HENING'S STATUTES, VOLUME 6: 1748-1755

Nothing in index under Potomac; other entries:

BRIDGES

Several acts for the erection and maintenance of bridges, but again they do not concern the Potomac and do not seem relevant.

CAPE HENRY

Lighthouse to be erected at. This is not really relevant, but noted to demonstrate the Assembly regulated erection of lighthouses.

February 1752-25th George II, Chap. IV, pp. 227-29.

An Act for erecting a Light-House at Cape-Henry.

FERRIES

Several laws regulating.

October 1748-22d George II, Chap. XVI, pp. 13-23

An Act for the Settlement and Regulation of ferries, and for Dispatch of Public Expresses.

I. Ferries are to be constantly kept at the places hereafter named at the rates specified: There are 15 ferries listed over the Potomac; one goes from George Mason's plantation across to Rock Creek; I can't tell the location of all of them but at least one is above the falls, "from Evan Watkin's landing, opposite to Canagochego creek," and two below, "from Tripplit's land below the mouth of Quantico-creek, over to Brooks's land" and "from Robert Lovell's in the county of Westmoreland, over to Maryland."

Other articles similar to earlier laws, and there are new ones concerning public messages, the militia on muster day, and the adjutant general of the militia, all are to be carried free.

Law also stipulates (this is the first time this has been included) that "where a ferry is by this act appointed on one side of a river or creek, and none on the other side answerable thereto, it shall be lawful for the respective county courts, to appoint an opposite ferry." It makes no reference specifically to the Potomac, but since there was no Va. county court on the other side, presumably it did not apply to that river.

February 1752-25th George II, Chap. XXXVIII, pp. 288-90

An Act for building a Bridge over Pagan Creek; and for appointing several new Ferries.

Art. III establishes new ferries; none on Potomac.

February 1752-25th George II, Chap. XLIII, p. 296

An Act for allowing a free ferry to be kept at Port Royal.

November 1753-27th George II, Chap. XIII, pp. 375-76

An Act for appointing several new Ferries.

Several new ferries established, including one on Patowmack, "from the land now in possession of John Posey, in the county of Fairfax, across the said river to the land of Thomas Marshall in Maryland." Doesn't say anything about establishing opposite ferries.

August 1754-28th George II, Chap. 1, pp. 425-27

An Act to impower Thomas Dansie to receive ferriages for transporting passengers to and from the causeway opposite to his land, and for other purposes therein mentioned.

Not on Potomac, noted because it is a law regulating ferries.

May 1755-28th George II, Chap. XII, pp. 494-96

An Act for appointing several new ferries.

Establishes and sets rates for several new ferries, including one "from the land of Thomas Swearingen, in the county of Frederick, over Patomack river, to the land opposite thereto in the province of Maryland." Nothing about creating opposite ferries.

MILLS

These are general laws that do no refer to specific mills or specific rivers.

October 1748-22d George II, Chap. XXVI, pp. 55-60

An Act concerning Water Mills.

Similar to act of Feb. 1745 above; also includes sections re. measure and fees for grinding grain. No mention of mills on Potomac.

Ibid., Chap. XXVIII, pp. 64-69

An Act concerning Highways, Mill Dams, and Bridges.

This act gives the county courts authority over the erection and maintenance of roads, bridges and dams; when the cross county lines the courts are to co-operate. No mention of or provision for any bridges or mills on Potomac.

PILOTS

NOTE: This act is interesting because it suggests Va. viewed the Potomac as a river "of this dominion," and that it had the power to license pilots (and exclude pilots it did not license) from piloting ships on the river.

May 1755-28th George II, Chap. XI, pp. 490-94

An Act for establishing Pilots, and regulating their fees.

I. Whereas it is necessary for the safety and preservation of ships and vessels coming into the bay of Chesapeak, bound up the rivers of this dominion (including the Potomac, which is specified later in the act) that able and experienced pilots should be established, to conduct such vessels for reasonable fees to their several moorings, and to prevent ignorant or unqualified persons from undertaking such pilotage:

This act empowers the governor or commander and chief of the colony to appoint examiners in each district, to examine and license prospective pilots. Only licensed pilots are authorized to pilot ships on the rivers specified, and merchant vessels coming from the sea are "obliged to receive the pilot who first offers to conduct his vessel, or shall pay him half pilotage to the first port, and then may continue the same or choose another pilot, or proceed without any pilot if he thinks fit." No masters of ships or vessels are obliged to take a pilot who does not offer himself below "Smith's Point to Potomack" river (there are other points given for other rivers), but ships having no pilot on board following another with a pilot must pay half his fee. The law specifies the prices that pilots are to receive on the various rivers, including the Potomac. Law to remain in force two years.

RIVERS AND CREEKS

NOTE: Evidently this act did not apply to the Potomac, which did not lie either entirely within one Va. county or between two Va. counties (art. II). Note also that it distinguishes between rivers above and below the falls.

October 1745-22d George II, Chap. XXIX, pp. 69-71

An Act for clearing Rivers and Creeks.

