Court of Ac. comack author sed to

levy money

for Charles Bagwell and exrs of Alexander Stock ley.

CHAP. XCIII.

An act to authorise the court of Accomack county, to levy a sum of money for the use of Charles Bagwell and the executors of Alexander Stockley.

[Passed the 20th of November, 1787.j

I. WHEREAS it has been represented to the present general assembly, that in the year one thousand seven hundred and seventy-two, Charles Bagwell and Alexander Stockley were church-wardens of the parish of Accomack, in the county of Accomack; and that they did, by virtue of an order from the said vestry, contract with a certain James Twiford to build a church in the said parish; and whereas the said vestry did afterwards refuse to permit the said church to be built, or to pay the said James Twiford for the materials which he had provided; in consequence whereof, the said Twiford commenced a suit against the said Charles Bagwell and Alexander Stockley, in the court of the said county, and hath recovered a judgment against them for the sum of one hundred and twentyfive pounds current money, and nine hundred and sixty-five pounds of tobacco, and fifteen shillings, for his costs; and it is just and right that the amount of the said judgment should be refunded to them:

II. Be it therefore enacted by the General Assembly, That the justices of the said county of Accomack shall, at the laying of their next county levy, levy the said sum of one hundred, and twenty-five pounds current money, and nine hundred and sixty-five pounds of tobacco, and fifteen shillings, upon the tithable persons of the said parish of Accomack, deducting therefrom the said Charles Bagwell's and Alexander Stockley's proportion of the said levy. The said money shall be collected and accounted for in like manner as the county-levy, and shall be paid to the said Charles Bagwell and the executors of the said Alexander Stockley, in proportion to the sums that shall respectively be paid by them in discharge of the judgment aforesaid.

CHAP. XCIV.

An act for forming a new county of the counties of Augusta, Hardy, and Rockingham.

[Passed the 4th of December, 1787.]

Pendleton

1. BE it enacted by the General Assembly, That from and after the first day of May next, all those parts county form. of the counties of Augusta, Hardy, and Rockingham, ed out of Auwithin the following bounds, to wit: Beginning on the gusta, Hardy. and Rocking line of Rockingham county, on the North mountain, ham. opposite to Charles Wilson's on the South Fork, thence a straight line to the Clay Lick on the North Fork, thence to the top of the Allegana, and along the same and the east side of the Greenbrier-waters to the south west fountain of the South Branch, and thence between the same and the waters of James-River, along the dividing ridge to the said North mountain, and with the top of the same to the beginning, shall form one distinct county, and be called and known by the name of Pendleton.

II. A court for the said county of Pendleton shall be held by the justices thereof on the first Monday in every month, after such county shall take place, in like manner as is provided by law for other counties, and shall be by their commissions directed. And the court of quarterly sessions for the said county of Pendleton, shall be held in the months of April, June, September, and December, in every year.

III. The justices to be named in the commission of the peace for the said county of Pendleton, shall meet at the house of Zariah Stratton in the said county, upon the first court-day after the said county shall take place, and having taken the oaths prescribed by law, and administered the oath of office to, and taken bond of the sheriff according to law, proceed to appoint and qualify a clerk, and fix upon a place for holding courts in the said county, at or as near the centre thereof as the situation and convenience will admit of; and thenceforth the said court shall proceed to erect the necessary public buildings at such place; and until such buildings be completed, to appoint any place for hold

ing courts, as they shall think proper. Provided always, That the appointment of a place for holding courts and of a clerk, shall not be made unless a majority of the justices of the said county be present; where such majority shall have been prevented from attending by bad weather, or their being at the time out of the county, in such case the appointment shall be postponed until some court day when a majority shall be present.

IV. The governor, with advice of the council, shall appoint a person to be first sheriff of the said county, who shall continue in office during the term, and upon the same conditions as are by law appointed for other sheriffs.

V. Provided also, and be it further enacted, That it shall be lawful for the sheriffs of each of the said counties of Augusta, Hardy, and Rockingham, to collect and make distress for any public dues and officers fees which shall remain unpaid by the inhabitants thereof, at the time the said county shall take place, and shall be accountable for the same in like manner as if this act had not been made.

