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| CHAP. L. An act for opening and extending the navigation of Willis's river. [Passed December 10, 1787.] | |
| I. WHEREAS it is represented to this present general assembly, that the clearing, improving, and extending the navigation of Willis's river, in the county of Cumberland, to the highest part practicable, will be of public utility, and that many persons are willing to subscribe considerable sums of money for carrying the same into effect, Be it therefore enacted, that Joseph Carrington, May Carrington, Benjamin Wilson, Alexander Trent, jun. and George Anderson, gentlemen, be, and they are hereby constituted and appointed trustees for clearing, improving, and extending, the navigation of the said river, as far up the same as the Fork-Plantation, in the said county of Cumberland, so as to have a sufficient depth and width of water to navigate boats, batteaus, or canoes, capable of carrying twelve hogsheads of tobacco. And they are hereby authorized to take and receive subscriptions for that purpose. If any person or persons shall neglect or refuse to pay the several sums of money by them respectively subscribed for the purposes of this act, it shall be lawful for the said trustees to recover the same, in the name of the trustees aforesaid, by warrant before a single magistrate, where the subscription shall not exceed twenty-five shillings, and where it shall exceed that sum, by motion in the court of the said county of Cumberland, on giving the party so neglecting or refusing, ten days previous notice of such motion. That the said trustees, or a majority of them, shall, as soon as may be, proceed to view the said river, and ascertain as nearly as they can, the highest part capable of navigation, agreeable to this act, and have power to contract and agree with any person or persons for clearing and improving the navigation of the river aforesaid, in such manner as to the trustees shall seem most proper, and to remove all obstructions which shall in any wise injure the said navigation. | Act for opening and extending navigation of Willis's river. |
| II. And be it further enacted, That the said trustees, or a majority of them, as often as they may see occasion, shall nominate and appoint one or more of their number, willing to undertake the same, to be receiver or receivers of all monies subscribed by virtue of this act, and the person or persons so appointed, shall, in the court of the said county give bond with sufficient security in a reasonable penalty, payable to the said trustees, and their successors, for the time being, with condition that he or they, his or their heirs, executors, or administrators, at all times when required, shall, and will truly and faithfully, account for all such sums of money, as shall come to the hands of the said receiver or receivers, for the purposes of this act, and pay the same to such person or persons as the said trustees, or a majority of them, shall order and direct. | |
| III. And whereas it may be found necessary in some parts of the said river, to straighten the same by cutting away the banks, or by canals, Be it therefore enacted, that it shall and may be lawful for the said trustees, or a majority of them, to agree with the owners of any land, through which the said canals are intended to pass, for the purchase thereof, and in case of disagreement, or in case the owner thereof shall be a feme co vert, under age, non-compos, or out of the state, the like proceedings shall be had to estimate the value thereof, by a jury, as are directed and prescribed, by the act intituled "An act for opening and extending the navigation of Potowmack river," and such valuation shall be paid by the said trustees to the owner of the land, or his legal representative, and on payment thereof, the said land shall thenceforth be vested in the said trustees, and their successors, in fee, for the purposes of this act. | |
| IV. And be it further enacted, That the owners of mills on the said river, and every of them, shall, within eighteen months after the passing of this act, erect a sufficient lock or locks at each mill, for the passage of canoes, and batteaus, and thereafter keep the same in good repair; and if such owners, or any of them, shall neglect to erect such sufficient locks, within the said eighteen months, the mill or mills so as aforesaid deficient, are hereby declared nuisances, and shall and may be thrown down and destroyed; and in case any owner of a mill on the said river, shall fail to keep any |
