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| CHAP. LXXXIV. An act for apprehending and securing runaways. |
From Rev. Bills of 1779, ch. LIII. |
| I. BE it enacted by the General Assembly, That any person may apprehend a servant or slave, suspected to be a runaway, and carry him before a justice of the peace, who, if to him the servant or slave appear, by the oath of the apprehender, to be a runaway, shall give a certificate of such oath, and the distance, in his opinion, between the place where the runaway was apprehended and that from whence he fled; and the apprehender shall thereupon carry the runaway to the last mentioned place, or deliver him to the owner, or some other authorized to receive him, and shall be entitled to ten shillings, and one shilling for every mile of such distance as he shall necessarily carry him, to be paid by the owner. The runaway, if the owner be not known, or reside not in the commonwealth, shall be, by warrant of the justice, committed to the jail of his county, the keeper whereof shall forthwith cause an advertisement, with a description of the runaway's person and wearing apparel, to be set up at the door of the court-house, and of every church in his county within ten miles. If the owner claim not within two months thereafter, the sheriff shall publish a like advertisement in the Virginia Gazette for three months, and shall hire the runaway out during such time, and for such wages as his county court shall approve, having put an iron collar, stamped with the letter F. round his neck, and out of the wages pay the reward for apprehending, and the expences incurred on his account; but he shall deliver the runaway, even before the time expire, and pay the balance of the wages received, if any, to him who shall claim, and who having proved before the court of some county, or a justice of the peace of the county in which such runaway is confined, that he had lost such an one as was described in the advertisement, and having there given security to indemnify the sheriff, shall produce the clerk's or the justice's certificate of such proof made and security given, prove, by his own or another's oath, the runaway when shewn to him, to be | Runaway servants, & slaves how apprehended and dealt with. |
| the same that was so lost, and pay so much as the expences aforesaid shall exceed the wages. The runaway, being a slave, after the end of one year from the last advertisement, shall be sold, and the proceeds of the sale, with the balance of the wages, paid to the public treasurer, for the use of the owner, proving his property at any future time, or otherwise for the use of the commonwealth. If the runaway die in jail, the expences shall be defrayed by the public. The runaway, if he shall have crossed the bay of Chesapeake, shall be delivered to the sheriff of some county bounded thereby, who shall transport him to the other side, and cause him to be put into the hands of a constable to be by constable to constable conveyed to the owner, who shall pay to the sheriff five pounds, and to the constable one shilling for every mile he shall necessarily travel in performing this duty. | ||
| II. This act shall commence and be in force from and after the first day of January, one thousand seven hundred and eighty-seven. | Commencement of act. | |
 CHAP. LXXXV. |
From Rev. Bills of 1779, ch. LXI. | |
| ||
| I. BE it enacted by the General Assembly, That where any person under the age of twenty-one years, or of unsound mind is, or shall be seized or possessed of any land, tenements, or hereditaments, in trust or by way of mortgage, the guardian of the one, or committee of the other (which committee shall be appointed by the high court of chancery) by order of such court made, upon the petition of one or more of the parties interested, and after hearing them all, may execute any such deed, or perform any other such act as the trustee, | What acts guardians & committees may perform for infants, & wards. |
| or mortgagee, if he were of full age, or of sane mine, respectively might have executed or performed; and such deed or other act shall be as valid, except that he shall not be bound by a warranty or other covenant contained in the deed. Also the said court may in like manner empower such guardian or committee to make, or take, a surrender of a former lease, and to take; or make, a new lease, as the case may require, and as it shall seem most for the advantage of the infant, ideot, or lunatic, out of whose estate any fine that may be advanced and all other just expences that may be incurred in order to obtain a new lease to him, shall be reimbursed, and the new lease shall not only be chargeable with such fine and expences, but shall remain subject to all incumbrances which the lease surrendered would have been subject to. | |
| II. This act shall commence and be in force from and after the first day of January, one thousand seven hundred and eighty-seven. | Commencement of act. |
| CHAP. LXXXVI. An act concerning guardians, infants, masters, and apprentices. |
From Rev. Bills of 1779, ch. LX. |
| I. BE it enacted by the General Assembly, That any father, even if he be not twenty one years old, may, by deed, or last will and testament, either of them being executed in presence of two creditable witnesses grant or devise the custody and tuition of his child, which had never been married, although it be not born, during any part of the infancy of such child, to whomsoever he will; and such grant or devise heretofore or hereafter to be made, shall give the grantee or devisee the same power over the person of the child as a guardian in common socage hath, and authorize him, by action of ravishment of ward or trespass, to recover the child, with damages, for the wrongful taking or detaining | Testamentary guardian, how and by whom constituted. |
