdiction in that case as hath been formerly done. Provided always, That nothing in this act shall be construed to deprive the court of the said county of Fairfax of their jurisdiction where any indictment is or may hereafter be found, any information filed, or action of debt brought against any person for retailing liquors without license. That the Duty of clerk of the court of hustings in the said town of Alexandria shall, on the third Monday in May and November annually, set up in the court-house of the said coun elerk. ty of Fairfax, a list of all licensed ordinary keepers within the said town, for the information of the grand jury. Ordinary XIII. And be it further enacted, That all ordinary keepers within the said town of Alexandria shall be keepers in incapable of being elected or acting as judges of the court of hustings in the said town. Alexandria, incapable of acting as judges of court of hus tings. CHAP. XXVI. An act concerning wrecks. [Ch. LXVI in original.] [Chan. Rey. p. 161.] the sea and on intelli I. WHEREAS many vessels have been and may Preamble, hereafter be stranded on the sea coast, bay or river shores within this commonwealth, and the goods or other property belonging to such vessels may be embezzled and stolen, to the great injury of the owners: For remedy whereof, Be it enacted by the General As- Commissionsembly, That it shall be lawful for the governor, with ers of wrecks advice of council, and he is hereby required to appoint to be apand commission two discreet persons in each of the pointed on counties bordering on the sea or bay shores in this bay shores. state, whose business and duty it shall be, on the earliest intelligence, or on application to them made by Their duty or on behalf of any owner or commander of a ship or gence of a other vessel being in danger of being stranded, or be- vessel stran ing stranded, to command any constable or constables, ded or in to be appointed by them for that purpose, nearest the danger. coast where such ship or vessel shall be in danger, to summon as many men as shall be thought necessary to the assistance of such ship or vessel; and if there shall be any ship or vessel belonging to the state riding near the place, the commissioner or commissioners shall have power to demand of the commanding officer of such ship or vessel, assistance by their boats and such hands as they can conveniently spare; and if any commanding officer shall neglect to give such assistance, he shall forfeit one hundred pounds, to be recovered by the officer or owner of the ship in distress, with costs, in any court of record within this common have a reward; and may re. tained. Those who wealth. The commissioner or commissioners, and the assist in sav-commanding officer of any ship or vessels, and all oing a vessel Or cargo, to thers who shall assist in preserving any ship or other vessel in distress, or their cargoes, shall, within forty days, be paid a reasonable reward by the commander or owner of the ship or other vessel in distress, or by tain vessel the merchant whose vessel or goods shall be saved, or goods till and in default thereof the vessel or goods shall remain reward paid in the custody of the commissioner or commissioners or secured. until all charges be paid, or security given for that purpose, to the satisfaction of the parties. And in case Reward how the parties shall disagree touching the monies deserved to be ascer by the persons employed, it shall be lawful for the commander of such vessel saved, or the owner of the goods or merchant interested, to choose one indifferent person, and also for the commissioner or commissioners to nominate one other indifferent person, who shall adjust the quantum of the gratuities to be paid to the several persons, and such adjustment shall be biuding on all parties, and to be recoverable with costs in any court of record within this commonwealth, by action Proceeding on the case. If no person shall claim the goods saved, if the goods the commissioners or one of them shall take possession thereof, and cause a true description of the marks, numbers and kinds of such goods to be advertised four weeks in the Virginia gazette, and if no person shall claim the same within three months, public sale shall be made thereof, (but if perishable the goods shall be forthwith sold) and after charges deducted, the residue of the money, with an account of the whole, shall be. transmitted to the treasurer, who shall keep an account. of the same for the benefit of the owners, who upon proof of his property to the satisfaction of the auditors, Penalty on shall upon their warrant receive the same. If any perthose who son besides those empowered by the commissioners or without pow one of them, shall enter or endeavour to enter on board er from com- apy vessel in distress, without the leave of the commissioners. manding officer, or in case any person shall molest them in saving the vessel or goods, or shall endeavour to hinder the saving such vessel or goods, or shall deface the marks of any such goods before they be taken down in a book by the commissioners or one of