enacted, "that the treasurer be directed in addition to the subscriptions he is already authorized to make to the respective undertakings for opening the navigations of Potowmack and James rivers, to subscribe to the amount of fifty shares to the former and one hundred shares to the latter, to be paid in like manner with the subscriptions above mentioned; and that the shares so subscribed be and the same are hereby vested in George Washington, esq. his heirs and assigns forever, in as effectual a manner as if the subscriptions had been made by himself or by his attorney." And whereas, the said George Washington, esq. in his letter addressed to the governor, which has been laid before the general assembly, hath expressed his sentiments thereupon, in the words following, to wit:"Your excellency having been pleased to transmit me His letter de a copy of the act appropriating to my benefit certain clining the shares in the companies for opening the navigation of donation. James and Potowmack rivers, I take the liberty of returning to the general assembly, through your hands, the profound and grateful acknowledgments, inspired by so signal a mark of their beneficent intentions towards me. I beg you, sir, to assure them, that I am filled on this occasion with every sentiment which can How from a heart warm with love for my countrysensible to every token of its approbation and affection; and solicitous to testify, in every instance, a respectful submission to its wishes: With these sentiments in my bosom, I need not dwell on the anxiety I feel, in being obliged, in this instance, to decline a favour, which is rendered no less flattering by the manner in which it is conveyed, than it is affectionate in itself. In explaining this obligation, I pass over a comparison of my endeavours in the public service with the many honourable testimonies of approbation which have already so far over-rated and over-paid them; reciting one consideration only, which supersedes the necessity of recurring to every other. When I was first called to the station with which I was honoured during the late conflict for our liberties-to the diffidence which I had so many reasons to feel in accepting it, I thought it my duty to join to a firm resolution to shut my hand against every pecuniary recompence; to this resolution I have invariably adhered-from this resolution (if I had the inclination) I do not consider myself at liberty to de

Shares to be

part. Whilst I repeat, therefore, my fervent acknowledgments to the legislature for their very kind sentiments and intentions in my favour, and at the same time beg them to be persuaded, that a remembrance of this singular proof of their goodness towards me, will never cease to cherish returns of the warmest affection and gratitude, I must pray, that their act, so far as it has for its object my personal emolument, may not have its effect: But if it should please the general assembly to permit me to turn the destination of the fund vested in me, from my private emoluments, to objects of a public nature, it will be my study in selecting these, to prove the sincerity of my gratitude for the honour conferred on me, by preferring such as may appear most subservient to the enlightened and patriotic views of the legislature." And whereas the desire of the general assembly to mark by the provision above mentioned, their sense of the illustrious merits of the said George Washington, esq. at the same time that it is strengthened by this fresh and endearing proof of his title to the gratitude of his country, is superseded by their respect for his disinterested wishes and patriotic views:

II. Be it enacted, That the said recited act, so far as it vests in George Washington, esq. and his heirs, the shares therein directed to be subscribed in his name, shall be, and the same is hereby repealed.

III. And be it further enacted, That the said shares appropriated with the tolls and profits hereafter accruing therefrom, to such ob. shall stand appropriated to such objects of a public jects of a pub lic nature, as nature, in such manner, and under such distributions, Gen Wash as the said George Washington, esq. by deed during ington, by his life, or by his last will and testament, shall direct and deed or will, appoint.

may direct.

CHAP. XII.

An act to suspend the operation of the act, intituled An act for the establishment of the courts of assize.

BE it enacted by the General Assembly, That the Act establish. ing court of operation of the act, intituled "An act for the estabass ze, susblishment of courts of assize," be, and the same is pended. hereby suspended until the first day of January, one thousand seven hundred and eighty-seven; and that in the mean time the general court shall proceed in all things, in the same manner as if the said act had never passed.

CHAP. XIII.