VI. And the courts of the said counties shall have jurisdiction of all actions and suits which shall be depending before them at the time the said county of Pendleton shall take place; and shall try and determine the same, and award execution thereon.

VII. In all future elections of a senator, the said county of Pendleton shall be of the same district as the county of Augusta.

CHAP. XCV.

An act for establishing an academy, and incorporating the trustees thereof.

[Passed the 31st of December 1787]

Randolph a. I. WHEREAS the inhabitants of the counties of cademy esta. blished and Harrison, Monongalia, Randolph, and Ohio, are, from incorporated, their remote situation, deprived of the advantages aris

ing from the establishment of the public seminaries within this state; and it is just and reasonable that the one sixth of the fees of the surveyors of the said counties, which are now applied towards the support of William and Mary college, should be applied to the establishment of a public seminary within one of the said counties;

II. Be it therefore enacted by the General Assembly, That his excellency Edmund Randolph, Benjamin Harrison, Patrick Henry, Joseph Prentis, James Wood, George Mason, George Nicholas, John Harvey, Thomas Matthews, William Ronald, Henry Banks, William M'Clerry, John Evans, William John, Francis Worman, John Pearce Duvall, George Jackson, Benjamin Wilson, Nicholas Carpenter, John Powers, Archibald Woods, Moses Chapline, Ebenezer Zane, David Chambers, John Wilson, Jacob Westfall, junior, Robert Maxwell, and John Jackson, junior, gentlemen, shall be, and they are hereby constituted a body politic and corporate, to be known by the name of "The trustees of the Randolph academy," and by that name shali have perpetual succession and a common seal.

III. The said trustees shall hold their first session at Morgan-town in Monongalia county, on the second Monday in May next; and they shall then, or as soon after as conveniently may be, fix upon some healthy and convenient place within one of the counties of Harrison, Monongalia, Randolph, or Ohio, for the purpose of erecting thereon the necessary buildings for the said academy.

IV. The before named trustees and their successors, by the name aforesaid, shall be capable in law to purchase, receive, and to hold to them and their successors forever, any lands, tenements, rents, goods, or chattels of what kind soever, which shall be given or de-vised to, or purchased by them for the use of the said academy, and to sell and dispose of the same in such manner as to them shall seem most conducive to the advantage of the said academy; except such lands as shall be given to the said academy by this commonwealth, which shall not be aliened without leave first obtained from the legislature.

V. The said trustees, by the name aforesaid, may sue and be sued, plead and be impleaded, in any court of law or equity.

VI. They shall have power from time to time to establish such bye-laws, rules, and ordinances, not contrary to the constitution or laws of this commonwealth, as they shall deem necessary for the government of the said academy.

VII. The said trustees shall elect a president, treasurer, clerk, and so many professors and masters as may be necessary.

VIII. The president and other officers shall have fixed salaries and continue in office during good behaviour, to be judged of by the trustees, and they shall be ineligible as trustees so long as they continue in office. The said trustees shall hold two stated sessions in every year at the said academy at such times as they shall think most convenient; and in case a sufficient number do not attend to proceed to business, they may adjourn to the next session, or to any shorter time.

IX. In cases of emergency the chairman at the request of any of the trustees shall call a meeting.

X. Not less than seven of the said trustees shall constitute a board to determine upon any matter relative to the establishment, government or support of the said academy, or to the appointment of the officers and professors thereof, orthe fixing their salaries; and no real estate belonging to the said academy shall be disposed of unless eleven of the said trustees shall concur in opinion thereupon.

XI. The treasurer shall receive all monies accruing to the said academy and property delivered to his care, and pay or deliver the same to the order of the board of trustees; and before he enters on the execution of the duties of his office shall give bond and security for such sum as the trustees shall direct, payable to them and their successors, and conditioned for the faithful discharge of the trust reposed in him; and that he will, when required by the board of trustees, render to them a true account of all monies, goods, and chattels received by him on account of, and for the use of, the said academy.

XII. The trustees, the president, professors, and other officers shall, before they enter on the execution of the duties of their office, take the oath of fidelity to the commonwealth, and an oath that they will faithfully discharge the trust reposed in them. The said