sidered that no such determination can now take place within the time necessary for its receiving the assent of congress prior to the first day of June next, as required by the act under which the said representatives were elected.

And whereas it continues to be the purpose of the general assembly, that the said district shall become an independant state, on the terms and conditions specified in the act aforesaid, whenever the good people thereof shall so determine and the United States in congress shall thereof approve; Be it enacted by the General Assembly, That in the month of August next, and on the respective days and places of holding courts. in the several counties within the said district, five representatives for each county to continue in appointment for one year and to compose a convention with the powers and for the purposes herein after mentioned, shall be elected by the free male inhabitants of the county. The elections shall be conducted in like manner with the like promulgation of this act to the electors, and with the like penalties for neglect of duty in the officers, as were prescribed for the elections held under the act above recited. The convention shall be held at Danville on the third Monday of September ensuing, or whenever thereafter a sufficient number shall be assembled. Five members assembled shall be a sufficient number to adjourn from day to day, and to issue writs for supplying vacancies which may happen from deaths, resignations, or refusals to act. A majority of the whole shall be a sufficient number to chuse a president and other proper officers, to settle the proper rules of proceeding, to authorize any number of members to summon a convention during a recess, and to act in all other instances, where a greater number is not expressly required. Two thirds of the whole shall be a sufficient number to determine whether it is expedient for and be the will of the good people of the said district, that the same be erected into an independent state, on the terms and conditions specified in the act above recited: Provided, That no vote shall be considered as deciding this question either in the affirmative or negative, unless a majority of the whole number to be elected shall concur therein.

And provided, That in case two thirds of the whole shall not assemble within fifteen days after the day ap

F 2

pointed for the meeting, a decision in which a majerity of the whole shall concur, shall be valid although the number present be less than two thirds of the whole.

And be it further enacted, That in case the said convention shall approve of an erection of the said district into an independant state, on the terms and conditions above referred to, they shall and may proceed to fix a day not later than the first day of January one thousand seven hundred and eighty nine, on which the authority of this commonwealth and of its laws under the exceptions, specified in the act above recited, shall cease and determine forever over the said district, and the articles specified in the said act shall become a solemu compact mutually binding on the parties, and unalterable by either without the consent of the

other.

Provided however, That prior to the fourth day of July one thousand seven hundred and eighty eight, the United States in congress shall assent to the erection of the said district into an independant state, shall release this commonwealth from all its foederal obligations arising from the said district, as being part thereof, and shall agree that the proposed state shall immediately after the day fixed as aforesaid, or at some convenient time future thereto, be admitted into the fœderal union. And to the end that no interval of anarchy may happen to the good people of the proposed state; It is to be understood that the said convention shall have authority to take the necessary provisional measures for the election and meeting of a convention at some time prior to the day fixed for the determination of the authority of this commonwealth and of its laws, and subsequent to the notified assent of congress to the proposed erection of the said district into a independent state, with full power and authority to frame and establish a fundamental constitution of government for the proposed state, and to declare what laws shall be in force therein, until the same shall be abrogated or altered by the legislative authority acting under such constitution. This act shall be transmitted by the executive to the delegates representing this state in congress, who are hereby instructed to use their endeavors to obtain from congress a speedy concur

rence in the measure proposed by this act, and the act heretofore passed, intitled "An act concerning the erection of the district of Kentucky into an independent state."

CHAP. V.

An act to provide for the appointment of delegates to represent this commonwealth in congress, until the first Monday in November next.

congress.

BE it enacted by the General Assembly, That five Election of delegates shall be chosen by joint ballot of both houses delegates to to represent this commonwealth in congress, from the time of their appointment until the first Monday of November one thousand seven hundred and eighty seven; three of whom at least shall be constantly attending the duties of their office. The persons so ap- Credentials. pointed shall each of them have from the governor a credential varied so as to suit the present occasion, and shall be entitled to the same allowances as are provided by an act, "For regulating and fixing the salaries of the officers of civil government."

CHAP. VI.

An act to amend the act entitled An act for ascertaining certain taxes and duties, and for establishing a permanent revenue.

Commission.