An act empowering the governor, with the advice of the privy council, to grant conditional pardons in cer

lain cases.

to criminals

I. BE it enacted by the general assembly, That it Governor and shall be lawful for the governor, and he is hereby em- council may powered, with the advice of the council of state, to par- grant pardon don or reprieve any person or persons adjudged or sentenced to sentenced to suffer death for a felonious offence, upon death, on such conditions of bodily labor to be performed by each condition of performing person so pardoned or reprieved, as to the governor, labour. with the advice of council, shall seem proper. Provided always, That no conditional pardon shall be granted by the governor, for murder or treason.

tified and ex

II. And be it further enacted, That if any person In case of espardoned or reprieved by the executive, on condition cape the parof hard labour to be performed by such person, shall ty to be iden make his or her escape during the term of his or her ecuted, condemnation to such labour, it shall and may be lawful for the governor, by proclamation, to declare such

Limitation of act.

person to be out-lawed, and it shall thereafter be lawful for any person to kill or in any manner to destroy such out-law, without being liable to any pain or penalty for so doing; or to apprehend and return him or her to the public jail of this commonwealth, where he shall be safely kept until the next succeeding general court, when the attorney general shall cause the identity of such out-law to be ascertained by the verdict of a jury, which being found, the court shall direct their former sentence passed upon such person to be carried into execution, at any time within ten days after such sentence shall be revived.

III. This act shall continue and be in force, from the passing thereof, until the last day of December, one thousand seven hundred and eighty-six, and no longer.

Preamble,

Vessels and

CHAP. XIV.

An act for better securing the revenue arising from customs.

I. WHEREAS many frauds have been practised and committed by the owners or commanders of vessels trading to this commonwealth, by their failing to enter the same according to law, whereby great loss has resulted to the public on the duties payable on goods, wares, and merchandize: For remedy whereof in future,

II. Be it enacted, That if the owner or commanding officer of any vessel trading to this state, shall fail goods not entered and du- to enter the same, together with her cargo, in the manties paid or se ner prescribed by law, and pay or secure to be paid cured, liable the duties arising thereon, such vessel, together with her rigging, tackle, apparel, and furniture, and such part of the cargo as shall not have been duly entered, shall be liable to be seized by any person or persons who shall detect such vessel; to be prosecuted and condemned before the court of admiralty, one half to the

to seizure

and condem

nation,

use of the informer, and the other half to the use of the commonwealth.

Lower dis

trict of James river, and dis

III. And be it further enacted, That the lower district of James river shall from and after the passing of this act, extend from Back river point up James ri- trict of Elizaver, including the several creeks and inlets thereof; and beth river asthat the district of Elizabeth river shall commence at certained. Cape Henry, and extend upwards on the south side of James river, including the several creeks and inlets thereof.

State boats

Liberty and

IV. And be it further enacted, That the governor, with advice of council, shall commission the necessary Patriot, to be officers for the state boats Liberty and Patriot, and di- put in comrect the number of men for each, together with so ma- mission. ny searchers as they shall think necessary, and make a reasonable allowance to them for their services.

V. And be it further enacted, That the naval-office commonly called the upper district of James river, shall be, and the same is hereby discontinued.

Naval office

of upper dis

trict of James river abolish

Libellants when not lia

ble to costs.

VI. And be it further enacted. That if any vessel ed. and cargo shall be libelled by any person or persons for not entering the same agreeable to law, and upon trial, such libel shall be dismissed with costs, such costs shall not be taxed against nor recovered of the libellant or libellants, nor shall they be liable for any damages in consequence of such seizure; provided the court shall be of opinion that there was probable cause for making the same:

CHAP. XV.

An act giving powers to the governor and council in certain cases.

Governor & council may apprehend &

BE it enacted by the General Assembly, That it secure suspicious persons shall and may be lawful for the governor, with the adsubjects of vice of the council of state, to apprehend and secure, or powers,atwar cause to be apprehended and secured, or compelled to with the Unidepart this commonwealth, all suspicious persons, be- ted States or ing the subjects of any foreign power or state, who shall to depart.

compel them