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CHAP. LXXXVIII.

An act to confirm the sale of a lot of land made

by James Herbert, as guardian of his son Christopher Herbert, and for other purposes.

(Passed the 6th of December, 1790.) Sect. 1. WHEREAS it is represented that under the Preamble. Act of Assembly for establishing a marine hospital for the reception of aged and disabled seamen, the commissioners thereby appointed have fixed on certain lots in the town of Washington as the most proper and convenient place on which to erect the said hospital, and that one of the said lots belongs to Christopher Herbert an infant, under the age of twenty-one years: And whereas James Herbert the father and guardian of the said Christopher, hath actually contracted with the said commissioners for the sale of the said lot, and hath petitioned this Assembly to authorize him to convey a title thereto, and to lay out the money arising from such sale in the purchsse of other lands, for the use and benefit of bis said son.

Sect. 2. Be it therefore enacted by the General As- Commissione sembly, That John Portlock, Charles Odeon, Edmund ers appointed Almond, Ardree Bartee, and Thomas Nash, jun. gen; the property tlemen, or any three of them, who are no ways interested

of Christo. in the said lot of land, shall and may, and they are hereby pher Herbert; impowered and directed to set a value on the same, and upon receipt of such valuation it shall be lawful for the On receipt of said James Herbert, as guardian of his said son Christo- the valuation

the lot to be pher Herbert, to convey the said lot of land to the com

conveyed to missioners of the marine hospital in the manner and for the commisthe purposes prescribed by the said recited act.

sioners of the Sect. 3. And be it further enacted, That the purchase marine hosmoney for the said lot of land shall by the said James Herbert be fairly laid out in the purchase of other lands, ney laid out in

And the moIn trust for the use and benefit of the said Christopher other lands ; Herbert his son, and shall by good and sufficient deed or deeds be conveyed to him the said Christopher and his heirs in fee simple.

Sect. 4. And be it further enacted, That the said His guardian James Herbert shall give bond and security in the pe- to give bond

and security nally of three hundred pounds, for the faithful perforrafor the per

ance of the said trust reposed in him, and payable to the formance of the trust.

sitting justices of Norfolk county court, for the benefit of the said Christopher Herbert; which said bond shall be recorded in the said court, and may be put in suit by any person or persons, who may be injured by the non-performance of the trust hereby reposed in the said James Herbert.

CHAP. LXXXIX.

An act to release the right of this Commonwealth to the estate of John Baker, deceased.

(Passed the 7th of December, 1790.) Preamble. Sect. 1. WHEREAS John Baker, of the county of

Louisa, being felo de se, and his estate thereby forfeited

and escheated to the Commonwealth. Interest of the Sect. 2. Be it enacted by the General Assembly, That Common

all right, title, interest, claim and demand, which now wealth in John Baker's estate

exists in the Commonwealth, or on any office hereafter who was felo to be found, shall be established therein, to the estate of de se, releas. John Baker deceased, shall pass, descend and vest in ed.

and to the same person or persons, and be subject to all and every claim and claims in law and equity of all and every person and persons whatsoever, in the same manner as if the said John Baker had died a natural death.

CHAP. XC.

An act to vest in trustees a tract of land lying

in Louisa county to be sold for the benefit of the children of Roger Thompson.

(Passed the 10th of December, 1790.) Sect. 1. WHEREAS application hath been made to this Assembly to vest in trustees a certain tract of land

Preamble.

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lying in the county of Louisa, which from the death of Mrs. Lucy Thompson late the wife of Roger Thompson hath descended to their five children Joseph Thompson, George Thompson, Foster Thompson, Elizabeth Thompson and Sarah Thompson, to be sold and the money arising from the sale thereof secured to the said children, which is adjudged reasonable.

SECT. 2. Be it therefore enacted by the General As- Trustees apsembly, That the said tract of land containing two hun- pointed to sell dred and ninety-three acres which hath descended to the a tract of land

whereof Lucy said Joseph Thompson, George Thompson, Foster Thompson Thompson, Elizabeth Thompson and Sarah Thompson died seized. in right of their said mother Lucy Thompson deceased, shall be and the same is hereby vested in George Thompson, William Payne, senior, and John Thompson, gentlemen, and their heirs in trust, that they or any two of them shall as soon as may be, sell the same for the best price to be had, and to convey the said land to the purchaser or purchasers in fee simple.

