quotank, from the mouth thereof to the said cana! shall be forever considered as a common highway free for the use and navigation of all vessels belonging to the state of Virginia or any of its citizens, and that they shall not be subject therein to the payment of any toll or charge whatever imposed for the purpose of raising a revenue. Fifthly. The state of North Carolina agrees that no restriction, duty or impost shall be laid on any commodity which is the growth. produce, or manufacture, of the state of Virginia, passing through the aforesaid waters to the said canal, or brought through the said canal or over the said causeways for sale or exportation, and that the same may be sold or exported without reinspection. In those articles where it is expressed that no duty or impost is to be laid for the purpose of raising revenue it is not to be understood that the imposition of tolls for the purpose of improving the navigation of the said waters is prevented. Sixthly. The state of North Carolina agrees that when any imported goods shall within five months after entry be exported through the said canal or over the said causeways into the state of Virginia, in packages, bales, or casks, as imported, the duties thereof shall be remitted or repaid as the case may be to the exporter on his producing within six months after the aforesaid entry the certificate of the naval officer of Norfolk, that the said goods have been entered there. Seventhly. Imported goods passing from one part of either of the said two states to another part of the same, through any of the waters of the other state, shall not be subject to any duty imposed for the purpose of raising a revenue. Lastly. The citizens of each of the said two states may have the use of the inspections of the other, for the purpose of reinspecting any damaged commodities, which have passed through the said canal, on paying the price of the labour of reinspection and no more.

XXIX. And whereas this general assembly are of opinion that the said compact is made on just and mutual principles for the true interest of both governments.

XXX. Be it therefore enacted, That the said compact is hereby approved, confirmed and ratified, by the general assembly of the state of Virginia, and that every article, clause, matter, and thing, therein contained, shall be obligatory on this state and the citizens thereof,

and shall be forever faithfully and inviolably observed and kept by this government and all its citizens, according to the true intent and meaning of the said compact, and the faith and honour of this state are hereby solemnly pledged and engaged to the general assembly of the state of North Carolina and the government and citizens thereof, that this law shall never be repeated or altered by the legislature of this state, without the consent of the state of North Carolina. Every act or part of an act of assembly which comes within the purview and meaning of this act, shall be, and the same is hereby repealed. This act shall commence and be in force from and after the passing of a like act by the general assembly of North Carolina.

pital estab

Enhed.

CHAP. XIV.

An act for establishing a marine hospital for the reception of aged and disabled seamen.

[Passed December 20, 1787.]

I. WHEREAS the tax imposed on seamen hath Marine hos produced a fund sufficient for the purpose of erecting a hospital for the reception of aged, sick, and disabled seamen, and it is just and proper that the same should be applied to the laudable purpose for which it was originally intended.

II. Be it therefore enacted by the General Assembly, That the governor with the advice of council, shall, and helis hereby authorised to appoint seven commissioners for the purpose of erecting a hospital for the reception of aged, sick, and disabled seamen at Washington in the county of Norfolk. In case of the death, resignation, or refusal to act of any of the said commissioners, the governor with advice of council shall supply such vacancy. The commissioners so to be appointed are hereby empowered to purchase a piece or parcel of land in the said town of Washington, and to contract

for the building thereon a commodious house or houses fit for the reception and accommodation of such aged, sick, and disabled seamen as they may from time to time think proper to admit into the same; to provide a surgeon, keeper and matron to the said hospital, with necessary nurses for the assistance and relief of such poor seamen, and to provide all necessaries for their comfortable support and maintenance, and in general from time to time to make and ordain all such rules, orders, and regulations for the better establishing and governing such hospital as to them shall seem necessary. The said commissioners shall, so soon as they have purchased the land, and contracted for the building of the necessary houses thereon, lay before the executive a clear statement of their proceedings, and an estimate of the expence attending the same, who shall thereupon direct the auditor of public accounts to grant a warrant upon the treasurer to the said commissioners for such sum or sums of money as shall be necessary for the completion of the same, which warrant shall be paid by the treasurer out of the marine fund. The said commissioners shall also once in every three months lay before the executive an account of all the expences incurred in the support of the said hospital, and the same being examined and approved, the governor with the advice of council, shall direct the auditor of public accounts to grant a warrant in the manner before directed, which shall be paid by the treasurer out of the same fund. The commissioners shail continue in office during good behaviour, to be judged of by the executive, and in case any one of them shall be removed, the executive shall supply the vacancy occasioned thereby.

