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Academy, to raise, by lottery, a sum of money not exceeding five hundred pounds, for the purpose of supporting the said academy, and repairing and making additions to the buildings.

CHAP, XCI.
An act to establish a town in the coun-

ty of Bourbon.

[Passed the 11th of December, 1787.] I. BE it enacted by the General Assembly, That Town of one hundred acres of land, lying on the lower side of a

"Bourbon Limestone creek, in the county of Bourbon, the pro- county, Ken. perty of John May and Simon Canton, are hereby ves- tucks, estaba ted in Daniel Boone, Henry Lee, Arthur Fox, Jacob lished Boone, Thomas Brooks, and George Milord, genilemen, trustees, to be by them, or a inajority of them, laid off into lots of half an acre each, with convenient streets, and established a town by the name of Maysville.

II. So soon as the said land shall be laid off into lots and streets, the 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 being previously advertised at the courthouse of the said county on three successive court-days; and convey the said lots to the purchasers in fee, subject to the condition of building on each a dwellinghouse 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 the sale of the said lots to the said John May and Simou Canton, or their legal representatives.

III. 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 establish such rules for the regular building of houses thereon, as to them shall seem best and most convenient.

IV. In case of the death, removal out of the county, or other legal disability, of any one or more of the said Von X

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trustees, it shall be lawful for the remaining trustees to elect others in their room; and the persons so elected shall have the same power and authority as if particolarly named in this act.

V. The purchasers of lots in the said town, so soon as they have built upon and saved the same, according to the conditions of their respective deeds of convey. ance, shall then be entitled to, and have and enjoy, all

the rights, privileges, and immunities which the free· holders and inhabitants of other towns in this state, not incorporated, hold and enjoy.

Vi. 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.

CHAP. XIII.
An act appointing commissioners to

receive such proof, as may be ad-
duced by certain persons with re.
spect to the destruction of their pro.
perty in the borough of Norfolk in
the year 1776.

[Passed the 3d of January, 1788,] 1. WHEREAS hy an act passed by the general as

sembly in May, one thousand seven hundred and seProof of deg. truction of venty seven, commissioners were appointed to ascerproperty in tain the losses sustained by the late inhabitants of the Norfolk, in borough of Norfolk, by the destruction of their houses, certained.

So which said commissioners made a report of their pro

ceedings to the general assembly held in October, one thousand seven hundred and seventy eight: And whereas the general assembly did, by a resolution passed at the last mentioned session, direct that the claims of certain persons should be postponed for further proof, and it is expedient that persons should be appointed to receive such proof:

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II. BE it therefore enacted by the General Assembly, That Miles King, George Booker, Samuel Griffin, Willis Riddick, John Howel Brigs, Edwin Gray, and James Wilkinson, gentlemen, or any three of them, shall be, and they are hereby appointed, commissioners to receive such proof as may be adduced in support of those claims which by the resolution above recited were postponed for further proof. The said commissioners shall severally take an oath before a magistrate well and faithfully to discharge the trust hereby reposed in them, and shall have power to send for any pa. pers or records, and to summon before them any witnesses for their information. Every witness so summoned and attending the said commissioners, shall receive the same allowance for his attendance as is settled by law for a witness attending a county couri; to be paid by the party summoning such winess. Every witness failing to attend upon such summons, shali forfeit to the party, al whose request he was summoned, the sum of ten pounds, to be recovered by motion in the court of the county where such witness resides; provided the said witness has ten days notice of such inotion, and cannot when such motion is made make a reasonable excuse for such non-attendance. The commissioners hereby appointed shall make a report of their proceedings to the executive, to be laid before the general assembly at their next meeting.

III. Provided always, That no claim of any person or persons whatsoever, which shall have been presented to, and rejected by, the general assembly at any time heretofore, shall be admitted or allowed by the said commissioners,

CHAP. XCIII.

An act to authorise the court of Acce.

mack county, to levy a sum of money for the use of Charles Bag. well and the executors of Aleran. der Stockley.

(Passed the 20th of Norember, 1787.]

1. WHEREAS 1: has been represented to the preCourt of Aco.

sent general assembly, that in the year one thousand thorised to seven hundred and seventy-two, Charles Bagwell and levy money Alexander Stockley were church-wardens of the parish for Charles

of Accomack, in the county of Accomack; and that exes, of Alex- they did, by virtue of an order from the said vestry, ander Stock. contract with a certain James Twiford to build a ley.

church in the said parish; and whereas the said vestry did afterwards refuse to perniit the said church to be built, or to pay the said James Twisord for the materials which he had provided; in consequence whereof, the said Twisord commenced a suit against the said Charles Bagwell and Alexander Stockley, in the court of the said county, and hath recovered a judgment a. gainst them for the sum of one hundred and twentyfive pounds current money, and nine hundred and sixty-five pounds of tobacco, and fifteen shillings, for his costs; and it is just and right that the amount of the said judgment should be refunded to them:

II. Be it therefore enacted by the General Assembly, That the justices of the said county of Accomack shall, at the laying of their next county levy, levy the said sum of one hundred, and twenty-five pounds current money, and nine hundred and sixty-five pounds of 10bacco, and fifteen shillings, upon the tithable persons of the said parish of Accomack, deducting therefrom the said Charles Bagwell's and Alexander Stockley's proportion of the said levy. The said money shall be collected and accounted for in like manner as the county-levy, and shall be paid to the said Charles Bagwell and the executors of the said Alexander Stockley, in proportion to the sums thai shall respectively be paid by them in discharge of the judgment aforesaid.

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| CHAP. XCIV. An act for forming a new county of

the counties of Augusta, tlurdy, and Rockingham.

[Passed the 4th of December, 1787.]. 1. BE it enacted by the General Issembly, That from and after the firsi day of May nexl, all those parts curity formof the counties of Augusta, Hardy, and Rockingham, es out of 11within tlie following bounds, to wit: Beginning on the bar

glisia, tlardy,

ini line of Rockinghain county, on the North mountain, ham opposite to Charles Wilson's on the South Forks, thence a straight line to the Clay Lick on the North Fork, thence to the top of the Allegana, and along the same and the east side of the Greenbrier-waters to the south west fountain of the South Branch, and thence between the same and the waters of James-River, along the dividing ridge to the said North mountain, and with the top of the same to the beginning, shall form one distinct county, and be called and known by the name of Pendleton.

II. A court for the said county of Pendleton shall be held by the justices thereof on the first Monday in every month, after such county shall take place, in like manner as is provided by law for other counties, and shall be by their commissions directed. And the court of quarterly sessions ior the said county of Pendleton, shall be held in the months of April, June, September, and December, in every year.

Ill. The justices to be named in the commission of the peace for the said county of Pendleton, shall meet at the house of Zariah Stratton in the said county, upon the first court-day after the said county shall take place, and having taken the oaths prescribed by law, and administered the oath of office to, and taken boud of the sheriff according to law, proceed to appoint and qualify a clerk, and fix upon a place for holding courts in the said county, at or as near the centre thereof as the situation and convenience will admit of; and thenceforth the said court shall proceed 10 erect the necessary public buildings at such place; and until such buildings be completed, to appoint any place for hold

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