and William Stewart, gentlemen, and those hereafter to be elected, and their successors for ever, are hereby made and constituted a body corporate and politic, by the name of the Trustees of Warren Academy; they shall have power and capacity to purchase, receive and possess lands and tenements, goods and chattels, either in fee or any lesser estate therein, and the same to grant, let, sell, or assign; and to plead, and be impleaded, prosecute and defend all causes in law or equity: they shall choose a president and secretary out of their own body; and in case of vacancy by death or otherwise of Vacancies, any one or more of the said trustees, the same shall be how supplied; supplied by a majority of the remaining trustees. laws and to SECT. 2. The said trustees, or a majority of them, Empowered when assembled, shall have power to make such bye- to make byelaws and ordinances as they shall think best for the good dispose of the government of the said academy, and to perform and do property of any act respecting the property vested therein; provided the academy; such bye-laws and ordinances shall not be inconsistent with the laws and constitution of this Commonwealth. former trus SECT. 3. And be it further enacted, That the lands Certain lands conveyed to the former trustees of the said academy, by granted to Richard Henry Lee, esquire, shall be vested in the trus tees, vested tees aforesaid, as effectually as if such conveyance had in the present; been made and executed to them after the passing of this act. SECT. 4. It shall be lawful for the said trustees to May raise moraise by way of lottery, a sum of money not exceeding ney by a lottefive hundred pounds, to be by them applied to and for the How to be apuse of the said academy. plied. ry; CHAP. LXXIV. An act to authorise the trustees of Fredericksburg Academy, to raise a sum of money by Lottery. (Passed the 9th of December, 1789.) BE it enacted by the General Assembly, That it shall Trustees to be lawful for the trustees of the Fredericksburg acade- raise a sum of my, to raise by way of lottery, and in one or more lotte- money by lotries, a sum of money not exceeding four thousand pounds, tery; How to be ap- to be by the said trustees applied towards defraying the plied. expence of erecting a building on the academy lands for the purpose of accommodating the professors and students. Trustees ap pointed to tery; CHAP. LXXV. An act to authorise the raising of a sum of mo ney by lottery, for the use of the town of Alexandria. (Passed the 9th of December, 1789.) BE it enacted by the General Assembly, That it shall be lawful for Charles Simms, Charles Lee, Richard Con raise a sum of way, William Hunter, jun. George Gilpin, Philip Marsmoney by lot teller, William Herbert, Robert T. Hooe, Jesse Taylor, William Brown, Thomas Porter, John Fitzgerald, Josiah Watson, Ludwell Lee, Bushrod Washington, William Hunter, sen. and John Dundas, gentlemen, or any nine of them, who are hereby constituted trustees for that purpose, to raise by lottery, a sum of money not exceeding How to be ap- fifteen hundred pounds, and to apply the same towards defraying the expence of paving some of the most frequented streets in the town of Alexandria. plied. Preamble, CHAP. LXXVI. An act for vesting in trustees the interest which the Commonwealth now hath, or hereafter may have in certain lands, whereof John Milstead died, seized. (Passed the 12th of December, 1789.) SECT. 1. WHEREAS it hath been represented to the present General Assembly, that John Milstead departed this life in the year one thousand seven hundred and eighty-seven, intestate and without heirs, leaving a per sonal estate not sufficient for the payment of his debts, and possessed of two small tracts of land lying in the county of Greenbrier, which have become escheatable to the Commonwealth, and it is more agreeable to the principles of justice, that the said lands should be applied to the discharge of the debts of the said John Milstead, than that the public should be benefited thereby; Be it Interest of the therefore enacted by the General Assembly, that all the commonright and interest which the Commonwealth now hath wealth in certo the said tracts of land, or which may hereafter be es- ble lands tablished therein by an office to be found, shall be and vested in the same is hereby vested in Hugh Caperton, James trustees; Henderson, James Alexander, John Gray, William Maddy and William Thomson, gentlemen trustees, or the survivor or survivors of them: tain escheata how; SECT. 2. When the right of the Commonwealth to To be sold, the said lands shall be fully established, agreeably to the when and directions of the act intitled "An act concerning escheators," the said trustees, or the survivor or survivors of them, shall when required by John Hutcheson, and Mathias Kesinger, administrators of the said John Milstead, deceased, sell the said tracts of land for the best price that can be gotten. SECT. 3. The purchase money for the said lands shall Purchase mobe paid to the said