CHAP. XV.

An act directing the sale of certain public lands.

[Passed January 2, 1788.j

Public lands, in James city,

I. BE it enacted by the General Assembly, That the public lands lying in the counties of James City and North

be held.

ampton, for- and Northampton, formerly annexed to the office of merly annexed to office of secretary, shall be, and they are hereby vested in Nasecretary, to thaniel Burwell, Samuel Beall, Dudley Digges, Joseph Hornsby, John Pierce, John Stringer, Littleton Savage, Peter Bowdoin, Edmund Custis, and John Cropper, gentlemen, commissioners, who, or any three of them are hereby authorized and required to make sale of the same in the manner and on the terms hereafter prescribed. Previous notice shall be given of the sale at least sixty days in the Virginia Gazette, and the commissioners shall dispose of the lands by public auction, on the premises, to the highest bidder on the day appointed, if fair. if not, the next fair day, for specie or any of the public securities of this state bearing an interest of six per cent. the commissioners previously agreeing among themselves, and publishing to the bidders at what rate the securities will be received in lieu of specie. The purchasers under this act shall have six months credit for one third of the purchase, twelve months credit for another third, and eighteen months credit for the remaining one third, upon giving bond and security payable to the governor and his successors for the use of the commonwealth: but if the specie or public securities, as the case may be, shall not be paid at the time they become due the commissioners or any one of them may and shall move for a judgment against the purchaser or purchasers, in the court of the county where he or they reside, given ten days notice of such motion.

II. And whereas the year may be considerably advanced before the sale of the lands aforesaid can be effected. Be it further enacted, That the commissioners may if to them it shall appear for the public benefit, rent the same for the year one thousand seven hundred and eighty-eight, and give the purchaser or purchasers possession the first day of January one thousand seven hundred and eighty-nine. The commissioners shall after receiving the full amount of the sales aforesaid execute in behalf of the public, conveyances in fee to the purchasers, and pay the specie and public securities arising from the rents and sales into the public treasury; there to be appropriated and applied in aid of the sinking fund, after deducting two per cent. from the amount of the rents and sales for their trouble, or such of them as may execute the same.

CHAP. XVI.

An act to repeal an act, intituled An act for the establishment of courts of assize and for other purposes.

[Passed January 5, 1788.]

is

Attornies

I. BE it enacted by the General Assembly, That the Act establish act intituled “An act for establishing courts of assize," ing courts of assize repeal. shall be, and the same is hereby repealed. And that ed. so much of every act or acts of assembly as prohibits an attorney from practising at the same time in the su- may practice perior and inferior courts, shall be, and the same in superior & hereby repealed, except only that no attorney shall be but not prosepermitted to prosecute in a superior court, an appeal cute appeals from a judgment or decree of any inferior court, where where they had appeared he shall have appeared in the inferior court for the ap- for the appelpellant.

inferior court

lant.

II. And be it further enacted, That from and after. Number of the first day of July next, the presence of five judges of stitute genejudges to con the general court shall be necessary to constitute a ral court. court any law to the contrary notwithstanding.

CHAP. XVII.

An act for the relief of persons who have been or may be injured by the destruction of the records of county

courts.

[Passed the 17th of December, 1787]

1. WHEREAS the records of several county courts within this commonwealth, and other papers of consequence, have been or may be destroyed by fraud, accident, or otherwise, to the great injury of the citizens of this commonwealth: For relief therefore of such persons whose estates, titles, or interests have been or may be affected thereby,

VOL. XII.

N 3

Preamble.