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than those indicated by this act, then in either of those cases, the
jurisdiction over the same shall revert to and revest in this com-
monwealth Provided, always, That nothing in this act contained, Privilege of citi-
or in the deed of cession to be made in pursuance thereof, shall be
construed to deprive the citizens of this commonwealth of the privi-
lege they now enjoy of hauling their seines on the shores of the
lands to be ceded in pursuance of this act.

zens to haul seines
reserved.

3. This act shall be in force from the passage thereof.

CHAP. 11.-An ACT to settle the western limits of this state, and the dividing
and boundary line between this state and the commonwealth of Maryland.*

(Passed February 28th, 1822.)

Commencement.

com

duties.

1. Be it enacted by the general assembly of Virginia, That the Executive to apgovernor, by and with the advice and consent of the council, be, pontoners. and he is hereby authorized to appoint three commissioners on the part of this state to meet such commissioners as may be appointed Their powers and for the same purpose by the commonwealth of Maryland, to settle and adjust, by mutual compact between the two governments, the western limits of this state and the dividing and boundary line between this state and the commonwealth of Maryland: to commence Boundary line, at Fairfax's stone on the head waters of the north branch of the Potomac river, and to run a due north course to intersect the line run. between this state and the state of Pennsylvania; and the commis- Report to general assembly. sioners appointed as aforesaid, are required to report their proceedings in virtue of their appointment and authority, to the general assembly of this state, at the session next after the same shall have been concluded, for confirmation or rejection.

where to com. mence and how to

This act was passed in conformity to an act of Maryland, passed February 19th, 1819. Laws of Maryland, December session, 1818, ch. 206. Herman Boye, Thompson F. Mason, and Hierome L. Opie, commissioners on the part of Virginia. Acts 1821-2, ch. 14, pp. 15-17; appointed by executive, 1824; governor's message, 29th November, 1824; journal house of delegates, 1824-5, p. 8. Had a meeting with E. F. Chambers and James Boyle, two of the commissioners on the part of Maryland; see correspondence of commissioners, ibid. pp. 53-56. Resolutions of Maryland, proposing appointment of new commissioners and an umpire, communicated to legislature by governor, 1826; governor's message, journal, 1826-7, p. 8; documents, pp. 9, 10. Resolutions of Virginia, acts 1831-2, p. 308, postea. ch. 12.

Provision in favour

of

persons holding lands by grants

wealth of

this state.

2. And whereas sundry citizens of this state may hold lands in virtue of patents, granted by the commonwealth of Maryland before the divisional line shall have been settled and adjusted between the from commontwo states; and as it is proper that all inhabitants on either side of land, which shall the boundary line, so to be settled and adjusted, who shall have ob- be found to be in tained patents for their lands in Virginia or Maryland, should have their titles confirmed in whichever state they may happen to fall: Be it therefore enacted, That any person or persons holding lands within the limits of this state, which shall have been granted and patented by Maryland before the settlement and adjustment of the said divisional line, and which, before the running and settling the divisional line aforesaid, shall have been considered as lying within the limits of Maryland, and subject to the jurisdiction thereof, but which by the settlement and adjustment of the said divisional line, shall be found to lie within this state, shall be at liberty to take out and receive patents from the land office of this state. And after the confirmation of the settlement and adjustment of the said divisional line as aforesaid, the register of the land office is hereby em

Register to issue new grants for such lands;

powered and directed, on application of any of the above described landholders, upon their producing their Maryland patents, or authenticated copies thereof, which shall be lodged in the land office, to grant a patent or patents for the lands expressed in such original grant or grants; and the person or persons thus receiving patents in exchange, shall not be liable to pay any fee or charge, save only Prior title to have the common fees of office: Provided, nevertheless, and be it enacted, That in all cases the prior title acquired by any person or persons, in and to any such lands under any grant or patent, whether granted by Maryland or Virginia, or by or under either of them, shall prevail and have the preference.

preference, whether granted by Maryland or Virginia.

Such grants not to

3. And be it enacted, That no grant as aforesaid shall extend or affect rights under be deemed, construed or taken, to extend to the right of any granprior grants from this commonwealth.

tee or grantees, and those claiming under them, to any lands, tenements, or hereditaments, which are situated, lying or being within this state, which have been at any time, and in any manner heretofore granted, by or under the authority of this commonwealth; any thing herein before contained to the contrary thereof notwithstanding.

And on what terms.

Compensation allowed commis

sioners.

attend them.

4. And be it enacted, That the commissioners appointed as aforesaid shall receive four dollars per day, while employed in setSurveyor, &c., to tling and adjusting the aforesaid divisional line; and they are hereby authorized to employ a surveyor, two chain-carriers, and one or more persons to mark the said line. And it shall be the duty of the said commissioners to ascertain the number of days the surveyor shall be so employed, and certify the same to the auditor of public accounts, who shall thereupon issue a warrant in favour of such surveyor for four dollars per day for his services: the said commissioners shall also certify to the auditor of public accounts the names of the chain-carriers and markers employed, the number of days each has been so employed, and such daily allowance as to them may seem just; whereupon the auditor of public accounts, upon application, shall issue warrants in favour of such chain-carriers and markers.

