IN THE EIGHTH YEAR OF THE COMMONWEALTH. 13 1783. and unappropriated lands in the Western Country, a liberal Ceffion to the United States, of a portion of their respective claims for the common benefit of the Union. II. AND whereas this Commonwealth did, on the fecond day of January, in the year one thousand seven hundred and eighty-one, yield to the Congrefs of the United States, for the benefit of the faid States, all right, title, and claim, which the faid Commonwealth had to the territory North-west of the river Obio, fubject to the conditions annexed to the faid act of Ceffion. III. AND whereas the United States in Congrefs affembled, have, by their Aft of the thirteenth of September laft, ftipulated the terms on which they agree to accept the ceffion of this State, fhould the Legislature approve thereof, which terms, although they do not come fully up to the propofitions of this Commonwealth, are conceived on the whole, to approach fo nearly to them, as to induce this State to accept thereof, in full confidence that Congress will, in justice to this State for the liberal Ceffion fhe hath made, earnestly prefs upon the other States claiming large tracts of wafte and uncultivated territory, the propriety of making ceffions equally liberal for the common benefit and fupport of the Union: Be it enacted by the General Affembly, that it fhall and may be lawful for the Delegates empowered Delegates of this State to the Congrefs of the United States, or fuch of them to convey. as thall be affembled in Congrefs, and the faid Delegates, or fuch of them fo affembled, are hereby fully authorised and empowered, for and on behalf of this ftate, by proper deeds or inftrument in writing, under their hands and feals, to convey, transfer, affign, and make over unto the United States in Congrefs affembled, for the benefit of the faid States, all right, title, and claim, as well of foil as jurifdiction, which this Commonwealth hath to the territory or tract of country within the limits of the Virginia charter, fituate, lying, and being to the North-weft of the river Ohio, fubject to the terms and conditions contained in the before recited Act of Congrefs, of the thirteenth day of September laft, Conditions, that is to fay: Upon condition that the territory fo ceded fhall be laid out and formed into States, containing a fuitable extent of territory, not less than one hundred, nor more than one hundred and fifty miles fquare, or as near thereto as circumstances will admit; and that the ftates fo formed, fhall be diftinct Republican States, and admitted members of the Federal Union, having the fame rights of fovereignty, freedom, and independence, as the other States; that the neceffary and reasonable expenfes incurred by this State in fubduing any British pofts, or in maintaining forts or garrifons within and for the defence, or in acquiring any part of the territory fo ceded or relinquished, fhall be fully reimburfed by the United States; and that one Commiffioner fhall be appointed by Congress, one by this Commonwealth, and another by those two Commiffioners, who, or a majority of them fhall be authorised and empowered to adjust and liquidate the account of the neceffary and reasonable expenfes incurred by this State, which they fhall judge to be comprifed within the intent and meaning of the Act of Congrefs of the tenth of O.7ober, one thousand feven hundred and eighty, refpecting fuch expenfes. That the French and Canadian inhabitants, and other fettlers of the Kafkafkies, St. Vincents, and the neighbouring villages, who have profeffed themselves citizens of Virginia, fhall have their poffeffions and titles confirmed to them, and be protected in the enjoyment of their rights and liberties. That a quantity not exceeding one hundred and fifty thoufand Refervationss acres of land, promised by this State, fhall be allowed and granted to the then Colonel, now General George Rogers Clarke, and to the officers and foldiers of his regiment, who marched with him when the pofts of Kafkafkies and St. Vincents were reduced, and to the officers and foldiers that have been fince incorporated into the faid regiment, to be laid off in one tract, the length of which not to exceed double the breadth, in fuch place on the North-weft fide of the Obio as a majority of the officers fhall choose, and to be afterwards divided among the faid officers and foldiers in due proportion according to the laws of Virginia. That in cafe the quantity of good lands on the South-eaft fide of the Ohio, upon the waters of Cumberland river, and between the Green river and Tennessee river, which have been reserved by law for the Virginia troops upon Continental eftablishment, should, from the North-Carolina line bearing in further upon the Cumberland lands than was expected, prove infufficient for their legal bounties, the deficiency should be made up to the faid troops in good lands, to be laid off between the rivers