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and ample manner as the county courts by law can or Proviso as to X. Provided always, and be it further enacted, That wills and

no will shall be admitted to proof or record in the said deeds, in court, nor shall the said court grant administration, Fredericks- unless the testator or intestate, as the case may be, was burg.

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 hustings may

the limits as aforesaid. The said court shall have powappoint at- er to appoint a person skilled in the law to prosecute torney for

therein for the commonwealth, and to allow him a reawealth.

sonable 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 payOrdinary

ing any part of the salary of the attorney for the comkeeper in

monwealth in the court of the said county of SpotsylRichmond, vania. incapable of

XI. And be it further enacted, That no ordinary serving as mayor, re

keeper in the city of Richmond shall be capable of corder, al. serving as mayor, recorder, alderman or common coundermen, or cil-man for the said city.

XII. And be it further enacted, That the court of council-man.

Court of bustings 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 to bave exclusive pow. restraining tippling-houses, in the same manner and er of licens. under the like rules and regulations as are prescribed ing taverns. for the justices of any county court within this com

monwealth, 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 per

son for retailing liquors without license. That the Duty of clerk of the court of hustings in the said town of Alexslerk,

andria shall, on the third Monday in May and November annually, set up in the court-house of the said coun

common

ty of Fairfax, a list of all licensed ordinary keepers within the said town, for the information of the grand jury.

XIII. And be it further enacted, That all ordinary Ordinary keepers within the said town of Alexandria shall be keepers in incapable of being elected or acting as judges of the

Alexandria,

incapable of court of hustings in the said town.

acting as judges of court of bus tings.

CHAP. XXVI.

[Ch. LXVI

in original.] An act concerning wrecks. (Chan. Rey.

p. 161.) 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 Commission sembly, 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

on intelli. 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

gence of a

1

Those who wealth. The commissioner or commissioners, and the ing a vessel commanding officer of any ship or vessels

, and all oor cargo, to thers who shall assist in preserving any ship or other have a re.

vessel in distress, or their cargoes, shall, within forty ward; days, be paid a reasonable reward by the commander

or owner of the ship or other vessel in distress, or by
and may re:
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 comtained

mander of such vessel saved, or the owner of the goods
or mercbant interested, to choose one indifferent per-
son, and also for the commissioner or commissioners
to nominate one other indifferent personi, who shall ad-
just the quantum of the gratuities to be paid to the se.
veral 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 saved be not thereof, and cause a true description of the marks, numclaimed.

bers and kinds of such goods to be advertised foar
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.
those who

son besides those empowered by the commissioners or intermeddle 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 conmissioners. manding officer, or in case any person shall molest those em them in saving the vessel or goods, or shall endeavour ployed in sa-to hinder the saving such vessel or goods, or shall deving the

face the marks of any such goods before they be taken goods.

down in a bock by the commissioners or one of them,
Or deface
the marks. 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

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If any per

If any

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

force. 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 pose missioners, or to such other person as shall be author- session to be

restored. 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.

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 vesselin 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 or goods such person shall be guilty of felony, and suffer death

thing tend. 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 coyrt 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 jus.. tice by the commissioners ordering the duty, and shall

be moreover subject to the payınent of the same damages, and to be recovered by the party aggrieved in the same manner, as in the case of a commissioner. The

Act to be set 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.

JI. Provided always, and be it further enacted, That Commissionthe commissioners appointed by virtue of this act shall bond and me respectively give bond and security in the court of the curity. county where he resides, in the sum of one thousand

or do any

or

pounds, for the due and faithful execution of his office, and that it shall not be lawful for such commissioner,

any of them, to enter upon the duties of his office • If vessel to. before he gives bond and security as aforesaid. 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 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 sent goods law. to be enter

not more

ed and pay

duty.

(Ch. LXVII in original)

CHAP. XXVII.

son, his

An act to vest the estate of Samuel

Gist, in Mary the wife of William
Anderson, and her heirs and assigns,

and for other purposes. Estate of

I. WHEREAS application hath been made to this Samuel Gist, a British present general assembly by William Anderson and sibject, Mary his wife, for an act to pass, vesting the estate in vested 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 only child. it being judged expedient so to do;

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 Ander

son, her heirs and assigns for ever. Retribution

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 Bripresump!ive tish subject, in manner directed by the act of assembly ard Goodall,

concerning escheats and forfeitures froin British sub* Britishxub-jects, for the amount of the sales of a tract of land lya

to be made to Parke

heir to Rich.

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