| lock so erected, in good and sufficient repair, or shall fail to cause due attendance to be given thereat, for the reasonable dispatch of vessels navigating the said river, he or they so offending, shall forfeit and pay the sum of ten pounds for every such failure, to be recovered in the name of the said trustees by action of debt, or information in the court of the county where the owner or proprietor resides. So soon as the said river shall be so cleared, as to admit of any easy and safe navigation, the said trustees, or a majority of them, shall divide the same into as many districts as they may think convenient, which they shall lay before the court of the said county of Cumberland, who shall appoint one fit person to each district, to superintend the keeping the same open, and clear of all obstructions, with a sufficient number of hands for that purpose, not exceeding seven for every mile, and the person and hands so appointed shall be exempted from working on the public roads. Every person appointed shall at least once in every month between the months of October and May in every year, and also immediately after every fresh in the said river, happening between the months aforesaid, go through his district, and remove all obstructions which he may find therein, and in case of failure, shall forfeit and pay the sum of forty shillings for every neglect, to be recovered with costs, by action of debt or information, in the court of the said county. If any person or persons shall fell a tree in the said rive, or fix any hedge or stop, or place other obstructions therein, he or they so offending shall forfeit and pay the sum of five pounds, to be recovered with costs by action of debt, or information in the court of the said county. | |
| V. All penalties and forfeitures imposed by this act, shall be, and enure to the use of the said trustees, to be by them applied towards keeping the river open, and improving the navigation thereof. In case of the death, resignation, or other legal disability, of any of the said trustees, it shall be lawful for the remaining trustees to supply the vacancy. |
| CHAP. LI. | ||
| ||
| [Passed December 24, 1787.] | ||
| I. WHEREAS it is judged expedient to explain and amend an act passed at the present session of general assembly intituled "An act for opening and extending the navigation of Willis's river," Be it enacted, that Willis Wilson, gentleman, be, and is hereby constituted and appointed a trustee for the purposes mentioned in the said recited act, in the room of Benjamin Wilson, gentleman, one of the trustees therein, named, and who hath refused to act, and that Joshua Fry, and Edward Walton, gentleman, be, and they are hereby constituted and appointed trustees for the purposes aforesaid, in addition to those already appointed, and the said trustees shall have power to clear, improve, and extend the navigation of the said river as far up the same as the Fork-Plantation, so as to have s sufficient depth, and width of water to navigate boats, batteaus, or canoes, capable of carrying four hogsheads of tobacco. | Act for opening and extending navigation of Willis's river explained and amended. | |
| II. And be it further enacted, That the owners of mills on the said river, and every of them, shall, within eighteen months after passing this act, erect a sufficient lock or locks at each mill, for the passage of boats, batteaus, and canoes, and thereafter keep the same in good repair, and if such owners, or any of them, shall neglect to erect such sufficient locks, within the said time, the mill or mills so as aforesaid deficient, are hereby declared nuisances, and the said trustees shall be, and they are hereby authorised and empowered to throw down, and destroy the same, and the owner or owners of any mill or mills, on the said river, failing to keep any lock so erected in good and sufficient repair, and failing to cause the attendance to be given thereat for the reasonable dispatch of vessels navigating the said river, shall be subject to the penalties inflicted by the said recited act, to be recovered as |
| therein directed. The persons to be appointed pursuant to the said recited act, to superintend the keeping of the said river open and clear, of all obstructions, shall, and they are hereby required to go through their respective districts, between the first and tenth days of each of the months of January, February, March, April, May, October, November, and December, in every year, and also immediately after every fresh in the said river, happening in the said months, or any of them, and remove all obstructions which they may find therein, which may in any manner injure the said navigation: and in case of failure, shall be subject to the same penalties, to be recovered in the same manner as directed by the said recited act. And if the hands appointed in pursuance to the directions of the said recited act for keeping the said river open, or any of them, shall fail to attend when called on by the said superintendant for the said purpose, he, or they, so failing, or if a slave or slaves, his or their respective masters or owners, shall forfeit and pay the sum of five shillings per hand for every day, he or they shall so fail, to be recovered with costs before a single magistrate, where the forfeitures shall not exceed twenty five shillings, and where they shall exceed that sum, by action of debt, or information, in the court of the said county. −− In case of the death, resignation, or other legal disability to act, of any of the said trustees, it shall be lawfu. [lawful] for the remaining trustees, or any four of them, to supply the vacancy by new appointments. So much of the said recited act, as is repugnant to, or comes within the purview of this act, shall be, and the same is hereby repealed. |
