CHAP. LXXXVIII.

An act vesting the estate of Matthew Womble, deceased, in trustees, to be sold for the benefit of his children.

F.state of

BE it enacted by the General Assembly, That the whole estate, both real and personal, of Matthew Mathew Womble, who was convicted of murder at the session Womble, ex. of the general court in December last, and executed ecuted for accordingly, be, and the same is hereby vested, in d.sposed of. murder, bow Thomas Wrenn, William Gay, James Coffer, and John Scasbrook Wills, gentlemen, trustees, to be by them, or any two of them, sold for the best price that can be had, giving one month's notice of the time and place of sale in the Virginia Gazette; and the said trustees shall convey the same to the purchasers in fee, and apply the money arising from the sale thereof in the first place to the payment of the just debts of the said Matthew Womble, and the residue divided between his children, and paid by the said trustees to their guardian or guardians; any law, usage, or custom, to the contrary, notwithstanding.

CHAP. LXXXIX.

An act incorporating trustees for establishing and conducting a seminary of learning, at the town of Fincastle, in the county of Bole

tourt.

1. WHEREAS it is the interest of all wise, civilized and free governments, to facilitate as much as may Preamble. be, the diffusion of useful knowledge among its inhatants: And whereas to this end sundry persons of the County of Botetourt have given considerable donations,

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for the purpose of endowing and supporting a seminary of learning, at the town of Fincastle, in the said county, and have represented to this present general assembly, that their designs would be much accelerated were a law to pass incorporating them into a body politic:

II. Be it enacted, That from and after the passing Seminary of of this act, the said seminary shall obtain the name of learning es.. Botetourt Seminary; and that David Robinson, WilFincastle, in liam Fleming, George Skillern, Patrick Lockhart,

tablished at

Botetourt county.

Thomas Madison, Thomas Rowland, Thomas Lewis, David May, John Wood, Robert Harvey, William Neely, James Barnet, Henry Bowyer, Samuel Mitchell, George Hancock, and Archibald Stuart, gentlemen, be, and they are hereby constituted, a body Incorporated. politic and incorporate, by the name of the President, Style of cor- Wardens, and Directors of Botetourt Seminary, who poration. Corporate shall have perpetual succession, and a common seal;

powers.

Duty and power of offi

cers.

and that they and their successors, by the name aforesaid, shall be able and capable in law to possess, purchase, receive, and retain, to them and their successors forever, any lands, tenements, rents, goods, chat-tels, or donations of any kind whatsoever, which may have been given, or shall in future be given, or purchased by them, for the use thereof, and by the same name to sue and be sued, implead and be impleaded, answer and be answered unto, in all courts of law or equity, and from time to time, under their common seal, to make and establish such bye-laws, rules and ordinances, not repugnant to the laws of this commonwealth, as by them shall be thought necessary for the good order and government of the same.

III. And be it further enacted, That the said president, wardens, and directors, or any seven of them, shall have full power and authority to meet at suck times as they shall think proper, and determine in all cases where a greater number of poor and indigent apply for admission than the funds can support, (to whom the preference shall be given) and to continue those se admitted for such length of time as they, or a majority of them, shall think necessary, having regard to the genius and capacity of the students, and of directing the study of such to any branch of literature, to which in their opinion the genius of the student is best adapted.

Vacancies,

how s

Other offi

IV. And be it further enacted, That the president, wardens, and directors, or any seven of them, upon the death, resignation, or failure to attend (being thereof previously notified) for two meetings suecessively, shall have power and authority to nominate an appoint a sufficient number of members to supply the places of those so dead, resigned, or failing to attend. To nominate and appoint a treasurer, secretary, and steward, to which several offices they may apex such salaries as to them shall appear equitable cers, how ap and right, who shall respectively be subject to a re- pointed moval from office at the discretion of the corporation, for any abuse or neglect of duty; provided that the treasurer, previous to his entering on the duties of the said office, shall give bond, with security to be approved by the corporation, in the penalty of three thousand pounds, for the faithful discharge of the trust reposed in him, and shall, whenever thereunto requir ed, render on oath, a just and true account of all monies and donations of every kind, which have come to his hands by virtue of his said office, and also of all expenditures for or to the use of the said seminary, and on failure so to do, shall be subject to a judgment, on motion in any court of record in this commonwealth; and execution may thereupon be awarded, in like mauner as against sheriffs for the non-payment of public taxes in their hands.

