HENING'S STATUTES, VOLUME 5: 1738-1748

Nothing in index under Potomac. Other entries:

BRIDGES

There are laws regulating erection and maintenance of, but they do not seem relevant to the Potomac in this period.

FERRIES

Several acts regulating the establishment of ferries over the Potomac (and other) rivers:

November 1738-12th George II, Chap. XVI, pp. 66-67

An Act, for appointing several new Ferries; and discontinuing a former Ferry.

I. Be it enacted, by the Lt.-Gov., Council and Burgesses, of the present General Assembly, and it is hereby enacted, by the authority of the same, That public ferries be constantly kept at the places herein after names: And that the rates for passing the said ferries, be as follows:

On Potowmack river, from the plantation of Francis Awbrey, in the county of Prince William, over to Maryland; the price for a man seven pence half penny, and for an horse seven pence half penny. Also establishes ferries on the Rappahanock, James and Appamattox rivers (all within Va.); prices vary.

II. Courts in the counties where the ferries are kept have power to appoint proper boats to be kept at the said ferries; sets prices for ferrying carts, coaches, chariots etc.

III. Licenses for keeping ferries shall be obtained in the same manner (ie. from the county courts).

IV. Prices to ferry hogsheads.

No distinction between ferries within Va. and between Md./Va.(prices vary but probably because of the difficulty of crossing; James R. same cost as Potomac); this is true of all ferry laws.

May 1740-13th George II, Chap. IX, pp. 104-6

An Act, for appointing several new Ferries; and for altering the Days of holding Fairs in the town of Fredericksburg.

I. Be it enacted, that public ferries be constantly kept at the places herein after named; and that the rates, for passing the said ferries be as follows:

On Potowmack river, from the plantation of John Hereford, in Doeg's Neck, in the county of Prince William, over the river, to the lower side of Pamunky, in PG Co Md, price 1s each for man and horse. From Hunting creek warehouse, on the land of Hugh West, in Prince William Co, over the river, to Frazier's point, in Md., price same. Also establishes ferries on Va. rivers within the colony, prices vary.

Courts in cos. where ferries kept have power to appoint proper boats; sets prices for wheeled vehicles. County courts to grant licenses to ferry keepers.

II. Price for hogshead same as horse.

III. Sets prices for ferrying other animals.

May 1742-15th George II, Chap. XIX, pp. 189-91

An Act, for appointing several new ferries; and altering the name of a former ferry; and other purposes therein mentioned.

I. Ferries to be kept on Potomack river, from the land of Ebenezer Floyd, in Fairfax Co, across the river, to Powel's landing in Md. Also on rivers in Va.. Sets prices for man & horse, which vary, some in Va. are higher and some lower than Md.

II. County courts to appoint proper boats and license ferry keepers; sets cost of wheeled vehicles; no mention of hogsheads or other animals.

September 1744-18th George II, Chap. XVIII, pp. 249-51

An Act, for appointing several new Ferries.

Same provisions as 1742 act. Ferry on Potowmack is "from Evan Watkins's land, opposite to the mouth on Canagochego creek, to Edmund Wade's land, in Maryland."

February 1745-19th George II, Chap. XIII, pp. 364-65

An Act, for appointing several new ferries.

Same provisions as 1744 (location, price for man and horse, county courts have power to appoint proper boats and to license ferry keepers, sets price for wheeled vehicles).

Ferries on Potomack are "from the land of William Clifton, in Fairfax county, over the said river, to the land in the tenure of Thomas Wallis, in Prince George county, Maryland," and "From the land of Hugh West, in Fairfax county, over the said river, either to Frazier's or Addison's landings."

MILLS

This act does not refer to or regulate specific mills; it is a general law regarding mills. It suggests that the county courts oversaw the erection of mills rather than the Assembly.

February 1745-19th George II, Chap. XI, pp. 359-62

An Act, for amending an act, intituled, An act, for encouragement of building Water-Mills

The gist of this act is that when a person builds a mill on one side of a run on land which he owns, he can petition the county court (where the land he wants is located) to have one acre on the other side laid off and granted to him in fee simple, on paying down the value of the land as determined by the court. There is no mention of the Potomac.

Potential mill builders, even if they own the land on both sides, must first petition the county court for permission before erecting a mill.

