ment revenue," under the same regulations as are provided in the aforesaid act for regulating the inspection of flour, and that each barrel shall contain one hundred and ninety six pounds, and no more.

Flour and

ecutions, to

III. And whereas by an act of this session intituled "An act to repeal so much of a former act as suspends hemp tenthe issuing of executions upon certain judgments until dered on exDecember one thousand seven hundred and eighty be inspected three," it is enacted, that executions may be discharged among other commutable articles in merchantable inspected hemp and flour: Be it therefore enacted, That all hemp and flour tendered in payment of any debt or execution, shall be first inspected at the aforesaid public inspections, and that the receipts of the inspectors for hemp or flour may be paid agreeable to the tenor of the said act, and no other. Provided always, That no inspectors receipt for flour shall be offered in payment when the flour has been inspected more than three months.

Warehouses

IV. And be it further enacted, That the governor for flour and and council shall be empowered to rent other ware- hemp may houses at the heads of navigation, if the public ware- be rented. houses are not sufficient to hold all the flour and hemp to be inspected as aforesaid.

Fees for

V. And be it further enacted, That there shall be paid upon the delivery of the private hemp or flour, by rents. the person holding the receipts for the same, three shillings for every ton of hemp per month, and four pence for every barrel of flour per month, for every month that the same may lie in the warehouse, to be applied towards paying the rent of such warehouses as the governor may hire; and that the inspectors of hemp shall For inspecbe allowed five shilings per ton for inspecting the same, tion of hemp to be paid by the person depositing the same at the

warehouse.

Death to counterfeit

VI. And be it further enacted, That if any person whatsoever shall forge or counterfeit, alter or erase, the stamp or receipt of any inspector of flour or hemp, receipts for or tender in payment any such forged or counterfeited, hemp or altered or erased receipt, knowing it to be such, and flour. shall thereof be convicted, he or they shall be adjudged a felon, and suffer death as in case of felony, without the benefit of clergy.

[Ch. XCII in original.j

CHAP. LIII.

An act to establish a town at the courthouse in the county of Fayette.

Town of 1. WHEREAS it is represented to this assembly, Lexington, that six hundred and forty acres of unappropriated Fayette county, Ken- lands in the county of Fayette, whereon the courthouse tucky esta of the said county stands, have been by the settlers blished. thereon laid out into lots and streets for a town, and that the said settlers have purchased seventy acres of land contiguous to the said six hundred and forty acres, being part of a survey made for John Floyd: And whereas it would tend greatly to the improvement and settling the same, if the titles of settlers on the lots were confirmed and a town established thereon:

Trustees to make con veyances to settlers.

Power of trustees.

II. Be it therefore enacted, That the said seven hundred and ten acres of land be and the same is hereby vested in fee simple in John Todd, Robert Patterson, William Mitchell, Andrew Steel, William Henderson, William, M Cownald, and William Steel, gentlemen, trustees, and established a town by the name of Lexington.

III. And be it further enacted, That the said trustees, or any four of them, shall, and they are hereby empowered and required to make conveyances to those persons who have already settled on the said lots; as also to the purchasers of lots heretofore sold, agreeable to the condition of the contracts; and may also proceed to lay off such other part of the said land as is not yet laid off and settled into lots and streets, and such lots shall be by the trustees sold or otherwise disposed of for the benefit of the inhabitants of the said town, and convey the same in fee simple, agreeable to the condition of the contract. Provided always, That the lots in the said town which have been laid off and set apart for erecting thereon the public buildings of the said county, shall be and remain to and for that use and pur. pose, and no other whatever.

IV. And be it further enacted, That the said trustees, or the major part of them, shall have power, from time to time, to settle and determine all disputes concerning the bounds of the said lots, and to settle such rules and

orders for the regular building of houses thereon as to them shall seem best and most convenient. And in case of the death, removal out of the country, or other legal disability of any of the said trustees, it shall and may be lawful for the remaining trustees to elect and choose so many other persons in the room of those dead, removed or disabled, as shall make up the number, which trustees so chosen, shall be, to all intents and purposes, individually vested with the same power and authority as any one in this act particularly mentioned.