CHAP. XC.

An act directing the sale of certain lands, late the property of John Mills, deceased, for the payment of his debts.

I. WHEREAS John Mills, late of the county of Lands of John Fairfax, in the year one thousand seven hundred and Mills, dec'd, eighty-three, died intestate, seized and possessed of a to be sold for considerable real and personal estate, the former, by his debts.

payment of

the operation of the laws of escheat and forfeiture, is escheatable to the commonwealth, and the personal estate has been sold by the administrators of the said John Mills, which will prove greatly insufficient for the payment of his debts: And whereas James Mills, late of the county of Middlesex, deceased, by his will devised to the said John Mills, a part of his outstanding debts, after several legacies, to a considerable amount, were previously paid; and there being no prospect of the creditors of the said John Mills deriving any benefit for a considerable time, if ever, from the said devise, they have made application to this assembly to direct the sale of the lands of the said John Mills, which are escheatable to the commonwealth, and the money arising from such sale to be applied towards the payment of their debts:

II. Be it therefore enacted, That the lands whereof the said John Mills died seized, and are escheatable to the commonwealth, shall be sold by his administra tors, or the survivors or survivor of them, on credit not exceeding eighteen months, for the best price that can be had, and by them conveyed to the purchaser or purchasers in fee, and the money arising from such sales to be applied by the said administrators to the payment of the just debts of the said John Mills to his creditors, in equal proportions to the debts due them. And the said administrators, so soon as they shall receive the legacy, or any part thereof, devised to the said John Mills by the will of the said James Mills, after paying the just debts of the said John Mills, shall pay the same, or so much thereof, as shall be equal to the sum arising from the sale of the said lands, into the public treasury, after deducting a rea sonable allowance for their expences and trouble

CHAP. XCI.

An act for regulating the streets in and adjoining to the town of Alexandria.

I. WHEREAS it will tend greatly to the ornament of the town of Alexandria, as well as the convenience and health of the inhabitants thereof, if the streets of the said town were laid off and extended in a regular and uniform manner:

Streets in

lated.

11. Be it therefore enacted by the General Assembly, That a district round the said town, bounded as fol- and adjoining loweth, viz: Beginning at Great Hunting creek, and town of Alexrunning thence parallel with Fairfax-street, to Four-dria, regu Mile run or creek, so as to intersect King-street (when extended) one mile west from the court-house; thence eastwardly down the said creek or run to its confluence with Potowmack river, thence southwardly down the said river, to the mouth of Great-Hunting creek, thence westwardly up the said creek to the beginning, shall be subject to the regulations herein after-mentioned, whensoever the proprietors of land within the aforesaid district shall, respectively, incline to lay out the same in town lots for the purpose of building thereupon, that is to say, the streets within the original plan of the said town, and which run westwardly from the river, and also the streets laid off by John Alexander and his executors, parallel therewith, shall be extended to the line which makes the western boundary, and be of the same width in every part, except Franklin-street, which shall be only fifty feet wide in that part thereof lying eastward of Union street. The streets hereafter to be laid off on the south side of Franklin-street, and the north side of Oronoko-street, and running westwardly within the said limits, shall be parallel with the lastmentioned street, be of the width of sixty-six feet in every part, and extend from the river Potowmack to the aforesaid western boundary. The streets within the original plan of the town, and which run up and down the river, shall be severally extended of the same width southwardly to Potowmack river or Great-Hunting creek, as the case may be, and