BE it enacted by the General Assembly, That the ers of the reclerk of every county court within this commonwealth venue to be appointed in shall, on receipt of this act (which the executive is here each county.

by required to send immediately by express, or other safe and certain conveyance) lay the same before the next court to be held for his county, and the court shall immediately proceed to appoint discreet and reputable persons to be commissioners for the purposes herein after mentioned; and in those counties, where more than one commissioner is directed to be appointed, the said courts shall also distinctly lay off and ascertain the bounds of the district allotted to each commissioner: In each of the counties of Augusta, Botetourt, Culpeper, Fanquier, Greenbrier, Loudoun, Harrison, Jefferson, Lincoln, Monongalia, Montgomery, Nelson, Ohio, Fayette, Mercer, Madison, and Bourbon, there shall be appointed three commissioners; in each of the counties of Accomack, Albemarle, Amherst, Bedford, Berkeley, Amelia, Brunswick, Buckingham, Campbell, Caroline, Charlotte, Chesterfield, Cumberland, Dinwiddie, Fairfax, Franklin, Frederick, Fluvannah, Gloucester, Goochland, Greensville, Halifax, Hanover, Henrico, Henry, Isle of Wight, King and Queen, King George, Essex. Louisa, Lunenburg, Mecklenburg, Nansemond, Norfolk, Northampton, Orange, Pittsylvania, Prince Edward, Prince William, Princess Anne, Richmond, Rockbridge, Rockingham, Shenandoah, Southampton, Spottsylvania, Stafford, Surry, Sussex. Westmoreland, Northumberland, Hardy, Hampshire, Washington, and Russel, there shall be appointed two commissioners; and in each of the counties of Powhatan, Charles City, Elizabeth City, King William, James City, Lancaster, Middlesex, New Kent, Warwick, Prince George, and York, and in the city of Williamsburg, and Richmond, and the towns of Petersburg, Alexandria, Fredericksburg, and Winchester, and borough of Norfolk there shall be appointed one commissioner. Provided, That no member of either house of assembly, persons holding any office in civil government, receiving stated salaries, naval officers, practising attornies, or physicians, clerks of courts, inspectors, ordinary keepers, sheriffs or their deputies, or persons that have been in the office of sheriff, deputy sheriff, or collector of public taxes in their county, shall not be capable of acting or serving as commissioner, unless it shall appear by sufficient testimony, other than the parties own oath, that such sheriff or collector bath compleated his collection, fully

Oath

paid the amount thereof into the treasury, and finally closed every account relative thereto. And be it enacted, That the clerk of the court shall certify to every commissioner his appointment without delay, and at the same time furnish him with a copy of this act; the proof whereof shall rest upon the clerk, and thereupon each commissioner shall repair to some acting magistrate of the county, and take the following oath or affirmation, to wit: "1, A. B. do swear (or solemnly, sincerely, and truly declare, and affirm) that as commissioner for county, city, town, and borough of Norfolk, I will to the best of my skill and judgment, diligently and faithfully execute the duties. of the said office, according to the directions of the act, entitled, An act to amend the act, entitled an act for ascertaining certain taxes and duties, and for establishing a permanent revenue, without favour, affection or partiality, and that I will do equal right and justice, according to the best of my knowledge in every case in which I shall act as commissioner: So help me God.” A certificate of which oath or affirmation shall be given the commissioner by the magistrate administering it, and the magistrate shall also certify the same to the next court held for his county to be recorded. And be it enacted, That every commissioner thus qualified, shall perform the following duties within his district: He shall in the first place, apply to the clerk of the court for the books of the commissioners, appointed Their duty under the act for equalizing the land tax, which book in aseertian. or books, the commissioners of the land tax are hereby ing the land directed to deliver to the said clerk on application; and in case of refusal or neglect, or loss of such book or books, the clerk shall certify the same to the executive, who, for such refusal or neglect, shall direct the solicitor to proceed to recover the fine hereby imposed, and moreover to furnish such clerk with an attested copy of the land tax from the last statement on the equalizer's books, and the clerk, upon being furnished with such book or books, either by the commissioners of the land tax, or from the solicitor's office, shall aid and assist the commissioners appointed by this act, in selecting therefrom the owners name, and the tax on every tract of land or lot within each district, in the following manner, and in the form hereto subjoined. There shall be entered in one column the owners names in al

tax