nals around

mack.

river, from the mouth thereof upwards to the north cutting ca fork, shall be allowed the further time of one year, mill dams on from and after the first day of January, one thousand South Branch seven hundred and eighty-seven, to make and fix in of Potoweach mill-dam a proper slope for the passage of fish, and moreover to cut, or cause to be cut, a canal or race, by the means of which boats navigated in the said river may conveniently and safely pass up or down the same, without being impeded by such mill dams; any thing to the contrary thereof, contained in the act, intituled, "An act for improving the navigation of the South Branch of Potowmack river," notwithstanding.

CHAP. LXXV.

An act to vest the lands whereof John Askins died seized, in Mary Arvin, his mother.

I. WHEREAS it is represented to this present ge

neral assembly, that John Askins, the only and natural Lands where son of Mary Arvin, hath lately departed this life, in-kins died seitestate and without issue, whereby his lands have been zed,vested in or are liable to be escheated and vested in the common- his mother, wealth; and whereas the said Mary Arvin hath made Mary Arvin. application that the said lands may be vested in her, which it is judged expedient and reasonable to do:

II. Be it therefore enacted, That the lands of which the said John Askins died seized, shall be, and they are hereby vested in his mother, the said Mary Arvin, in fee; any law to the contrary, notwithstanding.

III. And be it further enacted, That the said Mary Arvin shall, within twelve months after obtaining patents for the same, convey such parts of the said lands as were sold by the said John Askins before his death, to the persons who purchased the same, or their legal representatives. Provided always, That nothing herein contained shall be construed to injure or affect

the right or title of any person or persons, bodies ро litic or corporate, their heirs or successors, in or to the said lands.

Lottery au

CHAP. LXXVI.

An act to authorise the Cabin-Point Lodge of Free Masons to raise a sum of money by way of lottery.

BE it enacted by the General Assembly, That it shall thorised for and may be lawful for the members of the CabinCabin Point Point Lodge of Free Masons, in the county of Surry, Lodge of Free Masons. to raise by way of lottery, under the direction of Billy

Haley Avery, John Howell Briggs, James Belsches, senior, James Willison, and Archibald Dunlop, gentlemen, who, or any three of whom, shall superintend the same, a sum not exceeding five hundred pounds, for the purpose of building a Mason's hall.

Academy established on

the Eastern shore.

CHAP. LXXVII.

An act to establish an Academy on the
Eastern shore.

BE it enacted by the General Assembly, That it shail and may be lawful for George Corbin, Isaac Avery, Thomas Evans, Littleton Savage, Levin Joynes, Griffin Stith, Abel Upshur, Littleton Eyre, George Parker, John Harmanson, Edward Kerr, and John Cropper, jun. gentlemen, who are hereby constituted trustees, to take and receive all such sums of money as have been or may be subscribed, and the same to dispose of towards procuring and establishing a seminary of learning either in the county of Accomack or Northampton, as to a majority of the said trustees

shall seem most expedient. The said trustees and their successors shall have power and capacity to purchase, receive and possess, lands & tenements, goods and chattels, either in fee or any lesser estate therein, and the same to grant, let, sell or assign; and to plead and be impleaded, prosecute and defend all causes, in law or equity, by the name of the Trustees of Margaret Academy. The said trustees, or a majority of them, when assembled, shall have power to make and establish such byelaws and ordinances as they shall think best for the good government of the said academy, and to perform and do any thing respecting the propeply vested therein; provided such bye-laws and ordnances shall not be inconsistent with the laws and constitution of this commonwealth. They shall choose a president and secretary out of their own body; and in case of vacancy, by death or otherwise, of any one or more of the said trustees, the same shall be supplied by a majority of the remaining trustees, so as to keep up the number of seven in the county of Accomack, and the number of five in Northampton.

CHAP. LXXVIII.

An act for vesting in James Mercer, esq; certain lands whereof George Mercer died seized.

whereof

James Mer

cer.