I. Whereas many of the rivers and creeks of this colony are stopped and choaked up by stones, trees, stumps, and rubbish therein, and by hedges, weirs, or stone stops, in or cross the

same, whereby the passage of boats, and other vessels, and of fish, is obstructed, to the great damage of the inhabitants of this colony, and hindrance of trade and commerce.

II. County courts empowered to clear rivers and creeks in their counties; where they run between two or more counties they are to cooperate. Provided always, that nothing herein contained shall be construed to oblige any county court, or courts, to contract for removing rocks, or such obstruction in any river or creek as cannot be removed without the force of gun-powder: And also, that the courts of the counties adjoining to the rivers Maherin, Nottoway, Roanoke, and Rappahanock, above the falls thereof, shall not be obliged by this act to contract for the said rivers.

III. Weirs to be removed as soon as they become useless; trees felled into any creek or river with a bridge on it are to be removed within 48 hours.

IV. Hedges and stone stops to be destroyed and no new ones erected.

V. Provided always, that nothing herein containing shall be construed to extend to any mill built upon a river above navigable water, or to any mills already built, pursuant to the laws relating to water mills: Provided also, that hedges and stops can be erected if there is not public landing above them.

VI. Previous acts this subject repealed.

VII. This act to remain in force until June 10, 1751.

February 1752-25th George II, Chap. XL, pp. 291-93

An Act for clearing Appomattox and Pamunkey rivers.

I. Whereas the upper part of the rivers Appomattox and Pamunkey are become useless to the inhabitants of this colony, by means of mill-dams, fish-hedges, and other obstructions therein, for remedy thereof:

II. Appoints trustees for the clearing of each river; they are authorized to take subscriptions and apply same for the clearing of said rivers, and to agree with persons to do the same, who have authority to remove all stops that the trustees think obstruct navigation.

III. Where any mill-dams are raised or built across said rivers, the proprietors of them shall erect a gate, lock or passage; if they don't the mill-dams can be destroyed.

IV. Whereas 1748 act on this subject directs that all hedges or stone-stops already made are to be destroyed by the person who made them or pay a penalty, but has not answered its purpose because too difficult determine who was responsible, this act charges the cost of destroying such hedges or stone-stops to the person or persons opposite to whose lands the said hedges, or stone-stops, shall be.

V. The trustees and anyone employed by them can legally enter the lands of any person in the execution of this act.

VI. The trustees or anyone employed by them can cut or take off the lands of any person adjacent to the said rivers, such, and so much timber, as shall be necessary for the purposes of this act, which shall be valued as directed under the 1748 act.

November 1753-27th George II, Chap. XXII, pp. 394-96

An Act for clearing Mattapony river.

I. Whereas the upper part of the river Mattapony is useless to the inhabitants of this colony, by means of fish hedges and other obstructions therein, for remedy whereof.

II. Appoints trustees authorized to take subscriptions and to contract for clearing said river, with power to remove all stops which obstruct navigation.

III. Cost of removing hedges or stops to be charged to persons with land adjacent to them.

IV. Trustees & those employed by them may enter private lands in execution of this act.

V. Empowered to cut or take off the adjacent lands as much timber as necessary for the act; same to be valued and reimbursed.

WAREHOUSES

October 1748-2d George II, Chap. LI, pp. 154-93

An Act for amending the staple of Tobacco, and preventing frauds in his majesty's customs.

XXXIV. States where tobacco inspection warehouses are to be kept, including one in Fairfax Co., "on the land of the Honorable Thomas Lee, esq. at the falls of Patowmack;" also one in Prince William co. "at Quantico," which was probably on the Potomac; others probably were as well but locations are not given by river.

XXXVI. Sets fees for inspectors.

XXXVIII. Provides funds for erecting necessary wharves when the rents are insufficient.

XXXIX. If the proprietors of land where warehouses are to be established don't wan to build a warehouse, the county justices can appropriate one acre and agree with someone who is willing to build the warehouse; that person will have a fee simple estate in the land as long as it is used for a warehouse.

February 1752-25th George II, Chap. III, pp. 223-27

An Act for amending the act, intituled, An act for amending the staple of tobacco, and preventing frauds in his majesty's customs.

Concerns rules for inspection, salaries and rents at specific warehouses (none on Potomac) and discontinues some warehouses and creates others; none on Potomac.

November 1753-27th George II, Chap. III, pp. 351-53.

An Act for amending the act, intituled, An act for amending the staple of tobacco, and preventing frauds in his majesty's customs.

Concerns rules for inspection, salaries and rents at specific warehouses (none on Potomac) and discontinues some warehouses and creates others; none on Potomac.

May 1755-28th George II, chap. V, pp. 472-75.

An Act for the further amending the act, intituled, An act for amending the staple of tobacco, and preventing frauds in his majesty's customs.

Concerns rules for inspection, salaries and rents at specific warehouses (none on Potomac) and discontinues some warehouses and creates others created; none on Potomac

October 1755-29th George II, Chap. IV, pp. 567-68.

An Act for settling the rents of the public warehouses and inspectors salaries, for this present year.

Sets inspectors fees; a general act that doesn't specify or name particular warehouses.