lic buildings at such place, and until such buildings shall be completed, to appoint any place for holding courts, as they shall think proper. Provided always, that the appointment of a place for holding courts, shall not be made, unless a majority of the justices of the said county be present; where such majority shall have been prevented from attending by bad weather, or their being at the time out of the county, in such case the appointment shall be postponed until some court day, when a majority shall be present. SECT. 6. Provided also, and be it further enacted, That it shall be lawful for the sheriff of the said county of Botetourt to collect and make distress for any public dues and officers fees remaining unpaid at the time of passing this act by the inhabitants of that part of the said county of Botetourt, which is hereby added to the county of Montgomery, and that it also shall be lawful for the sheriff of the county of Montgomery, to collect and make distress for any public dues and officers fees, which shall remain unpaid by the inhabitants of the said county of Wythe, at the time the said county shall take place, and that the sheriffs of each of the said counties of Botetourt and Montgomery shall be accountable for the same, in like manner as if this act had not been made. SECT. 7. The governor with the advice of the council, shall appoint a person to be first sheriff of the said county of Wythe, who shall continue in office during the term, and upon the same conditions as are by law appointed for other sheriffs. SECT. 8. The courts of the said counties of Botetourt and Montgomery shall have jurisdiction of all actions and suits which shall be depending before them at the time the said county of Wythe shall take place, and shall try and determine the same and award execution thereon. SECT. 9. The county of Wythe shall compose part of the district in which Washington and Russel are formed for holding district courts, and the county of Montgomery shall compose a part of the district of which Greenbrier and Botetourt are formed for holding a district court. SECT. 10. In all future elections of a senator, the said county of Wythe shall be of the same district as the said county of Montgomery, CHAP. LVII. An act for altering the place of holding courts in the county of Fairfax. (Passed the 4th of December, 1789.). on the lands WHEREAS it is represented, that the present situa- Preamble, tion of the court-house of the county of Fairfax is inconvenient to the inhabitants thereof, and that a court-house for the said county ought to be fixed at some other place near the centre; Be it therefore enacted by the General Court-house, Assembly, that the justices of the said county of Fairfax, &c. to be built shall on or before the first day of June next, proceed in of William the usual manner to levy on the tithable persons within Fitzhugh, or their county a sum sufficient to erect the necessary build- some other ings, and to purchase two acres of ground whereon to the cross roads place them, and that they provide for building a court- at Price's orhouse, prison, pillory and stocks on the lands of William dinary. Fitzhugh, gentleman, or on the lands of any other person, within one mile of the Cross Roads, at Price's ordinary, person near and that after such buildings shall be completed, the When comcourts for the said county shall be held at the said pleted courts place. to be held there. CHAP. LVIII. An act for supplying the loss of the entry books and field notes of the surveyor for Henry county. (Passed the 9th of December, 1789.) SECT. 1. WHEREAS it is represented that the sur- Preamble, veyor of the county of Henry hath lost the book containing the entries or location of lands, and also his field notes for surveys made in the year one thousand seven hundred and eighty-seven, whereby the parties interested are likely to lose their rights to the said lands, for remedy whereof, book and field Be it enacted by the General Assembly, that it shall and notes of Henmay be lawful for the governor, with advice of council, ry surveyor, to issue one or more commissions as the case may require Loss of entry how to be sup plied; under the seal of the Commonwealth, to nine able and discreet persons directed, giving them or any of them full power and authority to meet at some convenient place or places to be by them appointed, and to adjourn from time to time as they shall think fit, and to summon, hear and examine all witnesses, at the instance of any person touching such entries of lands or field notes, so as aforesaid lost, and to take their depositions in writing, and to return the same with such commission or commissions to the executive, which depositions shall be by them laid before the General Assembly at the next session, after such return made, to the end that they may be enabled turned to the to grant such effectual relief to the sufferers by the said loss of the entry book and field notes, as to them shall seem just and reasonable. Depositions taken by the commissioners to be re General As sembly. Commission SECT. 2. And the said commissioners shall have power ers to