| him or her, for his or her use, and for the same use to undertake the are and management and receive the profits of the ward's estate, real and personal, and prosecute and maintain any such action and suits concerning the same, as a guardian in common socage may do. The high court of chancery generally, and the court of every county in chancery within the limits of their jurisdiction, shall have power from time to time to controul guardians, and hear and determine all matters between them and their wards; to require security of any guardian in focage, [socage,] or statutory guardian, when that caution shall seem necessary, for prevention of any damage his ward may suffer, by neglect, mismanagement, or malversation; and if the security be refused or delayed, or if such guardian appear to have been guilty of a flagrant abuse of trust, to displace him, and appoint another in his stead, and to give such directions, and make such rules and orders, as they shall think fit, for the government, maintenance, and education of wards, and preservation of their estates, and for the conduct of guardians. Every court appointing a guardian, shall take bond of him, with sufficient surety for the faithful execution of his office, and if any court omit this duty, or take such surety as shall not satisfy them of his sufficiency, which may be done as well by the surety's affidavit, as otherwise, the ward, by an action on the case against the judges or justices so making default, may recover so much of the damages which the guardian and surety shall be answerable for as these shall be unable to pay. If any guardian refuse, or be unable to give the surety required of him, the court may put the estate into the ands of a curator, the fittest they can prevail upon, to undertake the care of it, to be accountable to them, and in that case shall not be sponsible for his ability. Every guardian, or curator, to be appointed by any court, shall, at the term or session next afterwards, deliver into such court, an inventory, upon oath, of all the estate which he shall have received, to be entered of record in a separate book; and such guardian, or curator, and every guardian heretofore so appointed, shall exhibit to such court, once in every year, which, if it be a county court, shall be in August, or at the next session, if there be none in that month, or oftener, if he be specially required, accounts of the produce | Power of courts over guardians. Bond and security. Curator. Inventories. Guardians' accounts. |
| of the estate, of the sales and disposition of that produce, and of the disbursements, which accounts shall be examined by the court, or by such persons as the court shall refer them to, and being found and certified, or reported to be properly and fairly stated, and the articles thereof to be justified by the vouchers, and the report, in case of a reference, being approved and confirmed by the court, shall, with such certificate or confirmation, be entered of record in the book aforesaid: And if any article of such accounts at any time afterwards be excepted to by the ward, or his representative, it shall be incumbent on him to prove or shew the falsity or injustice thereof, unless notice on his behalf shall have been given at the time of passing the accounts, that such article would be excepted to, and a memorandum of that notice shall have been entered on record, or desired to be entered. The court, at any time when they shall know or have cause to suspect that the surety of a guardian is failing, may require and compel such guardian to give supplemental security, or if he refuse or neglect to do so, may displace him. A guardian who shall not deliver in such inventory, and render such accounts as aforesaid, shall, by order of the court to which he is amenable, be summoned, and if he remain in default, be compelled to perform his duty, or be displaced; for which purpose the summons, or other process from a county court, may be directed to and shall be executed by the sheriff of any other county wherein the guardian may be found, and every judge or justice of the court sitting therein, at any time during the term or session in which the process ought to have been ordered, if it be not ordered accordingly, shall be amerced. If the disbursements of the guardian, being suitable to the estate and circumstances of the ward, shall exceed the profits of his estate in any year, the balance, with the allowance of the court, may be debited in the account of a succeeding year; and a balance appearing on the contrary side, may be put out to interest, for the benefit of the ward, upon such security as the court shall approve, or the guardian, if it remain in his hands, shall account for the interest, to be computed from the time his accounts were or ought to have been passed, If any surety for a guardian, by petition to the court before whom they were bound, setting forth, that he apprehends himself | Supplemental security. Disbursements. Counter security. |
| to be in danger of suffering thereby, shall pray that he may be relieved, the court, after a summons to answer the petition shall have been served upon the guardian, or a copy of such summons shall have been left at the place of his ususal abode, shall order him to give counter security, or to deliver the ward's estate into the hands of the surety, or some other, in that case taking sufficient security, or may make such other order for relief of the petition as to them shall seem just. The estate of a guardian, not under a specific lien, shall, after his death, be liable for whatsoever may be due from him on account of his guardianship to his ward before any other debt due from such guardian. Every orphan who hath no estate, or not sufficient for a maintenance our of the profits, shall, by order of the court of the county in which he or she resides, be bound apprentice, until the age of twenty-one years, if a boy, or of eighteen years, if a girl, to some master or mistress, who shall covenant to teach the apprentice some art, trade, or business, to be particularized in the indenture, as also reading and writing, and if a boy, common arithmetic, including the rule of three, and to pay to him or her three pounds and ten shillings at the expiration of the time. Any guardian may, with the approbation of that court in which his appointment shall be recorded, and not otherwise, bind his ward apprentice to such person, for learning such art or trade, and with such covenants on the part of the master or mistress as the said court shall direct; and any such apprentice, with the like approbation, or any apprentice bound by his father, may, with the approbation of the court of that county in which the father shall reside, after he shall be sixteen years of age, agree to serve until he shall be twenty-four years of age, or any shorter time, and such agreement entered on record shall bind him: | Estate of guardian, first bound to ward. Orphans bonnd apprentices. Covenants in indentures. Wards bound apprentices. |
