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III. And be it further enacted, That the executive shall, as soon as may be, appoint a proper person, and the said William Armistead another, who shall ascertain and fix the value of the said James, and to certify such valuation to the auditor of accounts, who shall issue his warrant to the treasurer for the same, to be paid out of the general fund.

CHAP. XC.

An act to compel the performance of a Trust under the Will of John Williamson, deceased.

Trustees, un

how to ac

1. WHEREAS John Williamson, late of the county of Hanover, deceased, by his last will, among other der the will things, did give and devise a part of his estate to cer- of John Wil tain persons, and their successors forever, in trust, for liamson, dec. them to apply the profits thereof annually to particular cont purposes directed in his will, with power in case of the death or removal of any one of the said trustees, for the survivors to supply the vacancy for ever, as the same should happen; but made no provision for the said trustees to account for the execution of the said trust, or to compel thein to apply the profits of the estate as directed by the will, which it is just and right they should do:

II. Be it therefore enacted by the General Assembly, That the present trustees, under the will of the said John Williamson, and their successors forever, shall annually, either in the month of June or July, return an account upon oath to the court of their respective counties wherein they reside, as well of the profits of the said trust estate, as of the disposition and application thereof, to be by the clerk of the court recorded. Every trustee shall give such bond and security in the court of the county where he resides, as the trustees immediately appointed by the will of the said John Williamson gave, before they shall proceed to execute the said trust.

Executors of

James Scott, authorised to sell part of his lands, for

payment of Ins debts.

CHAP. XCI.

An act to enable the executors of James Scott, deceased, to sell a part of his lands for the payment of his debts.

I. WHEREAS James Scott, gentleman, late of the county of Fauquier, died seized of a considerable real estate, leaving a widow and eight children, and by his will directed that his children should be maintained and educated out of the profits of his estate, and that after the death of his wife, the same should be sold and equally divided amongst them, making no provision therein for the payment of his debts; and whereas it is represented to this assembly, by Elizabeth Scott, widow and executrix, and Cuthbert Bullitt, surviving executor of the said James Scott, that the slaves and personal estate, if sold for the payment of the debts, will deprive the children of the means of being maintained and educated according to the will of the said James Scott, and they have made application for an act to enable them to dispose of so much land as will be sufficient to pay the debts:

II. Be it therefore enacted, That the said executors shall be, and they are hereby authorised and empowered, to sell and convey so much of the lands of the said James Scott, as was directed by his will to be sold after the death of his widow, as will raise a sum sufficient for the payment of their testator's debts, taking bond with sufficient security from the purchaser or purchasers for the sales of the said land.

Provision for

clearing and

CHAP. XCII.

An act for clearing and extending the navigation of Chickahominy river.

1. WHEREAS extending the navigation of Chickextending ahominy river will be of public utility, and it is repre

sented to this present general assembly that many per- navigation of sons are willing and desirous to subscribe thereto:

II. Be it therefore enacted, That William Douglass, Daniel Trueheart, Julius Allen, Miles Selden, William Macon, William Lewis, William Christian, Richmond Terrel, Joseph Vaiden, William Carter, and John Price, gentlemen, be, and they are hereby nominated, constituted, and appointed trustees, for clearing and extending the navigation of the said river, as far up the same as the Meadow Bridges, and they are hereby authorised and empowered, to take and receive subscriptions for that purpose. And if any person or persons shall neglect or refuse to pay the several sums of money by them respectively subscribed for the purposes of this act, it shall and may be lawful for the said trustees to sue for and recover the same, in the name of the trustees aforesaid, by petition where the subscription shall not exceed five pounds, and where the same shall be above that sum, by action of debt, founded on this act.

Ill. And be it further enacted, That the said trustees, or a major part of them, shall have full power and authority to contract and agree with any person or persons for clearing and extending the navigation of the river aforesaid, in such manner as to the said trustees shall seem most proper, and to remove all hedges or stops, which the said trustees shall think may, in any wise, obstruct the said navigation.