appoint to appoint some person skilled in clerkship, to attend a clerk to at them for keeping a journal of their proceedings and drawing the depositions aforesaid, who shall be paid for his services by the said county of Henry. tend them. Preamble, CHAP. LIX. An act to amend and explain an act for appropriating certain taxes to the opening a waggon road, from the state road, to the mouth of Little Kanhawa, and for other purposes. (Passed the 12th of December, 1789.) SECT. 1. WHEREAS doubts have arisen whether the commissioners appointed by the October sessions one thousand seven hundred and eighty-six, and one thousand seven hundred and eighty seven, in the counties of Ohio, Monongalia, Harrison and Randolph, for the purpose of superintending the opening two waggon roads, the one from the state road to the mouth of the Little Kanhawa, and the other from Morgan's Town to the mouth of Fishing creek on the Ohio river, have power to call upon the sheriffs of the said counties for the arrears of taxes now due, or so much thereof as will be sufficient to com may pleat the said work, for removal of such doubts; Be it Certain arenacted by the General Assembly, that it shall and rears of taxes be lawful for the said commissioners to demand and reappropriated ceive from the sheriffs of the said counties, so much of pleating the to the comany arrears now due as will compleat the opening of the roads to the above roads; Provided the sums so demanded shall not mouth of the exceed the sums allowed by the above recited act. Little Kanha wa and Fish ers to send SECT. 2. And be it further enacted, That the commis- ing creek. sioners aforesaid shall transmit to the auditor of public Not to exceed accounts a transcript of their books on or before the first certain sums. day of October next, agreeable to the direction of the Commissionabove recited act, and that the sheriffs of the said coun- copies of their ties respectively shall settle their several accounts, and accounts to pay into the treasury of this Commonwealth on or before sheriffs to pay the said first day of October, all balances of the taxes the balances aforesaid as may remain in their hands; and upon failure in their hands thereof, the solicitor is hereby directed to move for judg- by a certain ments against the said sheriffs respectively, first giving them a reasonable notice. the auditor. day. CHAP. LX. An act appointing trustees in the room of those appointed in the act, intituled "An act for appointing trustees to regulate the making of slopes for the passage of fish in the mill-dams within the county of Bedford. (Passed the 10th of December, 1789.) WHEREAS it hath been represented to the present Preamble, General Assembly, that the trustees appointed by the act, intituled "An act for appointing trustees to regulate the making of slopes for the passage of fish in the mill-dams within the county of Bedford," are either dead or removed, and it is judged necessary to appoint others; Be Trustees to it therefore enacted, that James Callaway, William Left- regulate the witch, Charles Clay, Charles Gwatkins, Thomas Lump- making of kins, John Otey, Robert Cowan, John Callaway and dams in Bedslopes in millJames Buford, gentlemen, shall be and they are hereby ford. constituted trustees in the stead and place of those mentioned in the said recited act, and shall do and perform what was required of the former trustees. VOL. XIII.-L Preamble, Certain es in Norfolk to CHAP. LXI. An act for selling certain escheated lands in the county of Norfolk. (Passed the 4th of December, 1789.) WHEREAS by a resolution of the General Assembly, the sum of four hundred and eighty-six pounds fifteen shillings and five pence, was directed to be paid to Mary Hurt, out of the proceeds of the sale of the confiscated estate of John Bowness; And whereas a tract of land in cheated land the county of Norfolk, late the property of the said John Bowness, is now vested in the Commonwealth by escheat; Be it therefore enacted by the General Assembly, that the executive shall instruct the escheator for the county of Norfolk, to sell as soon as may be, the aforesaid tract of land, in such manner and upon such terms as to them shall seem expedient, and out of the sales thereof to pay to the said Mary Hur the said sum of four hundred and be applied. eighty six pounds fifteen shillings and five pence, and any other debts against the said John Bowness, which shall Purchase money, how to be proved to their satisfaction, and to cause the balance to be paid into the public treasury. Preamble, CHAP. LXII. An act for repairing the road over the Blue (Passed the 12th of November, 1789.) SECT. 1. WHEREAS it is represented, that the road over the Blue Ridge at the place called Swift-run, in the county of Rockingham, cannot be kept in repair in the In what man- ordinary way prescribed by law: Be it therefore enacted by the General Assembly, that it shall be lawful for the court of the said county of Rockingham, and the same is hereby empowered and required annually, for and during the term of four years, to contract and agree with some ner road at Swift-run Gap to be repaired; |