| II. The court of every county, city, or borough, shall at all times receive the complaints of apprentices, or hired servants, being citizens of any one of the confederated states of America, who reside within the jurisdiction of such court, against their masters or mistresses, alledging undeserved or immoderate correction, insufficient allowance of food, raiment, or lodging, or want of instruction, and may hear and determine such cases in a summary way, making such | Complaints of apprentices, how redressed. |
| orders thereupon as in their judgment will relieve the party injured in future, or
removing the apprentices, and binding them to other masters or mistresses, when it shall seem
necessary; and may also, in the same manner, hear and determine complaints of masters or
mistresses against their apprentices, or hired servants, for desertion, without good cause, and
may oblige the latter, for loss thereby occasioned, to make retribution, by farther services,
after expiration of the times for which they had been bound. III. And be it further enacted, That the courts of hustings in the cities of Williamsburg and Richmond, and borough of Norfolk, and all other incorporated towns, shall have the same power as is hereby given to the county courts. |
Power of courts of hustings, of Williamsburg, Richmond, Norfolk, and other incorporated towns. |
| IV. This act shall commence and be in force from and after the first day of January, one thousand seven hundred and eighty-seven. | Commencement of act. |
| CHAP. LXXXVII. An act for the restraint, maintenance, and cure of persons not sound in mind. |
From Rev. Bills of 1779, ch. LXII. |
| I. BE it enacted by the General Assembly, That the present directors of the hospital for the reception of persons of unsound minds, and their successors, to be chosen when vacancies happen, by joint ballot of both houses of general assembly, are hereby constituted a body politic and corporate, to have perpetual continuance, by the name of the directors of the hospital for the maintenance and cure of persons of unsound minds, and by that name may sue and be sued, and may, and shall have and use a common seal; and are enabled to take and hold any estate real and personal, given, or to be given, to the said hospital, or to themselves, for the use thereof, so as the annual revenue or income of such donations exceed net one | Directors of lunatic hospital, how to be appointed Incorporated. Style of corporation. |
| thousand pounds, any law or statue to the contrary, notwithstanding; and shall and may, so often as it shall be necessary, choose a president, to continue in office until his death, resignation, or removal. And the said directors, or any seven of them, the president being one, shall, from time to time, ordain regulations for the government of the said hospital, and appoint a keeper or matron thereof, with nurses and guards, when they shall be necessary, and provide for the accommodation, maintenance, and cure of the patients remaining and to be received therein. By warrant, to be directed to the sheriff, a justice of peace may order to be brought before him any person whose mind, from his own observation, or the information of others, he shall suspect to be unsound, and with two other justices, who, at his request, shall associate with him, shall enquire into the state of such person's mind; and the said justices shall write [down] as well what shall appear to themselves as what shall be testified by witnesses, touching the supposed insanity; and if two of them adjudge the party to be such a none as ought to be confined in the hospital, and some friend will not become bound, with surety, to restrain and take proper care of him or her, until the cause for confinement shall cease, the said justices, or two of them, shall order the insane to be removed tot he said hospital, and there received, and for that end direct a warrant to the sheriff, and a mittimus to the said keeper, transmitting therewith, to the latter, the examinations of the witnesses, and a relation of such facts as the said justices shall think pertinent to the subject, to be laid before the directors. −− The said keeper, immediately after the person removed shall be delivered to him, the receipt of whom he shall acknowledge in a writing signed by him, and given to the sheriff, shall inform the president thereof, who shall require his colleagues to meet so soon as may be; and at such meeting, which shall not be unnecessarily delayed, the directors, if having considered the case, they concur in opinion with the justices, shall register the insane as a patient; but they may at any time afterwards deliver him or her to a friend, becoming bound to restrain and take care of him or her, in the same manner as the justices might have done. −− If the directors differ in opinion from the justices, they shall report the matter to the high court of chancery, | Corporate powers. Lunatics, how removed to hospital. Proceedings thereon. If directors differ in opinion from justices. |