| CHAP. LII. | ||
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| [Passed January 3, 1788.] | ||
| I. WHEREAS the act of assembly passed in the year one thousand seven hundred and forty five intituled An act for the better regulating and collecting certain officers fees and other purposes therein mentioned, which has been continued by several subsequent acts, will shortly expire, and it is expedient that the same should be further continued: Be it therefore enacted by the General Assembly, That the act intituled "An act for the better regulating and collecting certain officers fees and other purposes therein mentioned," shall be continued from and after the passing of this act, for and during the term of three years, and from thence to the end of the next session of assembly, except so much thereof as relates to the delivery, collecting, and recovery of the fees, formerly payable to the secretary and surveyors. | Act of 1745, concerning officers' fees revived and continued. | |
| II. And be it further enacted, That the surveyor of every county within this commonwealth, may deliver or cause to be delivered to the sheriff of every county respectively, his account of fees now due, or hereafter to become due, from any person or persons residing therein, which account shall be signed by the surveyor. And the sheriffs are hereby required and empowered to receive such accounts, and to collect, levy, and receive the several quantities of tobacco therein charged, in money, at the rate prescribed by law, to the persons chargeable therewith. And if such person or persons, after the said fees shall be so demanded, shall refuse or delay until after the tenth day of April, in any year, to pay such of the said fees as shall have been put into the hands of the sheriff before the twentieth day of January preceding, the sheriff of that county wherein such person inhabits, or of the county in which such fees | Surveyors' fees, how collected and accounted for. |
| become due, shall have full power and is hereby required to make distress of the slaves, or goods and chattels of the party so refusing or delaying payment, either in that county where such person inhabits, or where the said fees become due: but no action, suit, petition, or warrant from a justice, shall be had or maintained for surveyors fees, unless the sheriff shall return that the person owing or chargeable with such fees, hath not sufficient within his bailiwick whereon to make distress, except where such surveyor shall have lost his fee book by fire or other misfortune, so that he be hindered from putting his fees into the sheriff's hands to collect, and in that case any suit or warrant may be had or maintained for the recovery thereof. And if any sheriff shall be sued for any thing by him done in pursuance of this act, he may plead the general issue and give this act in evidence. The sheriff of every county, shall upon or before the last day of May, in every year, account with the respective surveyors for all fees put into his hands before the twentieth day of January preceding, pursuant to this act, and pay the same, abating six per centum for collecting. And if any sheriff shall refuse to account or pay the whole account of fees, put into his hands, after the deductions aforesaid are made, together with an allowance of what is charged to persons not dwelling or having no visable estate in his county, it shall and may be lawful for the surveyor, upon motion made in the general court or in the supreme court of the district of Kentucky, as the case may be, or in the court of the court of such sheriff to demand judgment against such sheriff for all fees wherewith he shall be chargeable by virtue of his act; and such court is hereby authorized and required to give judgment accordingly, and to award execution thereupon, provided the sheriff have ten days notice of such motion. | |
| III. And be it further enacted, That it shall not be lawful for any county surveyor hereafter, to withhold from any person intitled to demand the same, a plat by him demanded, and that every surveyor out of office shall have the same remedy for fees due to him, as is hereby given to the acting surveyors. Provided, That no surveyor shall be obliged to deliver a plat of land to any person or persons not resident within this state, before the fees for the same shall be paid, or such | When surveyors may withhold plats. |