Scioto and Little Miami, on the North-west fide of the river Ohio, in fuch proportions as have been engaged to them by the laws of Virginia. That all the lands within the territory fo ceded to the United States, and not All the lands ceded tå referved for or appropriated to any of the beforementioned purposes, or difpofed be a common rund for the members of the Faderal alliance, and for no other use. Three members at least to execute the truft, Exclufive right of print. ing their books vested In authors for a limited time. Penalty on perfons print. ing, importing, or publishing fuch books. Authors to register titles of their books with the of in bounties to the officers and foldiers of the American army, fhall be conf dered as a common fund for the use and benefit of fuch of the United States have become, or fhall become members of the Confederation or Foederal All ance of the faid States, Virginia inclufive, according to their ufual refpectiv proportions in the general charge and expenditure, and fhall be faithfully an bona fide difpofed of for that purpofe, and for no other ufe or purpose what ever. Provided, that the truft hereby repofed in the Delegates of this State fha not be executed unless three of them, at least, are prefent in Congrefs. General Affembly, begun and held at the Public Buildings, in th CHAP. VIII. An Act for fecuring to the Authors of Literary Works, an exclufive Property there for a limited Time.* [Paffed the 21ft of November, 1785.] I. E it enacted by the General Affembly, That the author of any book pamphlet already printed, being a citizen of any one of the Unit States, who has not transferred to any other perfon or perfons, the copy copies of fuch book, or pamphlet, share, or shares thereof, his heirs and affig or the perfon or perfons who have purchafed or acquired fuch copy or copi fhare or fhares, in order to print or re-print the fame, his heirs and affigns, th have the exclufive right of printing and re-printing fuch book or pamphl within this Commonwealth, for the term of twenty-one years, to be comput from the first publication thereof; and that the Author of any book or pamph already compofed and not printed or published, or that shall hereafter be con pofed, being a Citizen, as aforefaid, his heirs and affigns, fhall have the exclufi right of printing and re-printing fuch book or pamphlet, within this Co monwealth, for the like term of twenty-one years, to be computed from the f publication thereof. And if any perfon or perfons whatsoever, fhall print, 1 Print, or caufe to be printed or re-printed, within this Commonwealth, a fuch book or pamphlet; or fhall import into this Commonwealth, from a foreign Kingdom or State, any printed or re-printed copies of fuch book pamphlet, without the confent of the Author or Proprietor thereof, first o tained in writing, figned in prefence of two credible witneffes at leaft; or wh knowing the fame to be fo printed, re-printed, or imported, without fuch co fent firft had and obtained, fhall publish, fell, or expofe to fale, or cause to published, fold, or expofed to fale, any copy or copies of any fuch book pamphlet; the perfon or perfons offending herein, fall forfeit to the party i jured, double the value of all the copies fo printed, re-printed, or imported; to publifhed, fold, or expofed to fale; to be recovered at the fuit of fuch part in any Court of Record within this Commonwealth. II. PROVIDED nevertheless, That no perfon fhall be entitled to the bene of this Act, until he fhall have regiftered the title of fuch book or pamphlet wit the Clerk of the Council, and procured a certificate of fuch regiftry from the fa Clerk; which certificate the Clerk is hereby required to give, taking on three fhillings for his trouble. Preamble. How to be appointed and qualified. CHAP. IX. An AB for the appointment of Harbour-Mafters, and declaring their duty. [Paffed the 25th of November, 1785.] 7HEREAS it is reprefented that the appointment of Harbour-Mafte would tend to the prefervation of order and regularity in the fevera ports and harbours within this Commonwealth: II. BE it enacted, That the County and Corporation Courts within th State, fhall, and they are hereby authorifed and empowered, to appoint fo man perfons as they may think neceffary, to act as Harbour-Mafters within the • l'ide larni U, S. 1ft Cong. 2d fefs. chap. 7. 2d Cong. 2d fefs, chap. 55. Conftitution U. S. art. 1, fec. 8, 3. B. 6.159.–13. Eliny: C. 5. — Cowper. Wrongful Alienations. Vid : 29. 