| who shall thereupon award the writ of de idiota inquirendo, directed to the sheriff of that county from whence the person supposed to be insane shall have been removed, and such person shall be put into the custody of the said sheriff, and remain there until the inquisition be taken and returned, and then shall be enlarged or registered, as the said court shall order. The court of a county, city, or borough, shall refer it to three justices to examine into the state of mind of an infant, child, or ward, in their county, city, or borough, suggested to such court, by the parent or guardian, to be insane, and upon the report of the said justices, if the suggestion appear to be true, shall order such insane to be removed in the manner before directed, to the hospital, where he or she shall be received and registered. The expence of maintaining, and endeavouring to cure a registered insane, shall be reimbursed out of his estate, if any such there be, and in case of an infant, not an orphan, shall be repaid by the parent, if of sufficient ability to support such infant, to be adjudged of and certified by the court of the county where such parent resides, and may be recovered by an action commenced and prosecuted in the names of the directors, who shall account for what shall thus come to their hands. Accounts of expences incurred in execution of this act, as well for repairing the hospital, and other necessary incidental works and services, shall be audited and discharged in the same manner as other public accounts. The directors shall enlarge every person confined in the hospital, who shall appear to them to be perfectly cured of insanity, and give such person a certificate thereof. A person registered in the hospital shall nevertheless, during the time of his or her confinement there, be deemed an inhabitant of that county in which was his or her legal settlement at the time of his or her removal to the hospital. | Infant lunatics, how proceeded with. When lunatics may be discharged. Legal settlement of lunatics. |
| II. This act shall commence and be in force from and after the first day of January, one thousand seven hundred and eighty-seven. | Commencement of act. |
| CHAP. LXXXVIII. | ||
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| BE it enacted by the General Assembly, That the whole estate, both real and personal, of Matthew Womble, who was convicted of murder at the session of the general court in December last, and executed accordingly, be, and the same is hereby vested, in Thomas Wrenn, William Gay, James Coffer, and John Scasrook Wills, gentlemen, trustees, to be by them, or any two of them, sold for the best price that can be had, giving one month's notice of the time and place of sale in the Virginia Gazette; and the said trustees shall convey the same to the purchasers in fee, and apply the money arising from the sale thereof in the first place to the payment of the just debts of the said Matthew Womble, and the residue divided between his children, and paid by the said trustees to their guardian or guardians; any law, usage, or custom, to the contrary, notwithstanding. | Estate of Matthew Womble, executed for murder, how disposed of. | |
| CHAP. LXXXIX. | ||
| ||
| I. WHEREAS it is the interest of all wise, civilized and free governments, to facilitate as much as may be, the diffusion of useful knowledge among its inhabitants: and whereas to this end sundry persons of the county of Botetourt have given considerable donations, | Preamble. |
| for the purpose of endowing and supporting a seminary of learning, at the town of Fincastle, in the said county, and have represented to this present general assembly, that their designs would be much accelerated were a law to pass incorporating them into a body politic: | |
| II. Be it enacted, That from and after the passing of this act, the said seminary shall obtain the name of Botetourt Seminary; and that David Robinson, William Fleming, George Skillern, Patrick Lockhart, Thomas Madison, Thomas Rowland, Thomas Lewis, David May, John Wood, Robert Harvey, William Neely, James Barnet, Henry Bowyer, Samuel Mitchell, George Hancock, and Archibald Stuart, gentlemen, be, and they are hereby constituted, a body politic and incorporate, by the name of the President Wardens, and Directors of Botetourt Seminary, who shall have perpetual succession, and a common seal; and that they and their successors, by the name aforesaid, shall be able and capable in law to possess, purchase, receive, and retain, to them and their successors forever, any lands, tenements, rents, goods, chattels, or donations of any kind whatsoever, which may have been given, or shall in future be given, or purchased by them, for the use thereof, and by the same name to sue and be sued, implead and be impleaded, answer and be answered unto, in all courts of law or equity, and from time to time, under their common seal, to make and establish such bye-laws, rules and ordinances, not repugnant to the laws of this commonwealth, as by them shall be thought necessary for the good order and government of the same. | Seminary of leaning established at Fincastle, in Botetourt
county. Incorporated. Style of corporation. Corporate powers. |
| III. And be it further enacted, That the said president, wardens, and directors, or any seven of them, shall have full power and authority to meet at such times as they shall think proper, and determine in all cases where a grater number of poor and indigent apply for admission than the funds can support, (to whom the preference shall be given) and to continue those so admitted for such length of time as they, or a majority of them, shall think necessary, having regard to the genius and capacity to the students, and of directing the study of such to any branch of literature, to which in their opinion the genius of the student is best adapted. | Duty and power of officers. |
| IV. And be it further enacted, That the president, wardens, and directors, or any seven of them, upon the death, resignation, or failure to attend (being thereof previously notified) for two meetings successively, shall have power and authority to nominate and appoint a sufficient number of members to supply the places of those so dead, resigned, or failing to attend. To nominate and appoint a treasurer, secretary, and steward, to which several offices they may annex such salaries as to them shall appear equitable and right, who shall respectively be subject to a removal from office at the discretion of the corporation, for any abuse or neglect of duty; provided that the treasurer, previous to his entering on the duties of the said office, shall give bond, with security to be approved by the corporation, in the penalty of three thousand pounds, for the faithful discharge of the trust reposed in him, and shall, whenever thereunto required, render on oath, a just and true account of all monies and donations of every kind, which have come to his hands by virtue of his said office, and also of all expenditures for or to the use of the said seminary, and on failure so to do, shall be subject to a judgment, on motion in any court of record in this commonwealth; and execution may thereupon be awarded, in like manner as against sheriffs for the non-payment of public taxes in their hands. | Vacancies, how supplied. Other offices how appointed. | |
