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CHAP. XXXII.

An act concerning Slaves.

[Ch. LXXII in original.]

[Chan. Rev.

p. 162.1

Slaves per

selves out,

1. WHEREAS great inconveniencies hath arisen Preamble. from persons permitting their slaves to go at large and hire themselves out, under a promise of paying their masters or owners a certain sum of money in lieu of their services: For remedy whereof, Be it enacted, That if any person shall, after the tenth day of August mitted to go next, permit or suffer his or her slave to go at large at large and and hire him or herself out, it shall be lawful for any hire themperson to apprehend and carry every such slave before may be sold a justice of the peace in the county where apprehend- by order of ed, and if it shall appear to the justice that such slave court. comes within the purview of this act, he shall order him or her to the gaol of the county, there to be safely kept until the next court, when, if it shall be made appear to the court that the slave so ordered to gaol hath been permitted or suffered to hire him or herself out, contrary to the meaning of this act, it shall be lawful for the court, and they are hereby required to order the sheriff of the county to sell and dispose of every such slave for ready money, at the next court held for the said county, notice being given by the sheriff at the court-house door at least twenty days before the said sale.

sheriff.

II. And be it further enacted, That twenty five per Allowance centum upon the amount of the sale of every slave made to county k under this act, shall be applied by the court ordering such sale, towards lessening the county levy, and the residue shall be paid by the sheriff, after deducting five per centum for his trouble and the gaoler's fees, to the owner of such slave.

[Ch. LXXIII in original.]

So much of

bits swine

going at

large in

CHAP. XXXIII.

An act to repeal so much of an act of assembly as prohibits swine going at large in the town of Staunton.

1. BE it enacted, That so much of an act of assemact as prohi- bly passed in May one thousand seven hundred and seventy-nine, intituled, "An act to displace the trustees of the town of Staunton and for other purposes Staunton re- therein mentioned," as prohibits any person or persons pealed. inhabitants of the said town, owners of swine, to suffer the same to go at large within the limits thereof, shall be, and the same is hereby repealed.

[Ch. LXXIV in original.]

Preamble.

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An act to repeal an act intituled An act to vest certain escheatable lands in trustees, and for other purposes.

1. WHEREAS by an act of assembly, passed in October one thousand seven hundred and seventyeight, intituled, "An act for vesting certain escheatable lands in trustees, and for other purposes," reciting that Bryan Obanion, being seized in fee of two hundred and fifty-seven acres of land, lying and being in the county of Berkeley, adjoining the lands of Tully McKenney and major general Charles Lee, did, in and by his last will and testament devise the same in taille to Aaron and Francis Johnston, or the survivor of them, being natural children of the said Bryan Obanion; that the said Francis died an infant, whereby the said Aaron became seized of the whole of the said lands, and died so seized intestate and without issue; and the said lands were declared by the said act to be escheated and vested in trustees, to be sold, and the

money arising from the sale to be divided among certain persons and in particular portions, as by the said act will appear: And whereas by the will of the said Bryan Obanion the elder, deceased, it appears that the said lands were limited over to Bryan Obanion, his grandson, upon the death of the said Aaron and Francis Johnston without issue; and the said Bryan Obanion hath made application to this assembly to repeal the said act, and thereby enable him to hold the said lands agreeable to the will of his said grandfather, and it is judged expedient so to do;

11. Be it therefore enacted, That the said recited act shall be, and the same is hereby repealed, and the said two hundred and fifty-seven acres of land vested in the said Bryan Obanion, and his freirs, in fee simple.

Certain es lands vested in Bryan O

cheated

banion, the younger.

CHAP. XXXV.

An act to sell the late court-house, prison and lots of Bedford county.

[Ch LXXV. in original.]