John Hutcheson and Mathias Kesin ney, to whom ger, administrators of the goods and chattels of the said how to be apto be paid, and John Milstead deceased, to be applied by them in a due plied; course of administration to the discharge of the debts of the said dece lent: and in case there should be any surplus after paying such debts, the same shall by the said administrators be paid into the public treasury. SECT. 4 Saving however to all persons and bodies Rights of all politic and corporate, other than those claiming under other claimthe Commonwealth, all legal or equitable rights, which ants saved. they might have asserted to the said lands or any part thereof. CHAP. LXXVII. An act for vesting the real estate of Robert Read deceased, in Margaret Read and her heirs. (Passed the 14th of December, 1789.) SECT. 1. WHEREAS Robert Read late of the county Preamble, of Augusta died intestate and without issue, leaving Margaret Read his widow and relict; And whereas, it has been represented, that the heir at law of the said Robert Read is an alien, whereby the real estate whereof he died seized, is escheatable to the Commonwealth; and the said Margaret Read having petitioned this Assembly, that the same may be vested in her: Be it thereInterest of the fore enacted by the General Assembly, that all the right, title, interest, claim and demand which now exists in the Commonwealth, or upon any office hereafter to be found, shall be established therein, shall pass, descend vested in his and be vested in the said Margaret Read and her heirs in fee simple. Common wealth in the estate of Robert Read, widow: Rights of all claimants, others than the Commonwealth saved. SECT. 2 Saving nevertheless, the rights legal and equitable of all and every person and persons, bodies politic, or corporate, except of the Commonwealth and those claiming under it, in and to the said real estate, and every part thereof. Preamble, CHAP. LXXVIII. An act releasing the escheat accruing on the death of James Edzar the younger. (Passed the 10th of December, 1789.) SECT. 1. WHEREAS James Edzar the younger deceased was in his life time seized in fee simple of two tracts of land lying in the counties of Stafford and Orange, which descended to him as heir at law of his father James Edzar the elder, who died intestate; And it is represented to this present General Assembly, that the said James Edzar the younger also departed this life intestate and without leaving any person capable by law of inheriting the said lands, and that William Edzar would, but for the impediment of half blood have been the heir of the said James Edzar the younger: Be it Interest of the enacted by the General Assembly, that all the right, title, Common- interest, claim and demand, which now exists in the wealth in cer- Commonwealth, or upon any office hereafter to be found, tain escheata shall be established therein, shall pass, descend, and be ble lands, vest- vested in the said William Edzar, and his heirs in fee ed in William Edzar. simple. ants saved. SECT. 2. Saving however to the widow of the said Rights of all James Edzar the elder, her dower in the said lands, and to all other persons, and bodies politic, and corporate, other than those claiming under the Commonwealth, all legal or equitable rights which they might have asserted to the said lands, if no defect of heritable blood had taken place. CHAP. LXXIX. An act concerning the marriage of Anne Dan tignac. (Passed the 19th of December, 1789.) SECT. 1. WHEREAS a marriage was solemnized in Preamble, the month of September, in the year of our Lord one thousand seven hundred and eighty, between John Dantignac then of Colchester, in the county of Fairfax, and Anne Peachy of the county of Prince William; And whereas it has been represented to this Assembly, that soon after the marriage took effect, he began, and so long as they lived together continued to treat his wife in a cruel and inhuman manner; That in the month of July in the year one thousand seven hundred and eightythree, he departed from this state with a declared resolution never to return to it, or to see his wife again, whereby he has abandoned her to the world, and as far as he might has relinquished the character and duties of a husband; That he has not since discovered any disposition to resume his former connexion with the said Anne, but has lived with another woman in adultery; Be it therefore enacted, that it shall and may be lawful Writ to be for the said Anne to sue out of the office of the general General Court court a writ against the said John Dantignac, which by Anne Danwrit shall be framed by the clerk, shall express the na- tignac against ture of the case, and shall be published for eight weeks her husband; successively in some one of the public papers, where sued out of the upon the plaintiff may file her declaration in the said Proceedings cause, and the defendant may appear and plead to issue thereupon; in which case, or if he 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 VOL. XIII.-N |