| CHAP. XC. | ||
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| I. WHEREAS John Mills, late of the county of Fairfax, in the year one thousand seven hundred and eighty-three, died intestate, seized and possessed of a considerable real and personal estate, the former, by | Lands of John Mills, dec'd, to be sold for payment of his debts. |
| the operation of the laws of escheat and forfeiture, is escheatable to the commonwealth, and the personal estate has been sold by the administrators of the said John Mills, which will prove greatly insufficient for the payment of his debts: And whereas James Mills, late of the county of Middlesex, deceased, by his will devised to the said John Mills, a part of his outstanding debts, after several legacies, to a considerable amount, were previously paid; and there being no prospect of the creditors of the said John Mills deriving any benefit for a considerable time, if ever, from the said devise, they have made application to this assembly to direct the sale of the lands of the said John Mills, which are escheatable to the commonwealth, and the money arising from such sale to be applied towards the payment of their debts: | |
| II. Be it therefore enacted, That the lands whereof the said John Mills died seized, and are escheatable to the commonwealth, shall be sold by his administrators, or the survivors or survivor of them, on credit not exceeding eighteen months, for the best price that can be had, and b y them conveyed to the purchaser or purchasers in fee, and the money arising from such sales to be applied by the said administrators to the payment of the just debts of the said John Mills to his creditors, in equal proportions to the debts due them. And the said administrators, so soon as they shall receive the legacy, or any part thereof, devised to the said John Mills by the will of the said James Mills, after paying the just debts of the said John Mills, shall pay the same, or so much thereof, as shall be equal to the sum arising from the sale of the said lands, into the public treasury, after deducting a reasonable allowance for their expences and trouble. |
| CHAP. XCI. An act for regulating the streets in and adjoining to the town of Alexandria. | |
| I. WHEREAS it will tend greatly to the ornament of the town of Alexandria, as well as the convenience and health of the inhabitants thereof, if the streets of the said town were laid off ane extended in a regular and uniform manner: | |
| II. Be it therefore enacted by the General Assembly, That a district round the said town, bounded as followeth, viz: Beginning at Great Hunting creek, and running thence parallel with Fairfax-street, to Four-Mile run or creek, so as to intersect King-street (when extended) one mile west from the court-house; thence eastwardly down the said creek or run to its confluence with Potowmack river, thence southwardly down the said river, to the mouth of Great-Hunting creek, thence westwardly up the said creek to the beginning , shall be subject to the regulations herein after-mentioned, whensoever the proprietors of land within the aforesaid district shall, respectively, incline to lay out the same in town lots for the purpose of building thereupon, that is to say, the streets within the original plan of the said town, and which run westwardly from the river, and also the streets laid off by John Alexander and his executors, parallel therewith, shall be extended to the line which makes the western boundary, and be of the same width in every part, except Franklin-street, which shall be only fifty feet wide in that part thereof lying eastward of Union street. The streets hereafter to be laid off on the south side of Franklin-street, and the north side of Oronoko=street, and running westwardly within the said limits, shall be parallel with the last-mentioned street, be of the width of sixty-six feet in every part, and extend from the river Potowmack to the aforesaid western b boundary. The streets within the original plan of the town, and which run up and down the river, shall be severally extended of the same width southwardly to Potowmack river or Great-Hunting creek, as the case may be, and | Streets in and adjoining town of Alexandria, regulated. |
| northwardly, to Potowmack river or Four-Mile run as the case may require. All the streets hereafter to be laid off on the west-side of Washington-street, shall be parallel with Fairfax-street, and not less than sixty-six feet wide in every part, nor more than sixty-six feet wide in any part, without the consent of the proprietors of the land, first had and obtained, and shall be extended southwardly to Great-Hunting creek, and northwardly to Potowmack river or Four-Mile run. The streets running westwardly from Potowmack river shall be at the distance of three hundred and fifty-three feet two inches, and the streets running parallel with Fairfax-street, shall be distant from each other two hundred and forty-six feet ten inches, so that each square to be built upon and improved, shall contain two acres of land. The street called Washington street shall be one hundred feet wide in every part, and be extended northwardly and southwardly to the limits of the aforesaid district, except that part of the said street already laid out sixty-six feet wide, which shall continue of that width, unless the mayor and commonalty of the said town choose to widen the same to one hundred feet, in which case they shall, on or before the first day of April next, cause the damages or injury which any person or persons may in any manner sustain in their property by the widening of the said street, to be ascertained and valued by a jury of twelve good and lawful men, upon oath, to be empannelled by the sheriff of Fairfax county, and the amount of such damages, or injury, assessed as aforesaid, to be levied on the property within the limits of the corporation, and shall pay the amount to the several persons entitled thereto, in the following manner, viz. One half on or before the first day of January, one thousand seven hundred and eighty-seven, and the remainder on or before the first day of January, one thousand seven hundred and eighty-eight. Provided, That the church and burying ground vested in the minister and vestry of the Protestant Episcopal Church in Fairfax parish, shall not in any manner be affected by the extension of Cameron-street. |
