ing courts, as they shall think, proper. Provided always, That the appointment of a place for holding courts and of a clerk, shall not be made unless a majority of the justices of the said county be present; where such majority shall have been prevented from attending by bad weather, or their being at the time out of the county, in such case the appointment shall be postponed until some court day when a majority shall be present.

IV. The governor, with advice of the council, shall appoint a person to be first sheriff of the said county, who shall continue in office during the term, and upon the same conditions as are by law appointed for other sheriffs.

V. Provided also, and be it further enacted, That it shall be lawful for the sheriffs of each of the said counties of Augusta, Hardy, and Rockingham, to collect and make distress for any public dues and officers fees which shall remain unpaid by the inhabitants thereof, at the time the said county shall take place, and shall be accountable for the same in like manner as if this act had not been made.

VI. And the courts of the said counties shall have jurisdiction of all actions and suits which shall be depending before them at the time the said county of Pendleton shall take place; and shall try and determine the same, and award execution thereon.

VII. In all future elections of a senator, the said county of Pendleton shall be of the same district as the county of Augusta.

CHAP XCV.

An act for establishing an academy, and incorporating the trustees thereof.

[Passed the 31st of December 1787]

Randolph a. 1. WHEREAS the inhabitants of the counties of cademy esta. blished and Harrison, Monongalia, Randolph, and Ohio, are, from Incorporated, their remote situation, deprived of the advantages aris

ing from the establishment of the public seminaries within this state; and it is just and reasonable that the one sixth of the fees of the surveyors of the said counties, which are now applied towards the support of William and Mary college, should be applied to the establishment of a public seminary within one of the said counties;

II. Be it therefore enacted by the General Assembly, That his excellency Edmund Randolph, Benjamin Harrison, Patrick Henry, Joseph Prentis, James Wood, George Mason, George Nicholas, John Harvey, Thomas Matthews, William Ronald, Henry Banks, William M'Clerry, John Evans, William John, Francis Worman, John Pearce Duvall, George Jackson, Benjamin Wilson, Nicholas Carpenter, John Powers, Archibald Woods, Moses Chapline, Ebenezer Zane, David Chambers, John Wilson, Jacob Westfall, junior, Robert Maxwell, and John Jackson, junior, gentlemen, shall be, and they are hereby constituted a body politic and corporate, to be known by the name of "The trustees of the Randolph academy," and by that name shall have perpetual succession and a common seal.

III. The said trustees shall hold their first session at Morgan-town in Monongalia county, on the second Monday in May next; and they shall then, or as soon after as conveniently may be, fix upon some healthy and convenient place within one of the counties of Harrison, Monongalia, Randolph, or Ohio, for the purpose of erecting thereon the necessary buildings for the said academy.

IV. The before named trustees and their successors, by the name aforesaid, shall be capable in law to purchase, receive, and to hold to them and their successors forever, any lands, tenements, rents, goods, or chattels of what kind soever, which shall be given or devised to, or purchased by them for the use of the said academy, and to sell and dispose of the same in such manner as to them shall seem most conducive to the advantage of the said academy; except such lands as shall be given to the said academy by this commonwealth, which shall not be aliened without leave first obtained from the legislature.

V. The said trustees, by the name aforesaid, may sue and be sued, plead and he impleaded, in any court of law or equity.

VI. They shall have power from time to time to est tablish such bye-laws, rules, and ordinances, not contrary to the constitution or laws of this commonwealth, as they shall deem necessary for the government of the said academy.

VII. The said trustees shall elect a president, treasurer, clerk, ard so many professors and masters as may be necessary.

VIII. The president and other officers shall have fixed salaries and continue in office during good behaviour, to be judged of by the trustees, and they shall be ineligible as trustees so long as they continue in office. The said trustees shall hold two stated sessions in every year at the said academy at such times as they shall think most convenient; and in case a sufficient number do not attend to proceed to business, they may adjourn to the next session, or to any shorter time.

IX. In cases of emergency the chairman at the request of any of the trustees shall call a meeting.

X. Not less than seven of the said trustees shall constitute a board to determine upon any matter relative to the establishment, government or support of the said academy, or to the appointment of the officers and professors thereof, orthe fixing their salaries; and no real estate belonging to the said academy shall be disposed of unless eleven of the said trustees shall concur in opinion thereupon.

XI. The treasurer shall receive all monies accruing to the said academy and property delivered to his care, and pay or deliver the same to the order of the board of trustees; and before he enters on the execution of the duties of his office shall give bond and security for such sum as the trustees shall direct, payable to them and their successors, and conditioned for the faithful discharge of the trust reposed in him; and that he will, when required by the board of trustees, render to them a true account of all monies, goods, and chattels received by him on account of, and for the use of, the said academy.

XII. The trustees, the president, professors, and other officers shall, before they enter on the execution of the duties of their office, take the oath of fidelity to the commonwealth, and an oath that they will faithfully discharge the trust reposed in them. The said

waths shall be administered to the said trustees in the courts of the counties respectively in which they reside, and to the president, professors, and other officers, by the chairman of the board of trustees.

XIII. Upon the death, resignation or other legal disability of any of the said trustees, or of the president or other officers of the said academy; or in case any of the said officers shall be removed from office for any misconduct, the trustees shall, at their next or any succeeding session, supply the vacancy occasioned thereby.

XIV. The surveyors of the said counties of Monongalia, Harrison, Randolph, and Ohio, shall not be accountable to the president and masters of William and Mary College, for any part of the fees which shall accrue to them after the first day of January, in the year one thousand seven hundred and eighty-eight: And the bonds given by them for the yearly payment of one-sixth part of their fees to the president and masters of the said college, shall be, and are hereby declared to be null and void, so far as relates to the fees which shall become due to them after the said first day of January, in the year last mentioned.

XV. Each of the surveyors of the said counties shall, within one month after he shall be required by the board of trustees, give bond with sufficient security in a reasonable sum, for the yearly payment of one-sixth part of the fees which shall become due to him after the said first day of January, to the said trustees; and in case any one of the said surveyors shall fail or refuse to give such bond and security, he shall forfeit and pay to the said trustees the sum of one hundred pounds, to be recovered by motion in the court of the county of such surveyor, upon giving him ten days previous notice of such motion: And each of the said surveyors shall annually forfeit and pay the like sum to the said trustees, to be recovered in the same manner, until he shall give such bond and security.

:

One sixth of surveyors fees in Ken

tucky paya

ble to Tran. sylvania sem. inary.

CHAP. XCVI.

An act appropriating one sixth of the surveyors fees in the Kentucky district, to the use of the Transylvania Seminary.

[Passed December 13th, 1787.]

1. BE it enacted by the General Assembly, That the one-sixth of the surveyors fees hereafter arising, within that part of this commonwealth, called and known by the name of the Kentucky district, instead of being paid to the professors of William and Mary College, shall be paid by the surveyors thereof, to the trustees of the Transylvania Seminary, to be by them applied to the use of the said seminary, to be accounted for by the surveyors within the said district, and recovered by the said trustees in like manner as they were accounted for and recovered by the said profes sors: Any law, usage or custom to the contrary thereof, notwithstanding.

CHAP. XCVII.

An act for regulating the rights of cities, towns, and boroughs, and the jurisdiction of corporation courts.

[Passed January 8th, 1788]

I. WHEREAS the accumulating, different and disOfficers of tinct offices of power and authority in the same per corporation incapable of sons, has a tendency to introduce abuses, and to creacting as jus ate an improper and dangerous influence in a few individuals, contrary to the spirit and genius of republican government, and naturally productive of oppression, and subversive of liberty: Be it therefore enacted

tice, in the County.