the property belonging to, the Protestant Episcopal church, have a power to act as successors to the former vestries, in the management of the property vested in them for charitable and other purposes: Be it therefore enacted by the General Assembly, that the said trustees, and their successors, shall, to all intents and purposes, be considered as successors to the former vestries, and shall have the same power of holding and managing all the property formerly vested in them, whether for charitable purposes by private donation, or in trust for the use of individuals.

Trent's ware. house in

CHAP. XLVIII.

An act for establishing an inspection of tobacco on the lots of Alexander and Peterfield Trent, in the town of Manchester.

[Passed the 19th of December, 1788.]

1. BE it enacted by the General Assembly, That an inspection of tobacco shall be, and the same is hereManchester by, established on the lots of Alexander and Peterestablished. field Trent, in the town of Manchester, distinguished

in the plan of the said town by the numbers, "two hundred and nine," two hundred and ten," "two hundred and twenty-one," and "two hundred and twenty-two." The said Alexander and Peterfield Trent being willing to build proper warehouses for the reception of tobacco, at their own expence, to be called and known by the name of Trent's warehouse.

II. There shall be allowed and paid annually, to each of the inspectors at the said warehouse, the sum of sixty pounds for their salary.

III. The appointment of inspectors, and all other regulations respecting the said warehouse, shall be the same as directed by law for other inspections:

IV. Provided always, and be it further enacted, That the warehouses hereby directed to be established shall

be built of brick or stone, and covered with slate or tile, with gates of iron; and that no tobacco shall be received for inspection at the said warehouse, nor any inspectors appointed for the same, until the court of Chesterfield county shall be of opinion, and enter the same of record, that the proprietors have built the said warehouses according to the directions of this act, and that they are sufficient to contain at least two-thirds of the tobacco that may be brought to the said inspection in any one year.

V. If the quantity of tobacco inspected at the said warehouses shall not be sufficient to pay the usual charges and inspectors salaries, the deficiency shall not be paid by the public,

CHAP. XLIX.

An act for preventing impositions in the collection of taxes.

[Passed the 22d of December, 1788.j

1. WHEREAS the frequent impositions which have Taxes reduc been practised on the citizens of this commonwealth, ed one third, in the collection of the taxes, have rendered it necessa- and payable in specie and ry to confine the payment thereof to specie, and war- warrants. rants equivalent thereto, but such an arrangement cannot be made without reducing the amount of the said taxes, in proportion to the losses sustained by the public, by receiving tobacco at prices exceeding the real value: Be it enacted by the General Assembly, that all taxes which became due under any law of revenue, whether on lands, slaves, or other property, on the first day of November, in the year one thousand seven hundred and eighty-eight, and all taxes which have arisen, or shall arise, after that day, under the act, intituled, "An act imposing new taxes," shall be reduced one-third below the amount of all such taxes, as fixed by the laws aforesaid, or any of them. And all sheriffs, collectors, clerks, and public officers, are required to demand and receive two-thirds of the amount of the

said taxes respectively, and no more; and where more than two-thirds hath been received, to restore the surplus thereof to the person or persons entitled there to. Provided, that nothing herein contained, shall be construed to extend to duties on imports and exports; to the taxes imposed by an act, intituled, "An act to explain and amend the act to levy certain taxes in aid of the public revenue;" to the fees of the register's office; or to any tax on tobacco, billiard tables, or ordinary licences. No distress shall be made for any tax which became due on the first day of November, one thousand seven hundred and eighty-eight, until the first of May, one thousand seven hundred and eighty-nine.The said taxes shall be accounted for, and paid, in the same manner, and under the same penalties, as the laws aforesaid prescribe, except that the revenue taxes may be accounted for and paid into the public treasury at any time before the first day of September, one thousand seven hundred and eighty-nine.

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

not to appear in appeal.

CHAP. L.

An act concerning the practise of attornies.

[Passed the 24th of December, 1788]

I. BE it enacted by the General Assembly, That Attornies the prosecuring a attorney, who shall prosecute any suit in an infesui in an in- rior court, in which an appeal may be taken, shall not ferior court, be suffered to appear or prosecute such appeal in any superior court, to which the same may be carried or removed; and any attorney, who shall appear to, or prosecute such appeal in any superior court, having been employed therein in the inferior court, shall forfeit the sum of twenty pounds, to be recovered with costs, by action of debt, or information, in any court of record within this commonwealth; the whole penalty to the use of the person who will sue or prosecute for the same.

II. And be it further enacted, That the lawyers practising in the general court within the district of Kentucky, may demand and receive for any suit at common law, other than the actions hereafter mentioned, a fee of thirty shillings; for any chancery suit, or real, mixed, or personal action, where the title or bound of lands shall or may come in question, three pounds.

III. Every lawyer within the said district, receiving or demanding any greater fee, or other reward, for any of the above services, shall forfeit, and pay, twenty pounds for every offence; one half to the informer, and the other moiety to the use of the commonwealth, to be recovered with costs, by action of debt, or information, in any court of record; any law to the contrary thereof notwithstanding.

CHAP. LI.

An act to regulate surveyors fees in certain cases.

[Passed the 25th of December, 1788.]

counties, as

WHEREAS it hath been represented to this present Duty of sur general assembly, that no particular mode hath been veyors, on prescribed upon the divison of any county within this division of commonwealth, for the surveyor of the new county to to entries for obtain the entries of lands within the same, in conse- land. quence of which many disputes have arisen: For remedy whereof, Be it enacted, That the surveyor, or surveyors, of any county or counties, from which a new county hath been taken during the present session of assembly, or hereafter shall be taken, shall, within one month after such division takes place, make out, and on application, deliver to the surveyor of the new county, attested copies of all entries made upon lands within such new county, on his books, and not surveyed, together with the warrants upon which they were founded; for which service he shall receive three pence for every such attested copy, paid by the surveyor of the new county, upon receipt of said attested copies. And

in case any surveyor shall neglect or refuse to make out, or to deliver, such attested copies of entries, within the time aforesaid, or at the expiration of said time, upon the application of the surveyor of the new county, he shall forfeit, and pay, the sum of fifty pounds, to be recovered by action of debt, or information, in any court of record, by any person who will sue for the same: any law to the contrary notwithstanding.

Contested eJections of

CHAP. LII.

An act concerning the election of members of the general assembly.

[Passed the 25th of December, 1788.]

1. WHEREAS the mode of contesting disputed elections hath heretofore been found to be attended with great inconvenience and delay, Be it enacted by members of the General Assembly, That any person intending to assembly, how conduc- contest the election of any person returned to serve as a senator or delegate, from any county, shall, within twenty days after the assembling of the sheriffs to make a return in the former case, or within ten days after the day of election in the latter, give to the person returned to serve notice thereof in writing, and moreover shall deliver to him at the same time, a list of those persons to whose votes he hath objection, distinguishing his several objections against the names of the voters; and where he hath any other objection to the legality of the election, or the eligibility of the person re ́urned, as aforesaid, he shall, in like manner, give noice thereof, distinguishing his particular objections; and the person returned as aforesaid shall, within twenty days after receiving such notice, deliver the like lists on his part. Where the contest is for the office of a senator, any one or more of the courts in the senatorial district, or where it is for the office of a delegate, the court of the county, shall, upon the application of either party, appoint five commissioners to take the depositions of such witnesses as shall be produced to them,