| CHAP. XCII. An act to repeal the act of assembly for establishing the town of Walkerton. | ||
| BE it enacted by the General Assembly, That the act of assembly for establishing the town of Walkerton, in the county of King and Queen, shall be, and the same is hereby repealed. That forty acres of land, which were by deed bearing date the thirteenth day of June, one thousand seven hundred and nine, given and granted by John Walker, deceased, for the use of the inhabitants of the said town, as a common, shall be, and the same are hereby revested in the legal representatives of the said John Walker in fee: Provided always, That nothing herein contained shall be construed to affect the right of any person to a lot or part of a lot in the said place, or to discontinue the public road to, or ferry across, Mattapony river from the said town. | Act establishing town of Walkerton, in county of King & Queen repealed. | |
| CHAP. XCIII. | ||
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| I. BE it enacted by the General Assembly, That the whole estate, both real and personal, of John Tyler, who was convicted of murder at the session of the general court in December last, and executed accordingly, be, and the same is hereby vested in William Alexander, James Gwatkins, and Valentine Peyton, trustees, for the following uses, that is to say: that they, or any two of them, shall sell the same, having given notice thereof for one month in the Virginia Gazette, upon twelve months credit, taking bond and good security | Estate of John Tyler, who was executed for murder, how disposed of. |
| from the purchasers; and when the money is received, pay to the state the expences of the prosecution of the said John Tyler, to his creditors their just debts, and distribute the remainder among the brothers and sisters of the said John, observing this rule of proportion, that such as are of half-blood, if any there be, shall be entitled to but half a share. And whereas the said John Tyler, in his life-time, agreed to sell to Joseph Tyler, a tract of land containing one hundred and fifty-five acres, more or less, lying in the county of Loudoun, for the sum of one hundred and sixty pounds, part whereof has been paid, but no conveyance executed before the deaths of the said Joseph and John Tyler. | |
| II. Be it enacted, That the said trustees, or any two of them, be empowered to demand and receive from the administrators of the said Joseph Tyler the balance due, and upon receipt thereof, to convey the said tract of land in fee to the heir at law of the said Joseph, and distribute the money among the representatives of the said John, in manner aforesaid. | |
| III. And be it further enacted, That Elizabeth, the widow and relict of the said Joseph, shall be entitled to dower in the said one hundred and fifty acres of land, in the same manner that she would have been if the lands had been conveyed to the said Joseph in his life-time. | |
| CHAP. XCIV. An act for establishing the town of Clarksburg in the county of Harrison. | |
| I. WHEREAS a considerable number of lots have been laid off, and houses built thereon, by the proprietors of the place fixed for the erecting the court-house and other public buildings in the county of Harrison, and application being made to this assembly that the same may be established a town: | Town of Clarksburg in Harrison county established. |
| II. Be it therefore enacted, That the said lots so laid off, or hereafter to be laid off by the trustees, shall be, and the same are hereby established a town, by the name of Clarksburg, and that William Haymond, Nicholas Carpenert, John Myers, John M'Ally, and John Davisson, gentlemen, are hereby appointed trustees of the said town, who, or any three of them, shall have power from time to time to settle and determine all disputes concerning the bounds of the said lots, and in case of the death, resignation, or removal out of the county of any one or more of the said trustees, it shall be lawful for the freeholders of the said town to elect and choose others in their stead, and those so chosen shall have the same power and authority as any one particularly named in this act. | |
| III. Provided always, and be it further enacted, That half an acre of ground, or so much thereof as may be thought necessary, either in one entire or two separate parcels, shall be laid off by the said trustees in the most cenvenient part of the said town, and appropriated for the purpose of erecting thereon the court-house and other public buildings; and that the said trustees have full power to lay off as many lots, streets, and alleys as to them shall seem convenient, for the benefit of the said town; and that the possessor of any lot or lots in the said town, shall, before the first day of January, one thousand seven hundred and ninety, build thereon a dwelling house of at least sixteen feet square, either of stone, brick, frame, or hewed logs, with a stone or brick chimney, and upon failure thereof, shall forfeit their lot or lots to the said trustees, to be further disposed of as they may think proper, for the benefit of the said town. | |
| IV. And be it further enacted, That the freeholders of the said town shall be entitled to, and have and enjoy all the rights, privileges, and immunities, which the freeholders of other towns not incorporated, have and enjoy. |
| CHAP. XCV. | ||
