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An act for the safe keeping of prisoners committed under the authority of the United States, into any of the jails of this Commonwealth.

(Passed the 12th of November, 1789.)

ers committed

SECT. 1. BE it enacted by the General Assembly, That Jailors to reit shall be the duty of the keeper of the jail in every dis- ceive prisonstrict, county or corporation within this Commonwealth, under the auto receive into his custody any prisoner or prisoners, who thority of the may be from time to time committed to his charge, under United States. the authority of the United States, and to safe keep every such prisoner. or prisoners according to the warrant or precept of commitment, until he shall be discharged by the due course of the laws of the United States.


SECT. 2. And be it further enacted, That the keeper Penalties for of every jail aforesaid, shall be subject to the same pains neglect of and penalties for any neglect or failure of duty herein, as he would be subject to, by the laws of this Commonwealth, for a like neglect or failure, in the case of a prisoner committed under the authority of the said laws.

use of the

SECT. 3. Provided always, That the United States United States do pay or cause to be paid for the use and keeping of such to pay for the jails, at the rate of fifty cents per month, for each pri- jails, soner, that shall under their authority be committed thereto, during the time such prisoner shall be therein and to support confined, and moreover, do support such of the said pri- prisoners soners, as shall be committed for offences.

committed for offences.


An act authorising the Governor of this Commonwealth, to convey certain land to the United States, for the purpose of building a


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SECT. 1. BE it enacted by the General Assembly, That Governor to it shall and may be lawful for the governor of this Com- convey land at monwealth, and he is hereby fully authorised, for and in Cape Henry to behalf of this Commonwealth, by proper deeds and in

United States.

tions; United

States to build

pair and re

struments in writing, under his hand and the seal of this Commonwealth, to convey, transfer, assign and make over unto the United States in Congress assembled, for the use of the said United States, all interest in, and right and title to, as well all the jurisdiction which this Commonwealth possesses, over so much of the public lands, not exceeding two acres, situate, lying and being in the county of Princess-Anne, at a place commonly called the head land of Cape Henry, as shall be sufficient to erect a Subject to light-house, subject to the terms and conditions following; certain condi- that is to say, that a light-house shall be erected upon the said land, and that all charges and expences of buildthereon a ing, and rebuilding, when necessary, and keeping in good light-house, to repair, the said light-house, together with the salaries, support, rewages or hire of the person or persons appointed by the build it when President of the United States for the superintendance and care of the same, and all the necessary supplies, with which a light-house ought to be furnished, shall be defrayed out of the treasury of the United States:-If a light-house shall not be erected within the space of seven years, after the cession of the said two acres of land, by this Commonwealth to the United States in Congress assembled, or if at any time thereafter, the said lightor rendered house shall be suffered to fall into decay, or be rendered useless for the useless, as to the purposes for which it is to be erected, same period, and so continue for the aforesaid period of seven years, then and in those cases, the property in the soil and jurisdiction, over the territory hereby directed to be vested in the land to re- the United States in Congress assembled, shall revert to this Commonwealth, and be considered as the property, and subject to the jurisdiction of the same, in like manner, as if this act had never been made:


If not built within 7 years,

vert to the



Right of the

state to certain materials ly ing thereon,

SECT. 2. Provided, That nothing in this act contained, shall be construed to affect the right of this state to any materials heretofore placed at or near Cape Henry, for the purpose of erecting a light-house; and that the citiand of its citizens of this Commonwealth shall not, in consequence of zens to fish on this cession, be debarred from the privileges they now thereof not to enjoy of hauling their seines and fishing on the shores of the said land so ceded by this act to the United States, for the purpose of building a light-house.

the shores

be affected.


An act to amend an act, intituled "An act for discouraging extensive credits, and repealing the act prescribing the method of proving book debts."

(Passed the 19th of November, 1789.)

officio of the


BE it enacted by the General Assembly, That the third Courts and jusection of the act, intituled "An act for discouraging ries not to extensive credits, and repealing the act prescribing the take notice ex method of proving book debts," which directs courts and act for disjuries ex officio to take notice thereof, and determine ac- couraging ex cordingly, although the defendants shall not have pleaded tensive creit, in the same manner as if it had been specially pleaded, shall be and is hereby repealed; and that wheresoever in the said recited act the term of six months is men- The term of tioned, the same shall be extended to one year. So much six months to of the said recited act, as comes within the purview of be extended this act, is hereby repealed.

to one year.


An act providing remedy and punishment in cases of forcible entries and detainers.