OTHER RIVERS

February 1745-19th George II, Chap. XVIII, pp. 375-77

An Act, for the more effectual clearing of James and Appomattox Rivers

I. Whereas great numbers of the inhabitants of the counties of Goochland, Amelia, and Albemarle, do bring their tobacco down James and Appomotax rivers, for the more convenient transportation of the same, to the public warehouses; and it hath been questioned, whether, by the laws now in force, the justices of the county courts are sufficiently impowered to order the clearing the said rivers above the ebbing and flowing of the tide: Therefore, for settling that matter,

II. Be it enacted, by the Lieutenant-Governor, Council, and Burgesses of the present General Assembly, and it is hereby enacted, by the authority of the same, That from and after the passing of this act, it shall and may be lawful for the justices of the several county courts of Henrico, Prince George, Amelia, Goochland, and Albemarle, and they are hereby impowered, to order the clearing of the said rivers, where they are now or may hereafter be obstructed, by any trees or stumps, whether the same be above the ebbing and flowing of the tide or not; and to levy the charge thereof on the tithables of the county or counties, as the case may be, pursuant to the directions of an act, made in the eighth year of the reign of his late majesty king George the first, intituled, An act, for the more effectual clearing of rivers and creeks.

III. Unlawful for anyone to cut trees to fall in the said rivers where they are navigable.

IV. And whereas the making and raising of mill dams, and stone-stops, or hedges for catching of Fish, is a great obstruction to the navigation of the said rivers; any of these things already existing on said rivers are to be torn down, and no new ones erected.

V. Provided always, that where any mill-dam already exists, if the owners make a lock or passage through the same, so that boats or other vessels can pass safely, then the law doesn't apply.

VI. The counties mentioned can, if they think necessary, appoint surveyors to clear the said rivers and view any locks and report on same to the court.

VII. Locks deemed insufficient by the surveyors and then inspected by four members of the county court will be pulled down unless made acceptable.

VIII. This act to continue in force four years.

WAREHOUSES

There are several laws regulating them.

November 1738-12th George II, Chap. I, pp. 9-16.

An Act for further continuing and amending the Act, For amending the Staple of Tobacco; and for preventing frauds in his Majesty's Customs.

Art. XIII, pp. 14-15, concerns tobacco inspection warehouses. It sets the rents at warehouses already established-it lists them by name but does not indicate where they are located. It also creates new warehouses, none on the Potomac.

May 1742-15th George II, Chap. I, pp. 124-60

An Act, for reducing the Laws made, for amending the Staple of Tobacco; and for preventing frauds in his Majesty's Customs, into one act of Assembly.

Art. XXXV (pp. 141-43), states where tobacco inspection warehouses are to be kept, including (p. 143) one in Fairfax County, "on the land of the Honourable Thomas Lee, Esquire, at the Falls of Patowmack," and in Stafford Co., "on Patowmack Creek, upon Cave's land."

Art. XXXVIII (pp. 146-47) concerns funds needed to keep the warehouses in repair and for building, keeping and repairing wharves as necessary. It doesn't authorize building wharves, it just assumes they will be built where necessary.

Art. XLII (pp. 149-50) the justices of the peace of the several counties, in their county courts, shall, and are hereby declared, to have full power, to put in execution, as much of this act, as relates to the erecting and building of public warehouses; and to regulate all matters concerning the same, and to direct the building and repairing of such houses, wharfs, prizes, cranes, and other conveniencies, from time to time, as to them shall seem necessary and expedient.

September 1744-18th George II, chap. VII, pp. 232-36

An Act, to continue and amend an Act, intituled, an Act, for reducing the laws made, for amending the staple of Tobacco; and for preventing frauds in his majesty's customs, into one act of Assembly.

Sets rates at warehouses, which are named but locations not specified. Also discontinues some warehouses and establishes others; none on Potomac.

February 1745-19th George II, Chap. V, pp. 324-26

An Act, for further amending an Act, intituled, An Act, for reducing the Laws made for amending the Staple of Tobacco; and for preventing frauds in his majesty's customs into one Act of Assembly.

Amends earlier act mainly re. rules for inspection of tobacco. It also creates new warehouses and discontinue others; none on Potomac.