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| I. BE it enacted by the General Assembly, That seventy-one acres of land, being part of a tract devised by the will of the late general Hugh Mercer, deceased, to his son William Mercer, now an infant, lying on Rappahannock river, in the county of Stafford, shall be, and the same are hereby vested in William Fitzhugh, James Hunter, Mann Page, George Weedon, William Garrard, and John Mercer, gentlemen, trustees, to be by them, or a majority of them, laid out into lots of half an acre each, with convenient streets, which shall be, and the same is hereby established a town, by the name of Leesville. So soon as the said seventy-one acres of land shall be so laid off into lots and streets, the said trustees, or a majority of them, shall proceed to sell the said lots, at public auction, for the best price that be had, the time and place of which sale shall be previously advertised fr one month in the Virginia Gazette; the purchasers to hold the said lots respectively, subject to the condition of building on each a dwelling house sixteen feet square at least, with a brick or stone chimney, to be finished fit for habitation within three years from the day of sale: And the said trustees, or a majority of them, shall, and they are hereby empowered, to convey the said lots to the purchasers thereof in fee subject to the condition aforesaid, and pay the money arising from the sale thereof to the executors of the said Hugh Mercer, to be by them accounted for, and paid to the said William Mercer, or his legal representatives. The said trustees, or a majority of them, shall have power from time to time, to settle and determine all disputes concerning the bounds of the lots, and to settle and establish such rules and orders for the regular building of houses thereon, as to them shall seem best; and in case of the death, resignation, or other legal disability of any of the said trustees, to elect and choose others in their stead, which trustees, so chosen, shall, to all intents and purposes, be vested | Town of Leesville, in Stafford county established. |
| with the same powers and authority as any other in this act particularly nominated and appointed. | |
| II. And be it further enacted, That the purchasers of lots in the said town, so soon as they shall have built upon and saved the same, according to the conditions of their respective deeds of conveyance, shall then be entitled to, and have and enjoy, all the rights, privileges, and immunities, which the freeholders and inhabitants of other towns not incorporated, hold and enjoy. If the purchasers of any lot shall fail to build thereon within the time before limited, the said trustees, or a majority of them, may thereupon enter into such lot, and sell the same again, and apply the money for the benefit of the inhabitants of the said town. | |
| CHAP. XCVI. An act appointing trustees for the town of Suffolk, and for enlarging the same. | |
| I. BE it enacted by the General Assembly, That Wells Cowper, John Driver, John Granberry, Willis Riddick, Robert Cowper, Archibald Richardson, and Thomas Wishart, gentlemen, shall be, and they are hereby constituted and appointed, trustees of the town of Suffolk: That sixteen acres of land adjoining the said town, the property of John Granberry, be, and the same are hereby vested in the said trustees, and shall be held, deemed and taken as part of the said town, and shall be laid off by the said trustees, or a majority of them, into lots of half an acre each, with convenient streets, and sold at public auction for the best price that can be had, the time and place of such sale being previously advertised two months in the Virginia Gazette, and to convey the said lots to the purchasers thereof in fee respectively, subject to the condition of building on each a dwelling-house, at least twenty feet | Trustees of town of Suffolk appointed. Addition to the town. |
| long and sixteen feet wide, with a brick or stone chimney, to be finished within four years from the day of sale. The money arising from the sale of the said lots shall be paid by the said trustees to the said John Granberry, or his legal representatives. The said trustees, or a major part of them, shall have power from time to time, to settle and determine all disputes concerning the bounds of the said lots, and to settle such rules for the regular building of houses thereon, as to them shall seem most convenient: that in case of the death, removal out of the county, or other legal disability of any of the said trustees, the vacancy thereby occasioned shall be supplied by the remaining trustees, and those so chosen shall be to all intents and purposes individually vested with the same power and authority as any one in this act particularly mentioned. The purchasers of lots in the said town, so soon as they shall have built upon and saved the same, according to the conditions of their respective deeds of conveyance, shall be entitled to and enjoy the same rights, privileges, and immunities, with the other freeholders and inhabitants of the said town: That if the purchaser of any lot sold by the said trustees shall fail to build thereon within the time before limited, the said trustees, or the major part of them, may thereupon enter into such lot, and sell the same again, and apply the money for the benefit of the said town. | ||
| CHAP. XCVII. | ||
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| I. BE it enacted by the General Assembly, That fifty acres of land, the property of Zackquell Morgan, lying in the county of Monongalia, shall be, adn they are hereby vested in Samuel Hanway, John Evans, | Morganstown in Monongalia, established. |
| David Scot, Michael Kearnes, and James Daugherty, gentlemen, trustees, to be by them, or any three of them, laid out into lots of half an acre each, with convenient streets, which shall be, and the same are hereby established a town, by the name of Morgans-town. So soon as the said fifty acres of land shall be so laid off into lots and streets, the said trustees or the major part of the, shall proceed to sell the said lots, at public auction, for the best price that can be had, the time and place of which shall be previously advertised for two months in the Virginia Gazette; the purchasers to hold the said lots respectively, subject to the condition of building on each a dwelling-house, eighteen feet square at least, with a brick or stone chimney, to be finished fit for habitation within four years from the day of sale: And the said trustees, or the major part of them, shall, and they are hereby empowered, to convey the said lots to the purchasers thereof in fee simple, subject to the condition aforesaid, and pay the money arising from the sale thereof to the