Sect. 3. The money arising from the sale of the said Purchase mo. tract of land shall by the said trustees be paid to the ney, to whom

to be paid. said Joseph Thompson, George Thompson, Foster Thompson, Elizabeth Thompson and Sarah Thompson when they shall severally be entitled to receive the same.

Sect. 4. And be it further enacted, That the said Trustees to trustees shall give bond and security in the penalty of sive bond and five hundred pounds, for their faithful performance of the performthe said trust reposed in them and payable to the sitting ance of the justices of Louisa county court for the benefit of the said trust. children, which said bond shall be recorded in the said court, and may be put in suit by any person or persons who may be injured by the said trustees not faithfully performing their said trust.

VOL, XII-FI

CHAP. XCI.

An act to confirm the sale of a tract of land

made by Thomas Newton junior and John Boush, administrators with the will annexed of John Hutchings deceased, and for other purposes.

(Passed the 27th of November, 1790.) Preamble.

Sect. 1. WHEREAS John Hutchings gentleman in and by his last will and testament in writing, which has been duly proved and recorded in the court of Norfolk county, among other things directed that his executors should dispose of his whole estate, both real and personal, except the land whereon he lived, together with a wharf disposed of by him, and also his land in the island of Bermuda, and from the sales thereof to pay, in the first place, his just debts, and the residue to apply as in the said will is particularly directed. And whereas it is represented to this present Assembly, that the executors named in the will of the said John Hutchings severally refused to take upon themselves the execution thereof, whereupon administration with the will annexed was in due form granted to Thomas Newton junior and John Boush, who have since sold the personal estate and also a tract of land called Lambert's point, lying in the said county of Norfolk, belonging to the said John Hutchings deceased; and whereas the said Thomas Newton junior and John Boush not being authorized as administrators aforesaid to make a conveyance to the purchaser of the said tract of land, have made application to this Assembly to pass an act as well lo do so, as to authorize them to make sale of the remaining lands of their said testator, directed by his said will to be sold and convey the same

to the purchaser or purchasers thereof in fee simple. John Ilutch Sect. 2. Be it therefore enacted, That the said ings's adminis. Thomas Newton junior and John Boush shall be and they. trators authorized to sell

are hereby authorized and empowered to execute a deed and convey.

for conveying the said tract of land called Lambert's the lands dis point so as aforesaid sold, to the purchaser in fee, and rected to be also to make sale of all or any of the lots or other lands sold by his will.

directed by the will of their said testator to be sold for the purposes therein particularly directed to be applied, and

execute sufficient deed or deeds for conveying the same or any part thereof to the purchaser or purchasers in fee. simple.

CHAP. XIII.

An act concerning the Marriage of Lewis Ro

berts.

(Passed the 20th of December, 1790.) Sect. 1. BE it enacted by the General Assembly, That Writ to be

sued out of the it shall and may be lawful for Lewis Roberts to sue out

district court of the office of the supreme court of the district of Ken- of Kentuckey tuckey a writ against Rachel Roberts, which writ shall by Lewis Robe framed by the clerk, shall express the nature of the berts against

his wife. case, and shall be published for eight weeks successively in the Kentuckey Gazette, whereupon the plaintiff may Proceedings file his declaration in the said cause, and the defendant thereupon. may appear and plead to issue, in which case, or if she does not appear within two months after such publication, it shall be set for trial by the clerk on some day in the succeeding court, but may for good cause shewn to the court be continued until the succeeding term.

SECT. 2. Commissions to take depositions and subpoenas to summon witnesses shall issue as in other cases.

Sect. 3. Notice of taking depositions published in the Kentuckey Gazette shall be sufficient.

Sect. 4. A jury shall be summoned who shall be Truth of the sworn well and truly to enquire into the allegations con- plaintiffs alletained in the declaration, or to try the issue joined, as the to be tried. case may be, and shall find a verdict according to the usual mode; and if the jury in case of issue joined, shall find for the plaintiff, or in case of enquiry into the truth of the allegations contained in the declaration shall find

Verdict of the in substance, that the defendant hath deserted the plain- jury to be retiff, and that she hath lived in adultery with another man corded ; effect since such desertion, the said verdict shall be recorded, thereof if in and thereupon the marriage between the said Lewis Ro- favor of the

plaintiff. berts and Rachel shall be totally dissolved.

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