| security given for the payment thereof as to him shall be deemed sufficient. The commissioners of the tax in the respective counties shall be in like manner empowered to put their tickets of fees into the hands of the respective sheriffs, to be collected in like manner, and subject to the same restrictions and recovery as is herein before provided in the case of surveyors. | Fees of commissioners of tax, how collected. |
| IV. And be it further enacted, That from and after the passing of this act, the clerks of the several county and corporation courts within this commonwealth, shall deliver their tickets to the respective sheriffs annually, before the first day of march, instead of the time directed by the said first recited act, and that the fourth and fifth sections of the said act which respects the fees of the clerk of the superior courts, shall also be revived and continued, and be in force for and during the term of three years, and from thence to the end of the next session of assembly. | When clerks to deliver their tickets to sheriffs. |
| V. And whereas by an act of assembly intituled "An act for establishing a land office and ascertaining the terms and manner of granting waste and unappropriated lands," it is directed that every county court shall once in every year, and oftener if they see cause, appoint two or more capable persons to examine the books of entries and surveys in possession of their chief surveyor, and to report in what condition and order the same are kept; and on his death or removal, shall have power to take the same into their possession, and deliver them to the succeeding chief surveyor: and there is no means provided to compel any surveyor or other person in whose possession such books may be, to produce or deliver up such books, Be it therefore further enacted, that if any surveyor or other person who may be in possession of any such book of entries or surveys, shall refuse or neglect to produce such book to the persons who by any court may be appointed to examine the same, or to deliver up the same agreeable to the order of such court to any chief surveyor who has succeeded or may succeed any surveyor dead, or removed from office, such surveyor or other person, shall for every such refusal or neglect, forfeit and pay the sum of ten pounds, one half to the use of the county, and the other half to the use of the person suing for the same, to be recovered by action or debt, plaint, or information. | Production of surveyors' books how compelled. |
| CHAP. LIII. An act for opening and extending the navigation of Appamattox river. [Passed December 17, 1787. | |
| I. WHEREAS it is represented to this present general assembly, that the clearing, improving, and extending the navigation of Appamattax river, to the highest part practicable, will be of great benefit and public utility, and that many persons are willing to subscribe considerable sums of money for carrying the same into effect. Be it therefore enacted, that John Pride, John Holcombe, Joseph Michaux, John Archer, Joseph Jones, Everard Meade, and Richard Crump, gentlemen, be and they are hereby constituted and appointed trustees for clearing, improving, and extending the navigation of the said river, from Banister's mill as far up the same as they may judge it practicable, so as to have a sufficient depth and width of water to navigate boats, batteaus, or canoes, capable of carrying six hogsheads of tobacco, and they are authorised to take and receive subscriptions for that purpose: If any person shall neglect or refuse to pay the money by him subscribed for the purposes of this act, it shall be lawful for the said trustees to recover the same by warrant before a single magistrate where the subscription shall not exceed twenty five shillings, and where it shall exceed that sum, by motion in the court of the county where the person resides, provided the party has ten days previous notice of such motion. The said trustees or a majority of them, shall, as soon as may be, proceed to view the said river, and ascertain as nearly as they can, the highest part capable of navigation, according to this act; and have power to contract and agree with any person or persons for clearing and improving the navigation of the said river, in such manner as the trustees shall judge proper, and to remove all obstructions which in any wise injure the said navigation. | Act for opening and extending navigation of Appamattox river. |
| II. And be it further enacted, That the said trustees, or a majority of them, as often as they may see occasion, shall nominate and appoint one or more of their number to be receiver or receivers of all monies subscribed by virtue of this act; and the person or persons so appointed shall, in the court of the county where they respectively reside, give bond with sufficient security, in a reasonable penalty, payable to the said trustees and their successors, for the time being; with condition that he or they, his or their heirs, executors, or administrators, at all times when required, will truly, and faithfully account for all such sums of money as shall come to the hands of the said receiver or receivers, for the purposes of this act, and pay the same to such person or persons as the said trustees or a majority of them shall order and direct. | |