I. WHEREAS it is represented to this present general assembly by James Mercer, esquire, eldest bro- Certain lands ther and heir at law of George Mercer, late of the city George Merof London, deceased, that the said George Mercer de- cer died seiparted this life at London aforementioned, in the zed,vested in month of April, in the year of our Lord one thousand seven hundred and eighty-four, seized of certain small parcels of land within this commonwealth, which then were and still are in possession of the said James Mercer, as attorney in fact for the said George Mercer, and which, in case of the intestacy of the said George Mercer, would descend to the said James Mercer, as heir of the said George Mercer. And also whereas it is sup

posed that the said George Mercer made a will in writing, as and for his last will, a private copy whereof has been transmitted to the said James Mercer, bearing date at London aforementioned, on the first day of September, one thousand seven hundred and seventy, by which will it appears that the said George Mercer devised all his real and personal estate within this commonwealth, which was at that time very considerable, unto the said James Mercer, in fee-simple, except a few very inconsiderable legacies in the said will mentioned, and also excepting a certain part of his real estate, which he devised unto Edward Montague, esq; of Lincoln-Inn Field, in the said city of London, and unto James Whyte, esquire, of Bride-street, in the city of Dublin, upon trust, to secure the payment of certain debts, limiting a remainder therein, after those purposes should be answered, to the said James Mercer in fee-simple, constituting the aforenamed Edward Montague, James Whyte, and James Mercer, sole executors of the said will. And also whereas it is represented, that the trust devised to the said Montague and Whyte, was by subsequent acts of the said George Mercer in his life time made void, by which the whole estate · would, under the will aforesaid, become immediately vested in the said James Mercer, but the said James Mercer being unable to procure the said original will, the same being destroyed or suppressed, he cannot act under the said will, nor can the said James Mercer act in the character of heir at law, lest the said will should hereafter be produced and established, and the trustinterest of the said Montague and Whyte be adjudged to be a subsisting lien on the estate of the said George Mercer, which would render void all the actings of the said James Mercer, as heir at law, to the great detriment of the said James Mercer, and to the manifest prejudice of all the creditors of the said George Mercer, who are said to have claims far beyond the value of the whole estate, of which the said George Mercer died seized. Aud also, whereas the real estates of which the said George Mercer died seized, yield no profit, being unimproved, and are subject to certain loss for public taxes, and the interest which would arise from their value, in case the same were sold; and the said James Mercer being willing to stand chargeable to any claimant, who may bereafter be proved to have a spe

cific claim on such lands, either by mortgage, or under the will aforesaid, for the value such lands shall actually sell for, deducting reasonable charges attending such sales; and it will be manifestly to the interest of the creditors of the said George Mercer to ensure purchasers by removing all doubts touching the title of the said James Mercer, to sell the said lands, which will greatly enhance the value thereof;

II. Be it enacted, That all the interests, which were of the said George Mercer, deceased, at the time of his death, in real or personal estate within this commonwealth, either in law or equity, be, and the same are hereby vested in the afore-named James Mercer, his heirs and assigns, as heir to the said George Mercer, as fully and absolutely as if the said George Mercer had actually departed this life intestate, and at the time of his death had been actually a resident citizen within this state. Provided always, That so soon as the said will, or any last will of the said George Mercer, shall be proved and established at law, that then and thenceforward such last will shall have the same effect as it' this act was then repealed, and the interest of the said James Mercer, as heir at law, shall then cease and determine.

III. And be it further enacted, That from and after the passing of this act, and until a will of the said George Mercer shall be established, it shall and may be lawful for the said James Mercer to sell and dispose of any or all of the lands, which were the said George Mercer's at the time of his death, and being within this commonwealth, by way of public auction, and upon twelve months credit, and to convey the absolute estate in such lands to the purchaser, such purchaser giving bond with sufficient security for the purchase money, payable to the said James Mercer, as heir of the said George Mercer. Provided always, That the said James Mercer shall, before any such sale, enter into bond with sufficient security, to be approved of by the corporation court of the town of Fredericksburg, in such penal sum as the said court shall direct, with condition for paying the produce of the sales of such lands to such person or persons as hereafter may be adjudged to have had the best title thereto, either by mortage, or last will of the said George Mercer; which bond shall be made payable to