Truth of the plaintiff's allegations, how to be tried; cause shewn to the court be continued until the succeeding term. SECT. 2. Commissions to take depositions and subpænas to summon witnesses shall issue as in other cases. SECT. 3. Notice of taking depositions published in some one of the public papers shall be sufficient. SECT. 4. A jury shall be summoned, who shall be sworn well and truly to enquire into the allegations contained in the declaration or to try the issue joined as the 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 in substance that the defendant hath abused and deserted the plaintiff, and that he hath lived in Verdict of the adultery with another woman, the said verdict shall be jury to be recorded; 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 to every intent and purpose a feme sole. Preamble, CHAP. LXXX. An act for paying a sum of money to John Cox. (Passed the 18th of December, 1789.) SECT. 1. WHEREAS it is represented that the escheator of Dinwiddie county some time in the year one thousand seven hundred and seventy-nine, sold a lot of land lying in the town of Petersburg, as the property of Joseph Elam a British subject, and that Peter Randolph esquire became the purchaser thereof, who afterwards sold the same to a certain John Cox for a valuable consideration; And whereas it is also represented that since the said sale, an ejectment has been brought by Erasmus Gill and Sarah his wife for the said lot of land, who have obtained a judgment for the same and have been put in possession thereof; and it is reasonable that 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 accounts shall be and he is hereby authorised, to issue a John Cox, warrant to the said John Cox for one hundred and seventy-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. ment obtained 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 equity. CHAP. LXXXI. An act to enable David Stuart to re-convey a tract of land purchased by John Parke Custis, of Robert Alexander. (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 county 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 Custis; but as the heir at 100 How, and by whom, a tract of land, purchased by 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: Be it therefore enacted by the General Assembly, that any agreement or contract which the said David Stuart, by and with the consent of George Washington, esquire, 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 Robert Alexander, shall be deemed and taken to be valid and effectual to all intents and purposes. John Parke ander. Preamble, CHAP. LXXXII. An act vesting the estate of Samuel Abbott, deceased, in trustees, to be sold for the benefit of his children. (Passed the 11th of December, 1789.) 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 children 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 Samuel 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 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 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 Virginia Gazette. Interest of the tees, to be sold, 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 payapplied. ment of the just debts of the said Samuel Abbott, and apportion the residue equally between his children or their legal representatives. CHAP. LXXXIII. An act concerning the escheated property of (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 hath 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 administration 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 cause to be issued unto the said David Coupland, a warrant 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 to David Coupland, out of what 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, that it shall be lawful for the said David Coupland to hold and enjoy the same to and for his own proper use and benefit for ever. Preamble, and manumit CHAP. LXXXIV. An act for the purchase and manumitting negro (Passed the 14th of November, 1789.) WHEREAS it is represented to this Assembly, that Mary Tarrant of the county of Elizabeth City, hath her life in a negro named Cæsar, who entered very early into the service of his country, and continued to pilot the armed vessels of this state during the late war; in consideration of which meritorious services it is judged expedient to purchase the freedom of the said Cæsar; Be it The executive therefore enacted by the General Assembly, that the executo purchase tive shall appoint a proper person to contract with the said Mary Tarrant for the purchase of the said Cæsar, and if they should agree, the person so appointed by the executive shall deliver to the said Mary Tarrant a certificate expressing such purchase and the sum, and upon producing such certificate to the auditor of accounts, he shall issue a warrant for the same to the treasurer, to be by him paid out of the lighthouse fund. And be it further enacted, that from and after the execution of a certificate aforesaid, the said Cæsar shall be manumitted and set free to all intents and purposes. Cæsar a negro slave. |