(Passed the 19th of November, 1789.)

tenements to

SECT. 1. BE it enacted by the General Assembly, That No lands or none shall make any entry into any lands and tenements, te entered or or other possessions whatsoever, but in case where entry holden with is given by the law; and in such case, not with strong force, hand, nor with multitude of people, but only in a peaceable and easy manner, and that none who shall have entered into the same in a peaceable manner, shall hold the same afterwards with force; and if any shall do to

the contrary, on complaint thereof to any justices or jus- on complaint tice of the peace, such justices or justice shall take suffi- thereof to a cient power of the county, and go to the place where justice,

such force is made; and all the people of the county, as

well the sheriff as others, shall be attendant upon

the same

offenders to

be arrested:

all people of

the county to attend on pain of imprison

ment and amercement.

Justice to inquire by jury of the force,

justices, to go and assist them to arrest such offenders, upon pain of imprisonment and amercement at the discretion of a jury.

SECT. 2. And moreover though such persons making such entries be present or else departed, before the coming of the said justices or justice, notwithstanding, the said justices or justice in some convenient place, according to their discretion, shall have authority and power to enquire by the people of the same county, as well of them that make such forcible entries in lands and tenements, as of them who hold the same with force; and if it be found before any of them, that any doth contrary to this act, then the said justices or justice shall cause to be re-seiz- to be re-seized, or to be repossessed, the lands and teneed, the lands ments so entered or holden as afore, and shall put the party so put out, in full possession thereof.

and to cause

so entered or holden.

To issue precept to the

SECT. 3 And also when the said justice or justices make such enquiries as before, he or they shall make their warrants and precepts, to be directed to the sheriff sheriff to sum- of the same county, commanding him on behalf of the mon a jury. Commonwealth, to cause to come before him or them, fit persons to enquire of such entries; and if any sheriff be slack, and make not execution duly of the said precepts to him directed, to make such enquiries, he shall Penalty on forfeit twenty-five pounds, recoverable before any court him for failing of record, as well by indictment or information, to be to execute it; taken only for the Commonwealth, as by bill at the suit of the party grieved, as well for himself as for the Commonwealth, in which case one moiety of the said twentyand how to be five pounds, shall be to the Commonwealth, and the applied. other moiety, together with his costs and expences, shall be to the party suing.

how recover


Mayors, aldermen and serjeants to have the same power as justices and sheriffs.

Restitution not to be

made if the

SECT. 4. And moreover mayors, aldermen, and serjeants of cities and boroughs, shall have in the said cities and boroughs like power to remove such entries, and in other articles aforesaid, arising within the same, as the justices of peace and sheriffs in counties respectively have.

SECT. 5. But no restitution upon any indictment of forcible entry, or holding with force, shall be made to any, if the party indicted hath had the occupation, or party indicted hath been in quiet possession by the space of three whole years together, next before the day of such indictment so found, and his estate therein be not ended or determined; which the party indicted may alledge for stay of

hath had three

years possession,


restitution, and restitution shall stay until that be tried, to be stayed if the other will deny or traverse the same; and if the until that be same allegation be tried against the party so indicted, then the same party so indicted, shall pay such costs and Party indicted damages to the other party, as shall be assessed by the to pay costs judges or justices before whom the same shall be tried. and damages

if it be found

against him.


An act against forcible and stolen Marriages.

(Passed the 19th of November, 1789.)

SECT. 1. WHEREAS women, as well maidens, as wi- Preamble. dows and wives, having substances, some in goods moveable, and some in lands and tenements, and some being heirs apparent unto their ancestors, for the lucre of such substances, have been oftentimes taken by misdoers, contrary to their will, and afterwards married to such misdoers, or to others by their consent, or defiled.

woman so ta

Be it enacted by the General Assembly, That whatso- Felony to take ever person or persons, shall take any woman so against or abet any in her will unlawfully, that is to say maid, widow or wife, woman against taking any such taking, and the procuring and abetting to the same, her will, or and also receiving wittingly the same woman so taken to receive any against her will, shall be felony: and that such misdoers, ken. takers and procurers to the same, and receivers knowing the said offence in form aforesaid, shall be reputed and Not to affect judged as principal felons. Provided always, that this those who act shall not extend to any person taking any woman, wards or only claiming her as his ward or bondwoman.

take their


any unmarri

SECT. 2. If any person above the age of fourteen Any person years, shall unlawfully take or convey away or shall above fourcause to be unlawfully taken or conveyed away, any teen taking maiden or woman child unmarried, being within the age ed woman of sixteen years, out of or from the possession and child from her against the will of the father or mother of such maiden parents or guardians or woman child, or out of or from the possession and against the will of such person or persons, as then shall will, happen to have, or by any lawful ways or means, the order, keeping, education or governance of any such to be imprimaiden, or woman child, and being thereof duly con- soned for a victed, shall suffer imprisonment without bail or main- term not ex

against their

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