said Zackquell Morgan, or his legal representatives. The said trustees, or a majority of them, shall have power from time to time, to settle and determine all disputes concerning the bounds of the said lots, and to settle such rules and orders for the regular building of houses thereon, as to them shall seem best and most convenient; and in case to the death removal out of the county, or other legal disability, of any of the said trustees, it shall be lawful for the other trustees, to elect and choose so many other trustees, to elect and choose so many other persons in the room of those dead, removed, or disabled, as shall make up the number: the trustees, so chosen, shall to all intents and purposes, be vested with the same powers as those particularly named in this act. The purchasers of the lots in the said town, so soon as they shall have built upon and saved the same, according to the conditions of their respective deeds, shall be entitled to, and have and enjoy all the rights, privileges, and immunities, which the freeholders and inhabitants of other towns in this state, not incorporated, hold and enjoy. If the purchaser of any lot shall fail to build thereon within the time before limited, the said trustees, or the major part of them, may thereupon enter into such lot, and sell the same again, and apply the money towards repairing the streets, or in any other way for the benefit |
| of the said town. Provided always, That nothing herein contained shall be construed or taken, so as to authorize the said trustees to sell any lot, that may have already been sold and conveyed by the aforesaid Zackquell Morgan, nor to re-enter the same, provided the holder thereof shall build a house of such dimensions as is herein before directed, within the space of four years after the passing of this act. | ||
| CAHAP. XCVIII. | ||
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| I. WHEREAS the purchasers of lots in the town of Moorfield, in the county of Hampshire, from the difficulty of procuring materials have not been able to build on their said lots within the time prescribed by law: | Further time allowed to improve lots in Moorfield. | |
| II. Be it therefore enacted, That the further time of three years, from the passing of this act, shall be allowed the purchasers of lots in the said town to build upon and save the same. | ||
| CHAP. XCIX. | ||
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| I. WHEREAS by an act of the general assembly, intituled "An act for establishing a town at the Warm Springs, now called Bath, in the county of Berkeley," | Further time allowed to improve lots in town of Bath. |
| it was, among other things, directed, that the purchasers of lots in the said town should, within twelve months from the day of sale, build upon each of the said lots a dwelling house, twelve feet square, fit for habitation. And whereas it has been represented to this present general assembly, that the time limited for building upon and saving the said lots was of too short a period: | ||
| II. Be it therefore enacted by the General Assembly, That the purchasers of lots in the said town shall be allowed until the first day of October, one thousand seven hundred and eighty-seven, as a further time to build upon and save the same; any thing in the said recited act to the contrary, notwithstanding. | ||
| CHAP. C. | ||
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| I. BE it enacted by the General Assembly, That fifty acres of land, the property of James Gordon, lying between the eastern and western branch of Corotoman river, in the county of Lancaster, shall be, and they are hereby vested in Edwin Conway, John Berryman, Henry Towles, James Wallace Ball, George Carter, Joseph Ball Downman, John Gordon, Thomas Gaskins, and James Ball, junior, gentlemen, trustees, to be by them, or a majority of them, laid out into lots of half an acre each, with convenient streets, and established a town, by the name of Gordonsville. So soon as the said fifty acres of land shall be laid off into lots and streets, the said trustees, or a majority of them, shall proceed to sell the same at public auction, for the best price that can be had, the time and place of which sale shall be previously advertised for two months in the Virginia Gazette. The purchasers to hold the said lots respectively, subject | Town of Gordonsville, in Lancaster county, established. |
| to the condition of building on each a dwelling-house, sixteen feet square at least, with a brick or stone chimney, to be finished fit for habitation within three years from the day of sale; and the said trustees, or a majority of them, shall, and they are hereby empowered, to convey the said lots to the purchasers thereof in fee, subject to the condition aforesaid, and pay the money arising from the sale thereof to the said James Gordon, or his legal representatives. The said trustees, or the major part of them, shall have power from time to time to settle and determine all disputes concerning the bounds of the lots, and to establish such rules and orders for the regular building of houses thereon, as to them shall seem best and convenient; and that in case of the death, resignation, or other legal disability of any one or more of the said trustees before named, it shall be lawful for the remaining trustees to elect and choose others in their stead; which trustees so chosen, shall, to all intents and purposes, be vested with the same power and authority as any other in this act particularly nominated and appointed. The purchasers of lots in the said town, so soon as they shall have built upon and saved the same, according to the conditions of their respective deeds of conveyance, shall then be entitled to, and have and enjoy, all the rights, privileges, and immunities, which the freeholders and inhabitants of other towns in this state, not incorporated, hold and enjoy. | |
| II. If the purchaser of any lot shall fail to build thereon within the time before limited, the said trustees, or a majority of them, may thereupon enter into such lot, and sell the same again, and apply the money for the benefit of the inhabitants of the said town. |
| Pages 166-191
| Pages 217-230
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