Swann Creek warehouse established. 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 dwelling-house sixteen feet square, with a brick or stone chimney, to be finished fit for habitation within three years from the day of sale; and to pay the money arising from the sale of the said land to the said Nicholas Cabell, or his 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, or other legal disability, of any one or more of the said trustees, it shall be lawful for the remaining trustees to elect others in their room, and the person so elected shall have the same power and authority, as if particularly named in this act. V. The purchasers of lots in the said town, so soon as they shall have built upon and saved the same, according to the conditions of their respective deeds of conveyance, shall then be entitled to, and have and enjoy, all the rights, privileges, and immunities, which the freeholders 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. VII. And whereas it is represented that it would be great utility and a public convenience to establish an inspection of tobacco on the lands of the said Nicholas Cabell, on the north side of James river, the proprietor whereof is willing to build the same at his own expence; Be it therefore enacted, that an inspection of tobacco shall be, and the same is hereby, established on the lands of the said Nicholas Cabell, adjoining to the said town of Warminster, on the north side of James river, in the county of Amherst, to be called and known by the name of Swann creek warehouse. VII. There shall be allowed and paid annually to each of the inspectors at the said warehouse, the sum of forty pounds for their salary. The inspectors at the said warehouse upon the delivery of their notes, or an order where they have not issued notes, shall deliver the tobacco for transportation with a manifest for the same, expressing the owners name, the name of the skipper of the batteau or canoe, with the marks, numhers, and weights, of the tobacco, and stamped with the name of the warehouse; which tobacco, with the manifest, shall be delivered to the inspectors at either Byrd's, Shockoe, Rocketts, Manchester, or Rocky Ridge, who are hereby required to receive the same, and enter the said tobacco, agreeable to the manifest, in books to be by them provided and kept for that purpose, and grant their receipts for the same, to the owners thereof, to be delivered for exportation when required. VIII. The inspectors at the last mentioned warehouses, are hereby empowered to examine and weigh any tobacco to them delivered, when required by the owner thereof, and if found to be damaged or embezzled, the same shall not be entered in the books, but remain in the warehouse, subject to the directions of the owners, in like manner as other damaged tobacco.Provided nevertheless, That nothing herein contained shall be construed to prevent the owner of any tobacco, inspected at the said warehouse, from shipping the same, without its being delivered, or re-inspected at, any other warehouse. IX. And be it further enacted, That the inspectors at each of the said warehouses of Byrd's, Shocko, Rocketts, Manchester, or Rocky Ridge, shall demand and receive for all tobacco brought to the said warehouses by virtue of this act, the same warehouse rent, as is allowed for tobacco relanded from on board any vessel, to be appropriated in the manner directed by Jaw for the appropriation of the rent of such relanded tobacco. The impost and duty on tobacco inspected at the said warehouse shall be the same, and collected, accounted for, and paid, in like manner, and under the like penalties, as is directed and prescribed by law for other tobacco inspections. X. And be it further enacted, That when it shall appear to the court of Amherst county, that a sufficient number of houses are built agreeable to law at the said inspection, for the reception of tobacco, they shall then proceed to recommend fit persons to serve as inspectors at the said inspection. XI. Provided always, and be it further enacted. That if the quantity of tobacco inspected at the said warehouse, shall not be sufficient to pay the usual charges and the inspectors salaries, the deficiency shall not be paid by the public. And provided also, that no person shall be obliged to receive any notes in payment for tobacco passed at the said warehouse, in discharge of any tobacco contract heretofore entered into. CHAP. XII. An act to prevent the importation of convicts into this commonwealth. [Passed the 13th of November, 1788.] Importation I. WHEREAS it has been represented to this genof convicts eral assembly by the United States in congress, that a prohibited. practice has prevailed, for some time past, of importing felons convict into this state, under various pretences, which said felons convict so imported have been sold and dispersed among the people of this state, whereby much injury hath been done to the morals, as well as the health, of our fellow-citizens: For remedy whereof, Be it enacted, that from and after the first day of January next, no captain or master of any vessel, or any other person, coming into this commonwealth, by land or by water, shall import, or bring with him, any person who shall have been a felon convict, or under sentence of death, or any other legal disability incurred by a criminal prosecution, or who shall be delivered to him from any prison or place of confinement, in any place out of the United States. II. And be it further enacted, That every captain or master of a vessel, or any other person, who shall presume to import, or bring into this commonwealth, by land or by water, or shall sell or offer for sale, any such person as above described, shall suffer three months imprisonment, without bail or mainprize, and forfeit and pay for every such person so brought and imported, or sold or offered for sale, the penalty of kitty pounds current money of Virginia, one half to the commonwealth, and the other half to the person who shall give information thereof; which said penalty shall be recovered by action of debt or information, in any court of record, in which the defendant shall be ruled to give special bail. CHAP. XIII. An act to amend the act intituled An [Passed the 13th of November, 1788] taxes for o mouth of the I. WHEREAS it is represented that the public taxes Further ap arising within the counties of Harrison and Randolph, propriation of for the year one thousand seven hundred and eighty- pening a road seven, which were appropriated by an act of the Octo- from the state ber 'session, one thousand seven hundred and eighty- road to the six, towards opening a waggon road from the state little Kanaw road, to the mouth of the little Kanawha, have proved ha. inadequate to that purpose; and the commissioners have made application to this present assembly, to appropriate so much of the taxes for the years, one thousand seven hundred and eighty-eight, and one thousand seven hundred and eighty-nine, arising within the said counties, as shall be sufficient, not exceeding the ori ginal appropriation of two thousand pounds; Be it therefore enacted, That the public taxes to be collected in the said counties, for the years one thousand seven hundred and cighty-eight, and one thousand seven hundred and eighty-nine, shall be applied towards opening the said road, under the direction of the commissioners aforesaid, in such manner as shall seem best to promote the public interest. Provided, That the certificates to be granted pursuant to this and the said recited act, shall not exceed the said sum of two thousand pounds, nor shall the sheriffs of the said counties be allowed in the settlement of their accounts with the public, for more certificates than the amount of that sum. II. All proceedings against the sheriffs of the said counties of Harrison and Randolph, respecting the said taxes, shall be suspended until the first day of October, one thousand seven hundred and ninety. CHAP. XIV. An act for forming a new county out of the counties of Greenbrier and Montgomery. [Passed the 14th of November 1788] Kanawha I. BE it enacted by the General Assembly, That county form- from and after the first day of October next, those Greenbrier & parts of the counties of Greenbrier and Montgomery, Montgomery within the following bounds, to wit; beginning at the ed out of mouth of Great Sandy in the said county of Montgomery; thence up the said river with the line of the said county to the mountain generally known by the name of Cumberland mountain; thence a north east course along the said mountain to the Great Kanawha, crossing the same at the end of Gawly mountain; thence along the said mountain to the line of Harrison county: thence with that line to the Ohio river; thence down the said river, including the islands thereof to the be |