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cause shewn to the court be continued until the succeed-
Sect. 2. Commissions to take depositions and sub-
Sect. 3. Notice of taking depositions published in
some one of the public papers shall be sufficient.
tained in the declaration or to try the issue joined as the
and deserted the plaintiff, and that he hath lived in
recorded, and thereupon the marriage between the said Effects there. John and Anne shall be totally dissolved; the power of of, if in favour the said John over the person and property of the said of the plaintiff. Anne shall intirely cease: and the said' Anne is hereby
declared to be from and after recording the said verdict
An act for paying a sum of money to John
compensation should be made to the said John Cox by the public for the said lot of land; Be it therefore enact. Sum of money ed by the General Assembly, that the auditor of public to be paid to
John Cox, accounts shall be and he is hereby authorised, to issue a warrant to the said John Cox for one hundred and se. venty-eight pounds eleven shillings and five pence, being the value of the purchase money which was paid into the public treasury for the sale of the said lot of land, and that an interest of six per centum per annum, shall with interest; be allowed thereon to be computed from the fifteenth day of August one thousand seven hundred and eighty till payment.
SECT. 2. Provided, That the said John Cox shall give to be refundbond with security and in a penalty to be approved by ed, if a judg: the executive for restoring the money so to be paid to against him be him as aforesaid, in case the Commonwealth shall here. reversed. after establish a right to demand the same upon a reversal of the said judgment in law or equily.
tract of land purchased by John Parke Čus-
(Passed the 17th of November, 1789.) WHEREAS it is represented to the present General Preamble, Assembly, that John Parke Custis departed this life in the year one thousand seven hundred and eighty-one, leaving Eleanor Custis his widow with four small children, and that the said Eleanor hath since intermarried with a certain David Stuart; And whereas it is also represented, that previous to the death of the said John Parke Custis, he purchased of a certain Robert Alexander, a tract of land lying in the counts of Fairfax, for which he was to pay a considerable sum of money, but since the death of the said John Parke Custis, a dispute hath arisen respecting the said contract, and the said Alexander hath agreed to take back the said land upon being paid a reasonable compensation for the use thereof, which will be greatly to the interest of the children of the said John Parke Castis; but as the heir at
law is an infant of tender years, no contract can be made to bind him, without the interposition of this Assembly,
to whom application hath been made for that purpose: How, and bgBe it therefore enacted by the General Assembly, that of land, pur. any agreement or contract which the said David Stuart, chased by by and with the consent of George Washington, esquire, John Parke Custis to be
to be expressed under the hand and seal of the said reconveyed to George Washington, esquire, shall make or enter into, Robert Alex- respecting the surrendering the said lands to the said Roander.
bert Alexander, shall be deemed and taken to be valid and effectual to all intents and purposes.
An act vesting the estate of Samuel Abbott, de
ceased, in trustees, to be sold for the benefit of his children.
(Passed the 11th of December, 1789.) Preamble, Sect. 1. WHEREAS it is represented that Samuel
Abbott, a native of Ireland, some years past migrated to this country and became seized and possessed of several valuable lots and houses in the town of Fredericksburg, and hath lately departed this life, leaving two children in Ireland, who are by law incapable of inheriting the said estate, and it is not reasonable that the Commonwealth should derive benefit from a principle of escheat in this particular case: And whereas application hath been made to this Assembly to vest the said estate in.
trustees to be sold for the use and benefit of the chilInterest of the dren of the said Samuel Abbott: Be it therefore enacted
by the General Assembly, that all the right, title, claim, wealth in the interest and demand which now exists in the Commonestate of Sa. muel Abbott
wealth, or upon any office hereafter to be found, shall be vested in trus- established therein to the said estate of the said Samuel tees, Abbott, shall be vested in Charles Mortimer, George
French, William Harvey, Benjamin Day and Stephen
Lacoste, gentlemen trustees, to be by them, or any three to be sold, of them, sold for the best price that can be had, giving when and how three months notice of the time and place of sale in the
Sect. 2. The said trustees shall convey the same to Purchase mothe purchaser or purchasers in fee, and apply the money ney, how to be arising from the sale thereof, in the first place to the
payment of the just debts of the said Samuel Abbott, and apportion the residue equally between his children or their legal representatives.
An act concerning the escheated property of
James Coupland, deceased.
(Passed the 12th of November, 1789.) WHEREAS it hath been represented to the present Preamble, General Assembly, that James Coupland, late of the county of Chesterfield, some time in the year one thousand seven hundred and seventy-two, died intestate, seized of a house and lot in the town of Broadway and some personal estate, leaving his heir at law, a British subject, which real estate escheated to the Commonwealth, and was sold for the sum of twelve hundred pounds in military certificates: And whereas it bath been also represented that David Coupland is the nephew and nearest relation of the said decedent in this country, and that the said David was educated and patronized by the said decedent, who discovered for him the greatest affection, and frequently declared that he had the affection of a father for him, that he had adopted him as his heir, and would leave him his estate, and also that adminis. tration on the said decedent's estate was granted to the said David, who from some unforeseen events, hath made himself liable for debts of his intestate, to an amount far exceeding the assets, which have come to his hands to be administered, and it is reasonable that retribution should be made to the said David Coupland: Be it therefore en- A sum of mo. acted by the General Assembly, that the executive shall ney to be paid be, and they are hereby authorized and empowered to
Coupland, cause to be issued unto the said David Coupland, a war- out of what rant on the aggregate fund for the sum of three hundred fund, and thirty pounds, being the value of the military certificates, for which the real estate of the said James Coup
land, deceased, was sold, and which escheated to this How to be ap- Commonwealth; to be by him applied in the first instance plied by him. towards the discharge of the debts of his said intestate,
and should any surplus remain in his hands thereafter,
An act for the purchase and manumitting negro
(Passed the 14th of November, 1789.)
Mary Tarrant of the county of Elizabeth City, hath her
pedient to purchase the freedom of the said Cæsar; Be it
tive shall appoint a proper person to contract with the Cæsar a negro said Mary Tarrant for the purchase of the said Cæsar, slave. and if they should agree, the person so appointed by the
executive shall deliver to the said Mary Tarrant a certi-