The late

lots of Bedford county

I. WHEREAS it is represented to this present general assembly, that the late court-house and prison of court house, Bedford county are, by the division of the said county, prison and rendered useless; II. Be it therefore enacted, That Richard Stith, to be sold. Robert Ewing, John Calloway, William Henderson, William Leftwich, and Robert Clarke, gentlemen, or any three of them, shall be, and they are hereby empowered to sell and dispose of the said buildings, together with the lots belonging thereto, to the highest bidder, on twelve months credit, after giving one month's notice of the time appointed for such sale, at the court-houses of the counties of Bedford and Campbell; and the said trustees shall, within one month after receiving the sum for which the court-house, prison and lots shall sell for, pay one moiety thereof to the justices of each of the said counties, to be by them applied to the lessening their county levies.

III. And be it further enacted, That if the said trustecs shall neglect or refuse to account for and pay the money so received, within the time limited by this act, to each of the said courts, agreeable to the before-mentioned proportion, they shall be liable to the action of the party grieved for the money so received and all damages incurred by delay of payment, to be recovered in the general court. And the said trustees, or any three of them, shall be, and are hereby empowered to execute deeds of conveyance for the said houses and lots, to the purchasers thereof, in fee simple.

[Ch. LXXVI.

in original.]

p. 162.]

CHAP. XXXVI,

[Chan. Rev. An act to amend an act for dissolving several vestries, and electing overseers of the poor.

Sce May 1380, c. 21. Preamble.

1. WHEREAS by experience it is found, that the act for dissolving several vestries and electing overseers of the poor in the counties therein named, hath greatly removed the inconveniencies for making provision for the poor in the said act recited; and the counties of Shanandoah, Henry, Monongalia, Ohio, and Berkeley, being subject to the same inconveniencies experienced in the aforesaid counties before the said act was passed: For remedy whereof, Be it enacted, other parish- That where the above enumerated counties have any vestries or other bodies vested with powers to provide for the poor, the same shall, from and after the first day of October next, be dissolved.

Extended to

es.

II. And for the providing for the poor, and other parochial duties as have heretofore been exercised by the vestries, church-wardens or other bodies of the reOverseers spective counties or parishes; Be it enacted, That the how to be sheriffs of the said counties of Shanandoah, Henry, Monongalia, Ohio, and Berkeley, shall take the same order in their respective counties to hold elections for

elected.

overseers of the poor in all times coming, as the respective sheriff's in the above recited act are directed to do; and the overseers so elected, being first qualified as the said act directs, shall, in all things, have the same powers, be incorporated in the same manner and subject to the same rule and government as the overseers are in the above recited act: And the courts of Their duty. the said counties of Shanandoah, Henry, Monongalia, Ohio, and Berkeley, in case of death, resignation, removal or refusal to act, of any overseer, shall supply such vacancy; and also shall direct their orders to the overseers so elected and qualified, in the same manner as the courts of the said counties in the above recited

act are directed to do. And if any sheriff or sheriffs Penalty on of the said counties of Shanandoah, Henry, Mononga- sheriff. lia, Ohio, and Berkeley, shall fail or neglect his or their duty as directed in the aforesaid recited act, he or they shall be subject to forfeit and pay the same penalties, and in all things subject to the same forfeitures as the sheriffs in the said recited act are subjected

to.

tries or

III. And be it further enacted, That where any suit Suits by and or suits are depending, in which the vestries or church- against veswardens are plaintiffs, by virtue of their office, no such churchwarsuit shall be dismissed in pursuance of this act, but the dens saved. overseers of the poor shall be taken and esteemed plaintiffs therein, and the suit or suits shall be perpetuated to a legal decision in the name of the said overseers. Provided also, That where any vestry or churchwardens hath suffered suit to be brought against them for breach of duty or neglect, the same shall be prosecuted against the said vestry or church-wardens, in the same manner as if this act had not been made.

IV. And be it further enacted, That the vestries of Vestries to the aforesaid counties of Shanandoah, Henry, Monon- account. galia, Ohio, and Berkeley, shall, on or before the first day of January next, make up and settle their accounts with the overseers of the poor of their respective counties, of all monies or tobacco by them levied or disbursed in virtue of their office.

V. And be it further enacted, That all penalties fines and forfeitures recovered by virtue of this act, shall be appropriated in the same manner as is directed in the above recited act.

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