| III. And whereas it may be found necessary in some parts of the said river, to straighten the same, by cutting away the bank or by a canal, Be it therefore enacted, That it shall and may be lawful for the said trustees, or a majority of them, to agree with the owners of any land through which the said canal is intended to pass, for the purchase thereof, and in case of disagreement, or in case the owner thereof shall be a feme covert, under age, non compos, or out of the state, the like proceedings shall be had to estimate the value thereof by a jury, as are directed and prescribed by the act intituled "An act for opening and extending the navigation of Potowmack river," and such valuation shall be paid by the said trustees to the owner of the said land, or his legal representative, and on payment thereof, the said land shall thenceforth be vested in the said trustees, and their successors in fee, for the purposes of this act. The said trustees and their successors, or a majority of them, shall have power and authority to agree with any person or persons, to cut such canals, and erect such locks, and to perform such other works, as they may think necessary for opening, improving, and extending the navigation of the said river, and out of the money arising from the subscriptions, and tolls hereafter given to pay for the same, and to repair and keep in order the said canals, locks, and other works necessary thereto, and to defray all incidental charges, and to appoint such toll gatherers, managers, and servants, as they shall judge |
| requisite, and to agree for, and settle their respective wages, or allowances, and settle and pass their accounts, and to make and establish such rules of proceeding, and to transact all the other business and concerns for the purpose of carrying this act into execution. | |
| IV. And be it further enacted, That for, and in consideration of the expence the subscribers will be at, not only in cutting canals, erecting locks, or other work and labour for opening, improving, and extending the navigation of the said river, but in maintaining and keeping the same in repair, the said canals and works with all their profits, shall be, and the same are hereby vested in the said trustees, and their successors forever, as tenants in common, to be apportioned among them, according to the sums by them respectively subscribed and paid, and the same shall be deemed real estate, and be forever exempt from payment of any tax, imposition, or assessment whatsoever, and it shall and may be lawful for the said trustees, and their successors at all time hereafter to demand and receive at such place or places upon the said river as they may think most convenient, for all commodities transported through either of them respectively, tolls not exceeding those imposed by the said recited act: and in case any person shall refuse or neglect to pay the tolls at the time of offering to pass through any of the said places, and previous to the vessels passing through the same, be collectors of the said tolls, may lawfully refuse passage to such vessels, and if any vessel shall pass without paying the said toll, then the said collectors may seize such vessel wherever found, and sell the same at auction for ready money, which, so far as is necessary, shall be applied towards paying the said tolls, and all expences of seizure and sale, and the balance if any, shall be paid to the owner, and the person having the direction of such vessel, shall be liable for such toll, if the same is not paid by sale of such vessel as aforesaid. | |
| V. And be it enacted, That it shall and may be lawful for every subscriber to transfer his interest in the said canals, or works, in the same manner and under the like conditions and exceptions as are prescribed by the said recited acts. The owners of mills on the said river above Banister's mill, and every of them, shall |
| within eighteen months after passing this act, erect good and sufficient locks through their dams, or on canals convenient and proper around them, so as to procure an easy, safe, and expeditious passage for loaded canoes, boats, and batteaus, both up and down the said river, through or around each and every of the said dams; and moreover the said owners of mills on the said river, shall keep the said locks in good and sufficient repair, and cause to be given constant attendance at the same, by some person or persons whose duty it shall be, to work and manage the said locks at all times when thereto required by any person for the purpose of passing through the same with craft as aforesaid, without delay, giving them free passage, and on failure so to do, the offender shall forfeit and pay the sum of five pounds for every time such failure shall happen, and be moreover liable to the party grieved for damages, which said penalty may be recovered in the court of the county where the offender resides, by motion on ten days previous notice, by any person who will inform or sue for the same. | |
