SECT. 3. So soon as the said lands shall respectively be laid off into lots, the trustees of each or a majority of them, shall proceed to sell the same at public auction, for the best price that can be had, the time and place of the sale of the lots in the town of Milford, shall be previously advertised two months in the Kentuckey Gazette, the sale of the lots in the said town of Milton shall be previously advertised two months in the Virginia Gazette; the purchasers to hold the said lots respectively subject to the condition of building on each a dwelling-house sixteen feet square at least, with a brick or stone chimney, to be finished fit for habitation within three years from the day of sale, and to convey the said lots to the purchasers thereof in fee subject to the condition aforesaid.

SECT. 4. The trustees of the said town of Milford shall pay the money arising from the sale of the said lots to the said Samuel Estill, or his legal representatives, and the representatives of the said John Estill deceased, in such proportions as he or they shall respectively be entitled to receive the same; and the trustees of the said town of Milton shall pay the money arising from the sale of the said lots to the said Bennett Henderson or his legal representatives.

SECT. 5. And be it further enacted, that two hundred and fifty acres of land at the court-house of the county of Bourbon, as the same are laid off into lots and streets by Lawrence Sprotsman, the proprietor thereof, shall be established a town by the name of Hopewell, and that Notley Conn, Charles Smith, jun. John Edwards, James Garrard, Edward Waller, Thomas West, James Lanier, James Little and James Duncan, gentlemen, are hereby constituted trustees thereof.

SECT. 6. The trustees of the said towns respectively or a majority of them, are authorised to make such rules and orders for the regular building of houses thereon as to them shall appear proper.

SECT. 7. So soon as the purchasers of lots in the said towns shall have built thereon a house, sixteen feet square at the least, with a brick or stone chimney, such purchasers shall then be entitled to and have and enjoy all the rights, privileges and immunities which the freeholders and inhabitants of other towns in this state, not incorporated, hold and enjoy.

SECT. 8. If the purchaser of any lot in the said

towns of Milford or Milton, shall fail to build thereon within the time herein before limited for that purpose, the trustees of the said town where such failure shall happen, may thereupon enter into such lot and sell the same again, and apply the money for the benefit of the inhabitants of the said town.

CHAP. LXX.

An act for repairing the streets and aquæducts in the town of Staunton, and for preventing swine running at large therein.

(Passed the 14th of November, 1789.)

nually on the

SECT. 1. BE it enacted by the General Assembly, That The trustees the trustees of the town of Staunton, in the county of to levy a sum Augusta, or a majority of them being assembled, shall of money anand they are hereby empowered, to levy and assess on male tithables the male tithables of the said town annually, a sum not of the town; exceeding two shillings for each tithable person, and to appoint a collector of the said tax.

SECT. 2. If any person on whom such tax shall be How to be assessed, shall neglect or refuse to pay the same at the collected; time appointed for the payment thereof, it shall be lawful for the collector to levy the same by distress and sale of the delinquent's goods, in like manner as is directed and prescribed for the non payment of county levies.

SECT. 3. The collector of the said tax before he un- The collector dertakes the same, shall give bond with sufficient secu- to give bond and security rity in a reasonable penalty, payable to the said trustees for duly colfor the due collection and payment thereof; and in case lecting and of failure, shall be liable in the same manner, under the accounting for like penalty, and same mode of recovery, as the collectors of the county levies are by law made liable.

the money;

SECT. 4. The trustees of the said town or a majority To what purof them, shall annually apply the money arising from the poses it is to be applied; said tax towards repairing the streets and aquæducts in the said town; and if they shall neglect or refuse to ap Penalty on ply the said taxes when collected, to the purposes afore- the trustees said, he or they so offending, shall forfeit and pay the for failing so sum of fifty pounds to the informer, to be recovered with to apply it. costs upon motion, in any court of record; Provided the

VOL. XIII.-M

Persons subject to the tax may discharge it by personal labour;

party shall have ten days previous notice of such motion.

SECT. 5. Provided always, That it shall be lawful for any person subject to the payment of the said tax, to discharge the same by personal labour, at the usual rates per day, on the streets of aquæducts in the said town. SECT. 6. And be it further enacted, That if any swine Swine belong- belonging to an inhabitant of the said town, shall be ing to the in- found running at large within the limits thereof, it shall to run at large. be lawful for any person to kill and destroy such swine

habitants not

running at large; Provided always, that the person killing such swine, shall not convert the same to his or her own use, but leave the same where it shall be so killed, and give immediate notice thereof to the owner, if known, and if not, then to the next justice of the peace, who may order the same to the use of any poor person; Provided also, that nothing herein contained, shall be deemed or taken to hinder any person from driving swine to or through the said town or limits thereof, in order to sell the same, or in their removal from one plantation to another.

trustees of

Romney;

CHAP. LXXI.