them, every such person shall forfeit and pay the sum of ten pounds, to be recovered with costs by information in any court of record within this commonwealth, and saved be not claimed. intermeddle Or hinder those em ployed in sa ving the goods. Or deface the marks. force. tress and restored. distress. applied to the use of the owners of the vessel or goods as the case may be; and in case of failure to pay such forfeiture immediately, or giving security to pay the same within one month, he, she, or they shall receive ten lashes on his, her, or their bare back, by order of such court. It shall be lawful for any commanding Commission officer of a vessel in distress, or the commissioners, to ers may rerepel by force any persons as shall, without consent as pel force by aforesaid, press on board any vessel in distress, and thereby molest them in preserving the vessel or goods; Goods carand in case any goods shall be found upon any person ried from a that were stolen or carried off from any vessel in dis- vessel in distress, the person on whom such goods be found shall, found in any upon demand, deliver the same to the owner or com- person's pos missioners, or to such other person as shall be author- session to be ized by the commissioners or owner to receive such Penalty. goods, or shall be liable to pay treble the value, to be recovered with costs in any court of record. If any Death to person shall make, or be assisting in making a hole in make a hole any vessel in distress, or stealing any pump, materials in a vessel in or goods, or shall be aiding in stealing such pump, Or steal materials or goods from any vessel, or shall wilfully do pump, mateany thing tending to the immediate loss of such vessel, rials orgoods or do any such person shall be guilty of felony, and suffer death thing tende without benefit of clergy. Any commissioner by fraud ing to the or wilful neglect, abusing the trust reposed in him, shall loss of the upon conviction thereof, forfeit and pay treble damages Penalty on to the party aggrieved, to be recovered with costs by commissionaction on the case in any court of record, and shall er abusing thenceforth be incapable of acting as a commissioner. And on conAny constable, or person summoned by him, refusing stables and or neglecting to give the assistance required for the assistants for saving of any vessel or her cargo, shall forfeit and neglect. pay twenty-five shillings, to be recovered before any justice by the commissioners ordering the duty, and shall be moreover subject to the payment of the same damages, and to be recovered by the party aggrieved in the same manner, as in the case of a commissioner. The commissioners shall set up a copy of this act once in up in each every year in each of the court-houses of the counties court house. wherein they respectively reside. vessel. his trust; Act to be set bond and II. Provided always, and be it further enacted, That Commissionthe commissioners appointed by virtue of this act shall ers to give respectively give bond and security in the court of the curity. county where he resides, in the sum of one thousand pounds, for the due and faithful execution of his office, and that it shall not be lawful for such commissioner, or any of them, to enter upon the duties of his office before he gives bond and security as aforesaid. If vessel to. tally lost, III. And be it further eaacted, That where any vesgoods saved sel shall be stranded and totally lost, goods saved from to pay no the wreck shall not be liable to entry and duties; but if duty. If vessel cast any vessel be drove or cast on shore, and the damage on shore, & sustained on the goods does not appear to exceed ten the damage on the goods per centum in the judgment of the commissioners, such goods shall be duly entered with the naval officer nearthan ten per est the place where the case happened, according to eent goods law, not more to be enter ed and pay duty. [Ch. LXVII in original ] Estate of Samuel Gist, a British subject, vested in CHAP. XXVII. An act to vest the estate of Samuel I. WHEREAS application hath been made to this present general assembly by William Anderson and Mary his wife, for an act to pass, vesting the estate in this commonwealth belonging to Samuel Gist, a BriMary Ander- tish subject, in the said Mary his daughter and only daughter, & child, who is a native of and resident in this state; and it being judged expedient so to do; son, his only child. Retribution to be made to Parke II. Be it therefore enacted by the General Assembly, That all the estate both real and personal in this commonwealth belonging to the said Samuel Gist, shall be, and the same is hereby vested in the said Mary Anderson, her heirs and assigns for ever. III. And be it enacted, That retribution shall be made to Parke Goodall, gentleman, a citizen of this Goodall, state and presumptive heir to Richard Goodall, a Bri- · presumptive tish subject, in manner directed by the act of assembly ard Goodall, concerning escheats and forfeitures from British suba Britishsub- jects, for the amount of the sales of a tract of land ly heir to Rich. |