| VI. And be it enacted, That if any owner or owners of mills on the said river shall refuse or fail to build such good and sufficient locks, for passing through, or around his or their mill-dam, or mill dams as aforesaid, for the purposes of this act, within eighteen months as aforesaid, then and in that case, the mill-dam or mill-dams, not having such locks, are hereby declared to be nuisances, and shall and may be abated, and thrown down, and destroyed. And the trustees aforesaid, or a majority of them, are hereby empowered and directed to cause the said dams to be cleared away, and to present an account of the reasonable expence thereof, to the owners of the same, which expences he or they shall pay, or on failure the amount thereof may be recovered against him or them by the said trustees, on motion to the court of the county, giving him or them ten days previous notice thereof. | |
| VII. And be it further enacted, That if any landholder on the said river, shall suffer any tree to be felled from his land into the same, and therein to remain the space of twenty four hours, at any time after the navigation of the same hath become practicable, every such landholder shall forfeit and pay the sum of forty shillings to any person who will inform or sue for the |
| same in any court of record. The said trustees, and their successors, are hereby declared to be incorporated, by the name of the Appamattox trustees, and may sue and be sued as such. In case of vacancy by death, refusal to act, resignation, or other legal disability, of any one or more of the said trustees, it shall be lawful for the remaining trustees or a majority of them, to elect others in their stead. Provided nevertheless, That the said trustees shall be compelled to begin this work as near to Banister's mill as circumstances will admit: So much of all and every act, and acts, as comes within the meaning of this act, is hereby repealed. | |
 CHAP. LIV. An act to establish a town in the county of Hampshire. [Passed December 5th, 1787.] | |
| I. BE it enacted by the General Assembly, That one hundred and thirty nine acres of land, in the county of Hampshire, the property of John Sellers, and laid off by him into in and out lots, with convenient streets, shall be and the same is hereby established a town by the name of Frankford, and that John Mitchell, Andrew Cowper, Ralph Humphries, John Williams, sen. James Clark, Richard Stafford, Hezekiah Whiteman, and Jacob Brookhart, gentlemen, be trustees thereof, who, or the 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 establish such rules and regulations for the regular building of houses thereon, as to them shall seem best. In case of the death, resignation, removal out of the county, or other legal disability of any one or more of the said trustees, it shall be lawful for the remaining trustees to supply such vacancy, and the person so chosen, shall have the same power as if they had been particularly named in this act. | Town in Frankford, in Hampshire established. |
| II. And be it further enacted, That so many of the lots in the said town as are not sold by the said John |
| Sellers, are hereby vested in the said trustees, and they, or a majority of them, shall within six months after the passing of this act, sell the said lots at public auction, having previously advertised the time and place of such sale at the courthouse of the said county, on three successive court-days, and convey the same to the purchaser [purchasers] in fee, subject to the condition of building a house on each, sixteen feet square, with a brick or stone chimney, to be finished fit for habitation within three years from the day of sale, and pay the money arising from such sale to the said John Sellers, or his legal representatives. So soon as the purchasers of the said lots shall have built thereon according to their respective deeds of conveyance, they 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, hod and enjoy. If the purchaser of any lot sold by the said trustees shall fail to build thereon within the time before limited, it shall be lawful for the said trustees, or a majority of them, to enter into such lot, and sell the same again, and apply the money for the benefit of the inhabitants of the said town. | |
| CHAP. LV. An act for adding part of the county of Brunswick, to the county of Greensville. [Passed November 6, 1787.] | |
| I. BE it enacted by the General Assembly, That all that part of the county of Brunswick, lying to the eastward of a line to begin on the Carolina-line, six miles above the termination of the boundary between the said county and Greensville, and running from thence a direct course to where the line from thence a direct course to where the line between the said counties crosses the river Meherrin, be added to, and made a part of the said county of Greensville. It shall be lawful for the sheriff or collector of the said county | Part of Brunswick county added to Greensville. |