V. And be it further enacted, That the settlers as well as purchasers of the lots in the said town, so soon as they shall have saved the same, according to the condition of their respective deeds of conveyance, shall 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 by charter or act of assembly, have and enjoy.

Vacancies,

how suppli

ed.

Privileges of settlers.

to be record

ed.

VI. And be it further enacted, That the said trustees Survey and shall cause the survey and plot of the said town to be plat, where recorded in the court of the said county of Fayette, Saving to all persons all such right, title and interest which they or any of them could or might have to the lands, or any part thereof hereby vested in the said trustees, if this act had never been made.

CHAP. LIV.

An act for seizure and condemnation of British goods found on land.

[Ch. XCIV in original.]

British

goods found

1. FOR preventing clandestine trade with our enemies during a time of war; Be it enacted by the General Assembly, That all goods, wares or merchandize, on land liaof the growth, produce, or manufacture of Great-Bri- ble to seiz. tain, or of any territory depending thereon, which shall ure and conbe imported or brought into this commonwealth and found on land, from and after the first day of September next, shall, and the same are hereby declared to be

fiscation.

Proceedings .o determine validity of seizures.

prohibited and subject to seizure and confiscation. It shall and may be lawful for any person within this commonwealth, being a magistrate, or legally authorized to make seizures, to seize upon land any such goods, wares and merchandize. And to determine the validity of such seizures,

II. Be it further enacted, That the person or persons by whom such seizure shall be made, shall in ten days thereafter, procure a citation to be issued from the court of admiralty, to summon the person or persons from whom the seizure shall be made, to appear before that court, on some certain day, not less than twenty days after the date thereof, to make good his claim to the goods in question, and upon the return of the citation served, or copy left at the last place of abode of the defendant, by any sworn officer, it shall and may be lawful for the court, and they are hereby directed to proceed to trial thereupon, agreeable to the rules of that court in cases of capture on the seas. Provided, That before any such trial, a copy of the citation shall be publicly affixed to the court-house door of the place where the seizure shall be made ten days, and shall also be inserted three weeks in the Virginia Gazette, to the intent that any person claiming right or interest in the goods seized may have an opportunity of entering and making known his claim, agreeable to the rules of that court. Provided always, That if it shall appear that the goods in question were imported or brought into this or any other of the United States before the said first of September next, such goods, wares or merchandize shall not be subject to condemnation under this act. In every case of condemnation by virtue of this act, the goods shall be sold by the marshal of the said court, and the money arising therefrom, after all charges are deducted, shall be divided, one moiety to the use of the prosecutor, and the other to the use of the commonwealth. Where the prosecutor shall be cast in his suit, the claimant or defendant shall recover fall costs against the prosecutor. Provided always, That nothing in this act shall extend Suspension or be construed to extend to any goods, wares or merchandize which shall be captured or taken from the enemy. Provided also, That the operation of this act shall be, and is hereby suspended until the rest of the

of act.

United States shall have passed similar laws on this subject. This act to continue and be in force for and during the continuance of the present war, and no longer.

CHAP. LV.

[Ch. XCV in original]

p. 170.]

An act to amend the act for establish- [Chan, Rev. ing a district court on the western waters.

See ante ch

48.

court of

1. BE it enacted, That in case the judges of the Provision in court of the district of Kentucky shall not attend at the case judges place appointed for holding the first court, they shall of district hold a court on such court day as they may attend, in Kentucky the same manner as if the court had been adjourned to do not atsuch day, and if all the judges should fail to attend on tend. any court day, the court shall stand adjourned till the court in course, and all matters depending therein shall be continued till such court.

Return of

11. And be it further enacted, That whenever process shall be sent out of the district, the same may be made process sent returnable on any return day within the term of nine trict. months from the date thereof.

out of dis

III. And be it further enacted, That where transito- Certain tranry actions shall be depending in the high court of chan- sitory actions provid cery or the general court on the first day of Augusted for next, between inhabitants of the district of Kentucky and inhabitants of any other part of this commonwealth, or where witnesses in any action or suit which may hereafter be depending in the said courts shall be living in the said district, the like process may in those cases issue from such courts to any county in the said district, which are directed to issue from the court of the said district to any other part of this commonwealth.