Compensation to

surveyor, chain

carriers and markers.

Expenses how payable.

Commencement.

5. Be it further enacted, That all expenses to be incurred in running and settling the aforesaid divisional line shall be paid out of any money in the treasury of this commonwealth not otherwise appropriated.

6. This act shall be in force from and after the passage thereof.

CHAP. 12.-Resolution requesting the governor to obtain certain documents and
testimony, relating to the boundary of the states of Maryland and Virginia.*
(Agreed to by both houses, March 20th, 1832.)

Governor to procure testimony relating to boundary between

Resolved by the general assembly of Virginia, That the governor of this commonwealth be, and he is hereby requested, to procure and file in the executive department, as soon as practicable, an state of Maryland authenticated copy of the record of a decision made some time an

and

terior to the American revolution, before his majesty George II. late king of Great Britain, France and Ireland, in a case which was brought before his majesty in council by the late proprietor of the Northern Neck of Virginia, and the late proprietor of the Western Domain of Maryland, in a dispute and controversy touching the limits and boundaries of the several letters patent granted by their

*Acts 1831-2, resolution no. 4, p. 308. lid. ante, ch. 11.

point commission

er.

late majesties king Charles II. and king James II. for lands lying on both sides of the river Quiriough, or Potowmac; and also authenticated copies of such other papers as he shall think necessary. and proper to ascertain and adjust the dividing line between this commonwealth and the state of Maryland. It shall also be the duty Governor to apof the governor to appoint and commission a commissioner or commissioners, as shall be necessary and proper, to convene, and take affidavits of such persons as may be able to testify to any facts or circumstances in relation to the settlement and adjustment of the western boundary of Maryland, which in his opinion ought to be perpetuated; and the affidavits when taken, shall be sealed up and Affidavits to be transmitted to the governor, and filed by him, and preserved in the filed in executive executive department.

department.

CHAP. 13.-An ACT to amend an act, declaring who shall be deemed citizens of this commonwealth, and pointing out the mode by which the right of citizenship may be acquired or relinquished.*

(Passed January 6th, 1826.)

1. Be it enacted by the general assembly, That the fourth sec- The fourth soction of the act of the general assembly, entitled, "an act declaring tion of act of December 250, 1792, who shall be deemed citizens of this commonwealth, and pointing repealed. out the mode by which the right of citizenship may be acquired or relinquished," passed December the twenty-third, seventeen hundred and ninety-two, shall be and the same is hereby repealed.

2. This act shall commence and be in force from the passing Commencement. thereof.

CHAP. 14.-An ACT to require all annual reports to be made to the legislature on the first day of the session, and for other purposes.t

(Passed February 15th, 1823.)

Whereas it appears to the general assembly, that the transaction Preamble. of the public business would be greatly expedited by the reception, at the commencement of each session, of all the reports which are now required by law to be annually made to the legislature:

as to annual re

1. Be it enacted, That all the functionaries and agents of the General provision government, who are now required by law to make annual reports ports to general to the legislature, shall hereafter make the same on the first day of assembly. each session: Provided, nevertheless, That the president and direc- Exception as to tors of the literary fund, and the board of public works, shall make rectors of literary their respective annual reports on or before the fifteenth day of each fund, and board of session.

president and di

public works.

of

2. And be it further enacted, That the rector and visitors of the Rector and visitors university of Virginia, shall hereafter make their annual report, to when to report. the president and directors of the literary fund, on or before the first Monday in December in each year, to be laid before the general assembly at the commencement of each session. (a)

4. This act shall commence and be in force from and after the Commencement. passing thereof.

*Acts 1825-6, ch. 5, p. 8.
+ Acts 1822-3, ch. 10, p. 12.

See 1st Rev. Code 1819, ch. 23, § 4, p. 66.

(a) Section 3d omitted here and inserted under the title UNIVERSITY, relating entirely to that subject.

CHAP. 15.-An ACT fixing the term of office of certain public officers, and for
other purposes."
*

(Passed April 13th, 1831.)

1. Be it enacted by the general assembly, That the auditor of public accounts, second auditor, register of the land office, public printer, superintendent of the penitentiary, and general agent and storekeeper of the penitentiary, hereafter to be appointed, shall hold their offices for the term of one year, commencing on the second day of January, and ending on the first day of January, in each year and may continue in office without re-election until a successor shall be appointed and have qualified according to this act. Within what time And each of the officers aforesaid, within twenty days from the day bond to be execu- of his election, shall give the bond now required by law with sureties to be approved by the executive of this commonwealth, the condition of which bond shall express the term of service of each Responsibility of officer according to the provisions of this act; and the sureties shall be responsible for his official conduct so long as said officer shall continue in office under such appointment, and neither of the aforesaid officers shall be capable of acting until he shall have given bond and taken the oaths required by law.

ted.

sureties.