An act for appointing trustees to the town of Romney, in the county of Hampshire, and for adding trustees to the town of Louisville, in the county of Jefferson.

(Passed the 4th of December, 1789.)

SECT. 1. BE it enacted by the General Assembly, That Certain perIsaac Parsous, Isaac Miller, Andrew Wodrow, Stephen sons appinted Colvin, Jonathan Pursell, Nicholas Casey, William M'Guire, Perez Drew and James Murphy, gentlemen, shall be and they are hereby constituted and appointed trustees of the town of Romney, in the county of HampTheir power; shire; and that they or any five of them shall have the power and authority to settle all disputes relative to the lots in the said town, and also to open and clear the streets and lanes in the said town, agreeable to the original plan and survey thereof.

the trustees of

SECT. 2. And be it further enacted, That Buckner Certain perThruston, James Wilkinson, Michael Lacassagne, Alex- sons added to ander Scott Bullitt, Benjamin Sebastian, John Felty, Ja- of Louisville; cob Reager, James Patton, Samuel Kirby, Benjamin Erickson and Benjamin Johnson, gentlemen, shall be and they are hereby constituted and appointed trustees of the town of Louisville, in the county of Jefferson, in addition to those heretofore appointed; and it shall be law. Their power. ful for any seven of the trustees of the said town of Louisville, to proceed in the execution of the act for establishing the said town, any law to the contrary thereof notwithstanding.

CHAP. LXXII.

An act to amend an act, intituled "An act incorporating the trurtees of the Winchester Academy," and to vest certain emoluments in the said academy.

(Passed the 9th of December, 1789.)

SECT. 1. WHEREAS it is represented to this pre- Preamble, sent general assembly, that the mode directed by law for appointing trustees of the Winchester academy, is found from experience highly inconvenient; Be it therefore enacted by the General Assembly, that the trustees to be ap- Trustees to pointed pursuant to the act intitled "An act for incor- continue in office, until reporating the trustees of the Winchester academy," on the moved by first Monday in February next, shall be and remain death, resig trustees of the said academy until they shall be removed nation, &c. by death, resignation, inability or refusal to act; and that Vacancies, upon the death, resignation, inability or refusal to act of how to be any one or more of the said trustees or their successors, supplied. those remaining, or a majority of them, shall at their next meeting proceed by ballot to supply such vacancy.

SECT. 2. And for the better support of the said aca- Certain esdemy, Be it further enacted, that whatsoever right hath cheated lands heretofore vested in this Commonwealth by way of es- granted to cheat or forfeiture in a certain lot or half acre of ground in the town of Winchester, of which a certain Adolph Strole died seized; one certain tract or parcel of land

them,

situate, lying and being in the county of Frederick, containing two hundred acres, of which a certain James Hamilton died seized; one other tract or parcel of land situate in the said county of Frederick, containing five hundred and twenty acres, late the property of a certain Thomas Spear, together with all and singular the appurtenances to the said lot of ground, and the said two several tracts of land belonging, shall be and the same is hereby vested in the trustees of the said academy and to be disposed their successors, to be by them disposed of in such manner as they may judge most conducive to the interest of the same, and the purposes of its institution.

of for the benefit of the academy. Trustees may

legal process or suit for the

said lands;

SECT. 3. And it shall and may be lawful for the said institute any trustees and their successors, by the stile and title of the Trustees of the Winchester Academy, to institute or commence any legal process or suit, and to prosecute the same to final judgment and execution, or to sue and implead, or be sued and impleaded, touching and concerning the said lot and tracts of land, in the same manner as the Commonwealth might sue and implead, or be sued and impleaded in case this act had never been passed.

Reservation of

all claimants,

SECT. 4. Saving to every person and persons, bodies the rights of politic and corporate, other than the Commonwealth, other than the any rights legal or equitable which they may have in or to the said lot of ground, or either of the said tracts of land, in the same manner as if such escheat and forfeiture had not taken place.

Common

wealth.

Trustees incorporated,

CHAP. LXXIII.

An act for incorporating an Academy in the county of Fauquier, and raising a sum of money by Lottery for the use thereof.

(Passed the 9th of December, 1789.)

SECT. 1. FOR incorporating the academy at the court-house in the county of Fauquier, Be it enacted by the General Assembly, that William Edmonds, Robert Randolph, Martin Pickett, Francis Whiting, Edward Digges, Thomas Digges, Gustavus Brown Horner, William Pickett, John Blackwell, jun. Elias Edmonds