6. q. c. 3. Accondatver Etin a dicision in Coup: Rep. 22927. Soner Apaint & Defendant for goods delivered to another. Vid: also Exp. & where it is said that with respect to 10t Executors & Administrators there had bun no determination. In a bromise to answer for the debtdb. of another, where the undertaking in collateral so that an action might lie against is not 4 both, a note in l, a note where it is missary. p. 100. The undertaking the debt of another, for if one be jointly interested, a note in a absolutely due, otherwire Ote necessary . £ 6. . The debt should be absolutely would be original, original, unde note requirit. p.101. was given, for general, jury murt decide to whom the original credit was A gruments in com marry not within the statul... ma witness, sufficient signing. b.103_44th mentioning Lands 93. A. letter but not the terms, of sale, not a not to be performed within a year. intenti. 3.by Agrum. aufficient noh. Ph int must he to les agrument performed, positively, after the years for if it may be 4 cented with or refpeftive jurifdictions. And the perfon or perfons fo to be appointed, fhall, III. AND be it further enacted, That the Harbour-Mafters to be appointed Their powers. by virtue of this Act, fhall have full and ample power to caufe all fhips and other veffels that may come within his district, to moor in fuch places as he fhall judge moft conducive for the general fafety, and fhall moreover direct the Masters or Commanders of veffels to rig in their jib-booms, or any other fpars which may tend to obftruct the navigation. Any Mafter or Commander re- Penalty on mafter of a fufing to obferve and comply with the faid directions, fhall forfeit and pay the fum of fifteen pounds, to the use of the Commonwealth; and fhall moreover be tions. fubject for any damages that may accrue in confequence of fush refufal, to be recovered in any Court of Record within this Commonwealth. veffel refusing to comply with their direc IV. AND be it further enacted, That the Harbour-Mafter fhall caufe every Their duties. fhip or other veffel that may come within his diftrict, to be properly moored within twenty-four hours after their feveral arrivals. Any Harbour-Matters failing to give directions for the mooring of any veffels within the time prefcribed by this Act, fhall forfeit and pay fifteen pounds, for the ufe of the Commonwealth, to be recovered, by motion before the County or Corporation Court (as the cafe may be) on ten days previous notice, and fhall moreover be liable to the action of the party injured for any damages fuftained in confequence of fuch neglect. And the Harbour-Masters shall moreover attend to the unmooring of all fhips and other vessels within their respective districts; and in cafe any veffel moored, fhall, by stress of weather or other accident, be drove from her mooring, the Harbour-Mafter fhall attend to the re-mooring the fame, and be entitled to half fees for fuch fervice. V. AND be it further enacted, That the Harbour-Mafters fhall demand, and And feer. be entitled to receive from all Mafters or Commanders offquare-rigged veffels, the fum of ten fhillings, and for all schooners and floops, the fum of fix thillings, and no more: Provided nevertheless, That no Mafter or Commander of any river or bay craft, fhall be fubject to the payment of any fee by this Act imposed. VI. THIS A&t to commence and be in force from and after the first day Commencement of this of January, one thousand feven hundred and eighty-fix. CHAP. X. An Act to prevent Frauds and Perjuries. [Paffed the 30th of November, 1785.*] act. DE it enacted by the General Affembly, That no action fhall be brought Certain contracts, a Bwhereby to charge any Executor or Administrator upon any special pro- Certaints, & promifer, mife to answer any debt or damages out of his own eftate, or whereby to charge not binding, unless the defendant upon any special promise to answer for the debt, default, or mif- made in writing. carriage of another perfon, or to charge any perfon upon any agreement made upon confideration of marriage, or upon any contract for the fale of lands, tenements, or hereditaments, or the making any leafe thereof for a longer term than one year, or upon any agreement which is not to be performed within the space of one year from the making thereof, unless the promife or agreement upon which fuch action fhall be brought, or fome memorandum or note thereof shall be in writing, and figned by the party to be charged therewith, or fome other perfon by him thereunto lawfully authorised. II. ÉVERY gift, grant, or conveyance of lands, tenements, hereditaments, Conveyances of lands of goods or chattels, or of any rent, common, or profit out of the fame, by writing, goods, and bonds, fuits, or otherwife, and every bond, fuit, judgment or execution, had or made, and judgments, and execu contrived of malice, fraud, sovin, collufion, or guile, to the intent or purpofe tions to defraud credit. to delay, hinder, or defraud creditors of their just and lawful actions, fuits, ors, void as to them. debts, accounts, damages, penalties, or forfeitures, or to defraud or deceive thofe who thall purchafe the fame lands, tenements, or hereditaments, or any rent, profit, or commodity out of them, fhall be from henceforth deemed and taken (only as against the perion or perfons, his, her, or their heirs, fucceffors, exe1785, chap. 66. |