CHAP. XXIII.

An act to repeal part of an act, directing the trial of slaves committing capital crimes, and for the more effectual punishing conspiracies and insurrections of them, and for the better government of negroes, mulattoes or indians, bond or free.

[Passed the 21st of November, 1788]

ed.

BE it enacted, That so much of an act, intituled "An act directing the trial of slaves committing capi- Act, declar, tal crimes, and for the more effectual punishing con- ing the kilspiracies and insurrections of them, and for the better ling of a slave, by cor government of negroes, mulattoes, and Indians, bond rection, to be or free." as declares, that “Where any slave shall hap- manslaughter pen to die by reason of any stroke or blow during his only, repealor her correction, by his or her owner, or by reason of any accidental blow whatsoever given by such owner, no person concerned in such correction or accidental homicide, shall be liable to any prosecution, or punishment for the same, unless upon examination before the county court, it shall be proved by the oath at least of one lawful and credible witness, that such slave was killed wilfully, maliciously, or designedly; and no person indicted for the murder of a slave, and upon trial found guilty of man-slaughter only, shall incur any forfeiture or punishment for such offence or misfortune;" shall be, and the same is hereby repealed. '

CHAP. XXIV.

An act to repeal an act, intituled An act to vest certain escheatable property in the children of William Short, deceased.

Act vesting certain es. cheatable property in the children

[Passed the 24th of November, 1788] WHEREAS it was represented to the general as of Wm Short sembly, in the year of our Lord, one thousand seven

VOL. XII.

L 4

repealed.

hundred and eighty-two, that a certain George Ker had died intestate, possessed of sundry slaves, which had become escheatable to the commonwealth, the heir at law of the said George Ker having, previous to the late war, removed himself to some part of the British dominions, and not having then returned; in consequence whereof, an act was passed for vesting all the slaves whereof the said George Ker, died possessed, in the children of William Short, deceased. And whereas Edward Ker, junior, the heir at law of the said George Ker, deceased, has lately returned to this commonwealth, and it is just that the above-mentioned act should be repealed, that the said Edward Ker, junior, may be at full liberty to prosecute his right to the slaves therein mentioned: Be it therefore enacted by the General Assembly, That the act passed in the year of our Lord, one thousand seven hundred and eighty two, intituled "An act to vest certain escheatable property in the children of William Short, deceased," shall be, and the same is hereby repealed.

lumbia, at Point of

Fork, in Flu. vanna county

CHAP. XXV.

An act establishing a town on the lands of David Ross, at the Point of Fork.

[Passed the 25th of November, 1788,]

1. BE it enacted by the General Assembly, That Town of Co. one hundred and fifty acres of land, at the confluence of the Fluvanna and Rivanna rivers, commonly called the Point of Fork, the property of David Ross, shall be, and they are hereby, vested in Thomas Pleasants, established. senior, Thomas Fleming Bates, Robert Lewis, senior, George Thompson, Tunstall Quarles, Samuel Richardson, and Duncan M'Lauchlan, gentlemen, trustees, to be by them, or any four of them, laid off into lots, with convenient streets. and shall be established a town, by the name of Columbia.

II. So soon as the said one hundred and fifty acres of land shall be so laid off into lots and streets, the said trustees, or a major part of them, shall proceed to sell the lots, at public auction, on terms to be prescribed by the proprietor, for the best price that can be had, the time and place of which sale shall be previously advertised for two months at the doors of the courthouses of Fluvanna and Goochland counties. The purchasers of the said lots respectively shall hold the same, subject to the condition of building on each a dwelling-house sixteen feet square at the least, with a brick or stone chimney, to be finished fit for habitation within four years from the day of sale. The said trustess, or a major part of them, shall convey the said lots to the purchasers in fee-simple, subject to the condition aforesaid, and shall pay the money or bonds arising from the sale thereof, to the said David Ross, or his legal representatives.

III. The said trustees, or a major part of them, shall have power to settle and determine from time to time, all disputes concerning the bounds of the said lots, and to make such regulations for the regular building of houses thereon, as to them shall seem most proper.

IV. In case of the death, removal out of the counties of Goochland or Fluvanna, or other disability, of any of the said trustees, it shall be lawful for the others to supply such vacancy, and the persons so chosen, shall have the same power and authority, as those named in

this act.

V. The purchasers of the lots, when they shall have built upon the same, according to the conditions of their deeds, shall have the same rights, privileges, and immunities, that the inhabitants of other towns within this commonwealth, not incorporated, hold and enjoy.

VI If the purchaser of any lot shall fail to build thereon, according to the condition of his deed, the trustees, or a major part of them, may thereupon enter into such lot, and sell the same again, and apply the money arising therefrom, in such manner as shall appear most advantageous to the said town. Provided

always, That nothing herein contained, shall be construed or taken to give the said trustees a power to dispose of such lots of the said one hundred and fifty acres, as have been laid out and built upon by the present proprietor.

Town of

in Prince

William

lished.

CHAP. XXVI.

An act for establishing a town on the lands of Willoughby Tebbs, in the county of Prince William.

[Passed the 27th of November, 1788.]

1. BE it enacted by the General Assembly, That Carrborough, fifty acres of land, lying on the south side of the mouth of Quantico creek, and on Potowmack river, in the county estab County of Prince William, the property of Willoughby Tebbs, so soon as he shall lay off the same into lots of half an acre each, with convenient streets, be established a town, and called and known by the name of Carrborough. That Cuthbert Bullit, William Carr, John Hedges, Spence Grayson, John Linton, William Linton, William Grayson, Burr Harrison, and John Cannon, gentlemen, are hereby constituted trustees of the said town, who, or a majority of them, shall, from time to time, settle and determine all disputes concerning the bounds of the lots, and have power to establish such rules and orders for the regular building of houses thereon, as to them shall seem best.

II. In case of the death, removal out of the county, 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 stead, who shall be vested with the same power and authority as any one in this act particularly appointed.

III. And be it further enacted, That so soon as the purchasers of lots in the said town shall have built thereon a dwelling house sixteen by twelve feet, with a brick or stone chimney, they shall respectively 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.

CHAP. XXVII.

An act for incorporating an academy, in the county of Fauquir.

[Passed the 28th of November, 1788]

I. FOR incorporating the academy at or near the Warren aca. courthouse, in the county of Fauquier, Be it enacted by demy in Fauthe General Assembly, That William Edmonds, Mar- quer cor tin Picket, Francis Whiting, Elias Edmonds, Edward porated. Digges, Thomas Digges, Gustavus Browne Horner, William Picket, Humphrey Brooke, and William Stoart, gentlemeu, and those hereafter to be elected, and their successors for ever, are hereby made and constituted a body corporate and politic, by the name of the trustees of Warren academy. They shall have power and capacity to purchase, receive, and possess lands and tenements, goods and chattels, either in fee or any lesser estate therein, and the same to grant, sell, or assign, and to plead and be impleaded, prosecute and defend, all causes in law or equity.

II. The said trustees, or a majority of them, when assembled, shall have power to make such bye-laws and ordinances, as they shall think best for the good government of the said academy, and to perform and do any act respecting the property vested therein: Provided such bye-laws and ordinances shall not be inconsistent with the laws and constitution of this commonwealth.

III. They shall choose a president and secretary out of their own body; and in case of vacancy, by death or otherwise, of any one or more of the said trustees, the same shall be supplied by a majority of the remaining

trustees.

IV. And be it further enacted, That the lands conveyed to the former trustees of the said academy, by Richard Henry Lee, Esquire, shall be vested in the trustees appointed by this act, as effectually as if suck conveyance had been executed and made to them after the passing of this act.