2. This act shall be in force from its passage.

Term of office of certain public offi

cers.

Commencement.

Commencement.

CHAP. 16. An ACT concerning the directors of the literary fund, and the board of public works.t

[Passed February 19th, 1820.]

Provision where the president of the court of appeals cannot attend the board of

the literary fund. duty of the senior judge of said court capable of attending, to act

as a director thereof in lieu of the said president.

Repealing clause.

1. Be it enacted by the general assembly, That whenever, from any cause, the president of the court of appeals shall be unable to attend the board of directors of the literary fund, it shall be the

3. All acts and parts of acts coming within the purview of this act, shall be and the same are hereby repealed.

4. This act shall commence and be in force from and after the passing thereof.

CHAP. 17.—An ACT concerning the university of Virginia.‡
[Passed February 24th, 1821.]

5. Be it further enacted, That whenever the annual income of the literary fund shall exceed sixty thousand dollars, the surplus above that sum, until such surplus shall amount to twenty thousand dollars, shall be appropriated, and the same is hereby appropriated to the endowment of such colleges, academies, or intermediate schools, within this commonwealth, as the general assembly may hereafter designate as fit institutions for such endowment.

*Acts 1830-31, ch. 63, p. 132.

† Acts 1819-20, ch. 12, p. 13. Second section omitted, and inserted elsewhere, it relating entirely to the board of public works. Constitution of board changed, vid. post. ch. 18, § 1, 2, ch. 19, § 1, ch. 28, § 13, 14.

Acts 1820-21, ch. 11, § 5, p. 16. the title UNIVERSITY.

Post. ch. 30. Remainder of this act under

CHAP. 18.-An ACT concerning the literary fund.*

(Passed March 24, 1821.)

lieuten

of council.

1. Be it enacted by the general assembly, That the president and Board to consist of directors of the literary fund, shall hereafter be composed of the ant governor, and following members, instead of those heretofore appointed by law, next senior memthat is to say the governor of the commonwealth, the lieutenant governor, and the next senior member of the privy council, for the time being. In the absence of the governor, the lieutenant governor shall preside at the board. (a) ·

lowed them.

2. The president and directors aforesaid, shall receive out of the Compensation alrevenue of the literary fund, as a compensation for their services, the sum of one thousand dollars annually, to be divided among the members, in proportion to the time they shall respectively attend the board, which shall be ascertained by their journal, and certified by their accountant. The said annual compensation shall be paid How payable. to them quarter-yearly, on the days on which they respectively receive their salaries as governor and councillors.

to the fund, to be

3. Be it further enacted, That all monies accruing for the benefit Monies accruing of the literary fund, whether on account of fines, forfeitures and paid into public escheats, or on account of dividends or interest upon stock, or on treasury, and kept by treasurer. account of interest upon money loaned, or on any other account, shall be paid into the public treasury, and shall be kept by the treasurer of the commonwealth, ex-officio, in the same manner that other public monies are kept by him; except only, that there shall be a Account thereof, how to be kept. separate account raised therefor, in the name and for the benefit of the literary fund; and that, when such monies shall be deposited in Deposits in bank. bank, they shall be placed to the credit of the treasurer as such, for the benefit of the literary fund, and only to be checked or drawn for in his official capacity as such treasurer.(b)

treasurer and his

4. The treasurer and his securities shall be accountable for the Responsibility of monies so paid into the treasury, and may be proceeded against for sureties. a misapplication thereof, in the same manner as for other public monies.

able.

&c. failing to ac

5. Dividends and interest upon stock belonging to the literary Dividends, &c. fund, interest on its monies loaned, and all other profits of its pro- fund, how paybelonging to the perty, together with all monies due upon any contract, express or implied, with the president and directors, shall be paid into the treasury, upon warrants from the auditor, founded on the orders of the board, duly certified by the accountant, and countersigned by the president, or in his absence, by some other member of the board; and if any person, body politic or corporate, being indebted to the Corporate bodies, literary fund, for interest on money loaned, or for dividends on stock, count and pay, or for other profits of its property, or upon any contract, express or when and how to be proceeded implied, with the president and directors of the literary fund, shall against. fail to account with the said president and directors for the sum due, and to pay the same into the treasury, pursuant to the directions of this act, within thirty days after it shall become due, it shall be lawful for the said president and directors, by motion in the general court, on ten days previous notice, to recover the principal sum, with interest from the time when due, till paid, and costs.

Acts 1820-21, ch. 10, pp. 12-15.

(a) Amended, vid. acts 1821-2, ch. 12, p. 13, § 1, postea. ch. 19, § 1. Board re-modelled, postea. ch. 28, § 13, 14.

(b) See postca. ch. 19, § 2. Acts 1821-2, ch. 12, p. 13, § 2.

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