| of Brunswick, to collect and make distress for any public dues, or officers fees, which shall remain unpaid by the inhabitants thereof, at the time of passing this act, and shall be accountable for the same in like manner as if this act had not been made. | ||
| CHAP. LVI. An act for adding part of the county of Hardy, to the county of Hampshire. [Passed December 4, 1787.] | ||
| I. BE it enacted by the General Assembly, That all that part of the county of Hardy lying north of a line to be run from the mouth of Stoney river, to the High Knob, shall be, and the same is hereby added to and made part of the county of Hampshire. Provided always, that nothing herein contained, shall be construed to hinder the sheriff, or collector, of the said county of Hardy, from collecting and making distress for any dues, or officers fees, remaining unpaid by the inhabitants of that part of the said county added to Hampshire, but he shall collect and account for the same in like manner, as if this act had not been made. | Part of Hardy county added to Hampshire. | |
| CHAP. LVII. | ||
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| I. WHEREAS by an act of the last session of assembly intituled "An act for establishing a town on the lands of James Wilkinson in Fayette county, and |
Further time allowed for selling lots in town of Frankford, in Kentucky. |
| a ferry across Kentucky river," the trustees of the said town were directed to sell the lots within six months after the passing of the said act, and it is represented to the present assembly that the time elapsed before the trustees could proceed to the sale of any of the said lots, for remedy whereof, Be it enacted, that the further time of three years from and after the passing of this act, shall be allowed the said trustees to sell the lots in the said town, any law to the contrary notwithstanding. | |
| CHAP. LVIII. An act concerning the personal estate of Nicholas Gentry, deceased. [Passed December 13, 1787.] | |
| I. WHEREAS Nicholas Gentry, hath lately become fel-de-se, whereby
his goods and chattels are subject to escheat and forfeiture, and application hath been made to
this assembly, to vest the same in his widow and children, which it is judged expedient to do,
under certain conditions. II. Be it therefore enacted, That the person obtaining administration on the estate of the said Nicholas Gentry, deceased, shall hold his goods and chattels subject in the first place, to the payment of his just debts, and the residue thereof to the use, and for the benefit of the widow of the said Nicholas Gentry, and his children equally. |
Personal estate of Nicholas Gentry, a fel de se vested in his widow and children. |
| CHAP. LIX. An act to establish a town at the court house in the county of Ohio. | |
| I. Be it enacted by the General Assembly, That sixty acres of land the property of Reubin Foreman, and |
Town of West Liberty at Ohio court house, established. |
| Providence Mounts, already laid off into lots, and streets, around the courthouse in the county of Ohio, shall be, and the same are hereby established a town by the name of West Liberty, and that Moses Chaplaine, Zachariah Sprigg, George M'Cullock, Charles Wills, Van Swearingan, James Mitchell, and Benjamin Briggs, gentlemen, be trustees thereof, who, or a majority of them, shall have power and authority, from time to time, to settle and determine all disputes concerning the bounds of the said lots, and to establish such rules and regulations for the building of houses thereon, as to them shall seem most convenient. and in case of the death, removal out of the county, or other legal disability, of any one, or more of the said trustees, it shall be lawful for the remaining trustees to supply the vacancy, and the persons so chosen shall be vested with the same powers as if they had been named in this act. | |
| II. And be it further enacted, That the lots in the said town remaining unsold by the said Reuben Foreman, and Providence Mounts, are hereby vested in the said trustees, and they, or a majority of them shall, within six months after the passing of this act, sell the same at public auction, having previously advertised the time and place of such sale, at the door of the courthouse of the said county of Ohio, on two successive court days, and convey the lots to the purchasers in fee, subject to the condition of building a house on each, eighteen feet square, with a brick or stone chimney, to be finished within three years from the day of sale, and pay the money arising from such sale to the said Foreman and Mounts, or their representatives. −− If the purchaser of any lot in the said town, shall fail to build thereon, within the time before limited, the said trustees or a major part 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. LX. An act appointing trustees for the town of Leesburg in the county of Loudon. [Passed November 20, 1787.] | |
