Malicious

defined.

CHAP. XXVIII.

An act amending the act to prevent malicious maiming and wounding.

[Passed the 29th of November, 1788]

I: WHEREAS it hath been doubted, whether since maiming and the revolution, the offences enumerated in the act, intiwounding, tuled, "An act to prevent malicious maiming and wounding," can be committed upon or against any citizen of this commonwealth; Be it therefore enacted, that any person guilty of any of the said offences, upon or against any person whatsoever, within the commonwealth, shall be, and is hereby, declared to be a felon, and shall suffer as in case of felony. But no attainder of such felony shall cause any corruption of blood, or forfeiture of estate whatsoever.

II. So much of the said act, as comes within the purview of this, is hereby repealed.

in towns of

CHAP. XXIX.

An act for giving further time to the purchasers of lots in the towns of Lewisburg, Stevensburg, and Kinsale, to build upon the same.

[Passed the 29th of November, 1788.]

1. WHEREAS it has been represented to the preFurther time sent general assembly, that the purchasers of lots in allowed to the town of Lewisburg, in the county of Greenbrier, improve lots, have been prevented by unavoidable accidents from Lewisburg, building upon their lots, according to the conditions Stevensburg, of their deeds, and it is judged expedient that a farther and Kinsale. time should be allowed them for that purpose: Be it therefore enacted by the General Assembly, That the farther time of two years, from and after the passing of this act, shall be allowed to the purchasers of lots in

the said town of Lewisburg, to build upon the same, within which time no such lot shall be forfeited for any failure to comply with the conditions expressed in the deeds before mentioned.

H. And be it further enacted, That the farther time. of three years, from and after the passing of this act, shall be, and is hereby, allowed the proprietors of lots in the towns of Kinsale, in the county of Westmoreland, and Stevensburg, in the county of Culpeper; to build upon and save the same; any law to the contrary notwithstanding.

CHAP. XXX.

An act for selling part of a lot in the town of Lexington, and county of Rockbridge.

[Passed the 6th of December, 1788.j

house stands,

county, may

BE it enacted, That the trustees of the town of Lex- Part of lot on ington, in the county of Rockbridge, or a majority of which court them, shall, as soon as may be, sell at public auction, in town of for the best price that car, be had, such a part of the Lexington, lot in the said town, whereon the courthouse is erected, Rockbridge as to them shall seem most proper, convey the same to be sold. the purchaser or purchasers in fee, and apply the money arising from the sale thereof, as the court of the said county shal', direct, towards lessening the levy of their county. Provided always, that it shall not be lawful for the, said trustees to sell that part of the said lot whereon, the courthouse is erected, nor more than one moiety of the said lot.

Estrays on

western wa

ters, how ad

vertised

CHAP. XXXI.

An act prescribing the mode of ad vertising estrays on the western

waters.

[Passed the 6th of December, 1788]

1. BE it enacted by the General Assembly, That from and after the first day of February next, estrays taken up in the district of Kentucky, shall be advertised in the Kentucky Gazette, in the same manner as estrays are directed to be advertised in the Virginia Ga

zette.

II. Provided always, and be it further enacted, That if more than one estray shall be described in an advertisement, the clerks of the county courts in the said district, and the printer thereof, shall not demand more than one shilling for every such additional estray.

III. All persons shall have access to the estraybook, without paying any fee therefor; any law to the contrary notwithstanding.

Incestuous

CHAP. XXXII.

An act concerning incestuous mar·

riages.

[Passed the 8th of December, 1788.)

1. BE it enacted by the General Assembly, That marriages if any person whatsoever shall hereafter narry within within cer- the following degrees, that is to say: If the son shall tain degrees marry his mother or step-mother, the brother his sister, guinity prohi. the father his daughter or his son's daughter, or his

of consan

bited.

daughter's daughter, or if the son shall marry the daughter of his father, begotten and born of his stepmother, or the son shall marry his aunt, being his father's or mother's sister, or marry his uncle's wife, or

the father shall marry his son's wife, or the brother shall marry his brother's wife, or any man shall marry his wife's daughter, or his wife's son's daughter, or his wife's daughter's daughter, or his wife's sister, every person or persons so unlawfully married, shall be separated by the definitive sentence or judgment of the high court of chancery; and the attorney general, upon any information made to him, of any such marriage, shall and may exhibit a bill to the judges of the said court against any persons so unlawfully married, who shall be compelled upon oath to answer the same; and upon such bill and answer, and the depositions of witnesses, where the same shall be necessary, the said court shall and may proceed to give judgment, and to declare the nullity of such marriage, and moreover may punish the parties by fine: and, if the court see fit, may cause the parties so separated, to give bond with sufficient surety, that they will not hereafter cohabit, in such penalty as the said court shall judge reasonable. Provided always, That no punishment by Trial by jury fine shall be imposed on any person until the same shall have been assessed by a jury duly impannelled at the bar of the said court. All the fines imposed by virtue of this act shall be to the use of the poor of the county wherein the offence or offences shall be committed. Provided always, That nothing herein conIssue legiti tained shall be construed to render illegitimate the issue mate. of any marriage so annulled.

II. So much of all and every act or acts, as relates to incestuous marriages or copulations, shall be, and the same is hereby repealed.

CHAP. XXXIII.

An act for vesting in trustees the interest which the commonwealth now hath, or hereafter may have, in a tract of land whereof Robert Gilbert, died seized.

Escheatable lands of Rob.

[Passed the 8th of December, 1788] WHEREAS it hath been represented to the presentert Gilbert, general assembly, that Robert Gilbert, departed this vested in trus VOL. XII.

M 4

tees for bene- life, in the year one thousand seven hundred and eighty fit of his wid- six, intestate, and without heirs, leaving a personal esment of his tate not sufficient for the payment of his debts, and

ow and pay

debts.

possessed of a tract of land in the county of Jefferson, which has become escheatable to the commonwealth, and it is more agreeable to the principles of justice that the said land should be applied to the discharge of the debts of the said Robert Gilbert, and the support of his widow, than that the public should be benefited thereby; Be it therefore enacted by the General Assembly, That all the right and interest which the commonwealth now hath to the said tract of land, so lying and being in the county of Jefferson, as aforesaid, and granted to the said Robert Gilbert, by patent bearing date the tenth day of July, one thousand seven hun dred and eighty-six, or which may hereafter be established therein by an office to be found, shall be, and the same is hereby, vested in John Beckley, John Hopkins, and Thomas Williams, trustees, or the survivor of them. When the right of the commonwealth to the said land shall be fully established agreeably to the direc tions of the act, intituled, "An act concerning escheators" the said trustees, or the survivor of them, shall, when required by David Lambert, surviving administrator of the said Robert Gilbert, deceased, or by any other person who may hereafter become the administrator of the estate of the said Robert Gilbert, or by Sarah Gilbert, widow and relict of the said Robert Gilbert, or her legal representatives, sell the said tract of land for the best price that can be gotten. Onethird of the purchase money shall be paid by the said trustees to the said Sarah Gilbert, or her legal representatives, and the other two thirds shall be paid to the administrator of the goods and chattels of the said Robert Gilbert deceased, to be applied by him in a due course of administration to the discharge of the debts of the said Robert Gilbert, deceased. And in case there should be any surplus, after paying such debts, the same shall by the said administrator, be paid into the public treasury.