IV. And be it further enacted, That the said trustees, or a major part of them, from time to time, as often as they shall see occasion, shall and may nominate and appoint one or more of their number, willing to undertake the same, to be receiver or receivers of all monies that shall be subscribed in consequence of this act; who shall, in the court of the county where he or they shall reside, give bond with two or more sufficient securities, in a reasonable penalty, payable to the said trustees or their successors, with the condition that he or they, his or their heirs, executors or administrators, at all times when required, shall and will truly and faithfully account to the said trustees for all such monies as shall come to the hands of such receiver or receivers for the purposes of this act, and pay the same to such person or persons, as the said

Chickahominy river.

trustees or a major part of them, shall order and direct.

V. And be it further enacted, That in case of the death, resignation, or legal disability, of any one or more of the trustees before named, it shall and may be lawful for the surviving or remaining trustees, or any six of them, from time to time to elect so many other persons, in the room of those dead, resigned, or disabled, as shall make up the number of eleven; which trustees, so chosen, shall be vested with the same power and authority, as any other in this act particularly

named.

VI. And be it further enacted, That nothing herein contained shall in any wise be construed to affect the rights of individuals, by clearing the main channel of the said river, where there are any disputes respecting the course of the same.

CHAP. XCIII.

[See ante pa. 114.]

Acts of late

surveyor of Yobogania County, legalized.

of

An act to legalize the qualification the late Surveyor of Yohogania county.

I. WHEREAS it is represented to this present general assembly, that Benjamin Johnston was, on the twelfth day of September one thousand seven hundred and eighty three, legally commissioned surveyor of the county of Yohogania, but as no court was afterwards held in the said county (the extension of the boundary line between this state and Pennsylvania having included in the latter the magistrates, sheriff, and clerk) the said Benjamin Johnston could not qualify to his comnission in manner directed by law, yet he entered into bond on the third day of October, in the same year, with two sufficient securities, before the late clerk of Yohogania court, and proceeded to the execution of his office. And whereas doubts have arisen whether the said Benjamin Johnston was legally qualified as surveyor, and thereby, the rights of individuals may be questioned: For remedy whereof,

II. Be it enacted, That the bond executed by the said Benjamin Johnston, as surveyor for the said county of Yohogania, before the late clerk of the said county court, shall be as good and valid in law, as if the same had been taken and executed in open court, and that all acts done by the said Benjamin Johnston, as surveyor, shall be as valid as if he had qualified to his commission in manner directed by law. Provided, That nothing contained in this act shall be construed so as to affect the rights of any person or persons, their heirs or assigns, claiming title to any of the lands by prior entries, surveys, patents, or pre-emptions.

CHAP. XCIV.

An act for confirming the estate of Reuben Coults, in the ferry from Richmond to Manchester, and in certain lands, and the fisheries thereunto belonging.

Reuben Co utts confirm.

ed in his es tate, in the ferry from

Richmond to

ries.

1. WHEREAS Patrick Coutts, merchant, late of the city of Richmond, departed this life some time in the year one thousand seven hundred and seventy six, and in and by his last will and testament, devised to Reuben Coutts, his natural son, an estate for life in the ferry from Richmond to Manchester, called Coutt's Manchester, ferry, in the lands thereto adjoining, and in the fishe- and in certain ries belonging to the said lands. And whereas it has lands & fishebeen represented to the present general assembly, that it was the intention of the said Patrick Couts to devise an estate in fee simple in the said ferry, fishery, and lands, to the said Reuben Coutts; and it has been suggested that the reversion expectant upon the estate for life of the said Reubeu Coutts, is become escheatable to the commonwealth, and the said Reuben Coutts, having petitioned this assembly that the same may be vested in him.

II. Be it therefore enacted by the General Assembly, That the reversion expectant upon the estate for life of Vom XII.

Y 2

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