| I. BE it enacted by the General Assembly, That John Hough, Israel Thompson, James M'Ilheny, Joshua Daniel, John Littlejohn, Patrick Cavan, and Samuel Murray, gentlemen, are hereby constituted trustees of the town of Leesburg, in the county of Loudon, and they, or a majority of them, are empowered to settle and determine all disputes concerning the bounds of the lots in the said town, and to establish such rules and orders, for the regular building of houses thereon, as they may judge most proper. 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 the person or persons so elected, be vested with the same powers as any one in this act particularly named. | Trustees of Leesburg appointed. |
| CHAP. LXI. An act to enlarge the town of Staunton in the county of Augusta. [Passed November 6, 1787.] | |
| I. BE it enacted by the General Assembly, That twenty-five acres of land the property of Alexander St. Clair, gentleman, laid off into lots and streets, adjoining the town of Staunton, shall be, and the same are hereby added to, and made part of the said town. | Town of Staunton enlarged. |
| CHAP. LXII. | ||
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| [Passed December 20, 1787.] | ||
| I. WHEREAS it hath been represented to the present general assembly that a certain John Harmon, purchased of William Beverly, esquire, in the year one thousand seven hundred and fifty four, a lot of land in the town of Staunton, distinguished by the number six, and that the said John Harmon, having soon after left the country, a certain Robert Brotton, who was his security for the payment of the purchase money, was compelled to pay the same, and to indemnify himself took possession of the said lot, and has since conveyed the same for a valuable consideration to Thomas Poage. | Richt of commonwealth in a lot of land in Staunto vested in Thomas Poage. | |
| II. And whereas it hath been suggested that the said lot of land has become escheatable to the commonwealth, and it is just and right that the same should be vested in the said Thomas Poage, Be it therefore enacted by the General Assembly, That all the right, title, and interest of this commonwealth, in and to the said lot of land in the town of Staunton, distinguished by the number, six, shall be, and the same is hereby vested in the said Thomas Poage, and his heirs forever. Saving to all persons, bodies politic and corporate, other than this commonwealth, their rights, legal, and equitable, in and to the said lot of land. | ||
| CHAP. LXIII. An act to establish a town in the county of Mercer. [Passed December the 4th, 1787.] |
Town of Danville, in Mercer county Kentucky established. |
| of Mercer, into lots and streets, and sold and conveyed them to the purchasers; and Robert Daniel his brother, to whom his lands descended, hath since the death of the said Walker Daniel, laid off the residue of the said seventy six acres into lots, and sold and conveyed them to the purchasers; and did moreover convey the springs within the said town, to certain persons and their successors, in trust, for the use of those persons who should reside on the said lots, and also conveyed a square of ground to other persons, in trust, for the special purpose of erecting thereon the public buildings of the district. And application being made to the present general assembly, to establish the lots and streets so laid off, into a town, and confirm the said two deeds of conveyance. | |
| II. Be it therefore enacted, That the lots and streets so as aforesaid laid off, shall be, and they are hereby established a town, by the name of Danville, and that John Jouit, William M'Dowell, Harry Innes, Christopher Greenup, Samuel M'Dowell, sen. Abraham Irvin, sen. George Muter, and William Kennedy, gentlemen, be trustees thereof, who, or the major part of them, shall have powerfrom time to time, to settle and determine all disputes concerning the bounds of the said lots, and to establish such rules for the regular building of houses thereon, as to them shall seem best. In case of the death, removal out of the county, or other legal disability of any one or more of the said trustees, it shall be lawful for the remaining trustees to supply such vacancy; and the person so chosen shall have the same power and authority as any one particularly appointed by this act. So soon as the puchasers of lots in the said town shall have respectively built thereon a house sixteen feet square, with a birck or sotne chimney, they shall be entiteld to, and have and enjoy all the rights, privileges, and immunities, which the freeholders and inhabitants of other towns not incorporated, hold and enjoy. | |
| III. And be it further enacted, That the deeds conveying the springs and square of ground within the said town as aforesaid, shall be, and they are hereby declared to be good and valid, for the uses and purposes therein expressed. |
| Pages 558-582
| Pages 603-625
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