fice.

pointed sheriff, refusing to accept and execute such Penalty for commission to him directed, shall forfeit and pay the refusing of sum of fifty pounds, for the use of the county where such refusal shall be; to be recovered with costs, by action of debt or information, in any court of record, except as is excepted in the act, intituled, "An act pre scribing the method of appointing sheriffs, and for limiting the time of their continuance in office, and directing their duty therein." So much of the said recited

act as comes within the purview of this act is hereby repealed.

CHAP. XL.

[Chapter CXXXV in

An act to amend the act for calling in original.] and redeeming certain certificates.

1

50.

1. WHEREAS it is represented to this general asSee May sembly, that it will be impracticable for the auditors 1782, c. 46, of public accounts to adjust and settle the claims of all persons against this state, agreeable to the directions of an act, intituled, "An act for auditing certain public claims, so as the public creditors may receive warrants for the same, previous to the time appointed by law for collecting the several taxes imposed by an act, jutituled, An act for calling in and redeeming certain certificates."

II. Be it therefore enacted, That the collection of collection of the taxes imposed by the said act be postponed until taxes postthe first day of August next; and that where any sher- poned. iff hath not given security for collecting and paying the same, the courts of the several counties shall, in or before the month of May next, take bond and security of the sheriff in the manner by the said act directed; Sheriffs to and the said sheriff shall, from and after the said first day where not give bond, of August next, collect, receive, distrain for, and pay already the taxes by the said act imposed, in his county, under done. the like rules, regulations, allowances, and penalties, as are prescribed by the said act,

VOL. XI.

W

All specie Werrants, & militia certi

III. And be it further enacted, That all warrants for specie, and certificates for militja service shall be reficates recei- ceived in payment of the said taxes in the same manvable in tax- ner as warrants issued by the auditors of public accounts by virtue of an act, intituled, "An act for adjusting claims for property impressed or taken for pub lic service.

es.

[Chapter CXXXVI in original.]

Continental army may be

CHAP. XLI.

An act concerning the legion under the command of colonel Dabney.

1. WHEREAS it is expedient to fill up this state's quota of continental troops as speedily as possible: II. Be it therefore enacted, That the governor, with the advice of the council, may appoint proper persons recruited by enlistments to enlist into the continental service, all, or so many of from colonel the men composing the legion at present commanded Dabney's le- by colonel Dabney, as shall be willing to serve theregion Executive in for the term of three years, or during the war. Provided always, That nothing herein contained shall be construed to prevent the with advice of coungovernor, cil, from ordering such part of the said legion who frontiers, or may be willing to do duty on board of the barges or other armed vessels fitted for the defence of the bay, or if it should be thought necessary, to the defence of the western frontier of this commonwealth.

may order legion to defence of

Western

on board armed vessels, if will

ing to serve

If legion re sey to be soid

duced, hor.

III. And be it further enacted, That the governor, with the advice of council, is hereby empowered and required, in case the said legion be reduced by enlisting into the continental or other service, to direct the horses of the said legion to be sold, and the money a rising therefrom to be paid into the public treasury.

CHAP. XLII.

An act to repeal the act, intituled, An act to enable the congress of the United States' to levy a duty on certain goods and merchandizes, and also on all prizes.

[Chapter CXXXVII in original.]

I WHEREAS the permitting any power, other Act to ena. than the general assembly of this commonwealth, to ble congress levy duties or taxes upon the citizens of this state with- to lay duties in the same, is injurious to its sovereignty, may prove on goods & destructive of the rights and liberty of the people, and prizes repealed. so far as congress might exercise the same is contravening the spirit of the confederation in the eighth article thereof:

II. Be it therefore enacted, That the act, intituled, "An act to enable the congress of the United States to levy a duty on certain goods and merchandizes, and also on all prizes," shall be, and the same is hereby repealed.

CHAP. XLIII.

An act for establishing a town in the county of Bedford.

[Chapter CXXXVIII in original.]

I. WHEREAS it is represented that William Down- Town of Liing and Joseph Fuqua, have given and conveyed for berty, in Bedford the use of the county of Bedford, one hundred acres of county esta land, whereon the court-house and other public build- blished. ings of the said county are now erecting, and application being made to this assembly for establishing a town thereon:

II. Be it therefore enacted, That the said one hundred acres of land be, and the same are hereby, vested in William Meade, William Callaway, William Left

Lots, how

wich, Robert Clarke, James Buford, James Turner, and James Wright, gentlemen, trustees, to be by them, or any four of them, laid out into lots of half an acre each or more, with convenient streets, which shall be, and the same is hereby, established a town by the name of Liberty. That so soon as the said one hundred adisposed of cres of land shall be so laid out into lots and streets, the said trustees, or any four of them, shall proceed to sell the said lots in such manner as they shall think Conditions best. The purchasers to hold the said lots respectiveof building ly, subject to the condition of building thereon, in such manner, and in such time, as the said trustees, or a majority of them, shall think best, and to convey the said lots to the purchasers in fee, subject as aforesaid, and to pay the money arising from such sales to the court of the said county, to be by them applied towards Two agres lessening the county levy. Provided always, That reserved for two acres whereon the court-house and other public public build. buildings are erecting, shall be, and they are hereby, ings. reserved for the public use of the county. The said Powers of trustees, or a majority of them, shall have power 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 county, or other legal disability, of any one of the said trustees, it shall be law. ful for the other 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 elected, shall be vested with the same power and authority as those particularly named in this act.

trustees.

Vacancies, how suppli.

ed.

Privileges of purchasers.

III. And be it further enacted, That the purchasers of lots in the said town, so soon as they shall have saved the same, according to the conditions of their respective deeds of conveyance, shall be entitled to, and enjoy all the rights, privileges, and immunities, which the freeholders and inhabitants of other towns in this state, not incorporated by charter, hold and enjoy. If the purchaser of any lot shall fail to build thereon within the time limited in his deed of conveyance, the said trustees, or a major part of them, may thereupon enter into such lot and may sell the same again, and apply the money in any way for the benefit of the said

town.

CHAP. XLIV.

An act to amend the act, intituled, An act for establishing and regulating the militia.

1. WHEREAS experience hath proved the great atility of cavalry in this state, as well to controul the operations of the enemy, as to give extent and efficacy to those of our own troops:

[Chapter CXXXIX in original.]

how organ

II. Be it enacted by the General Assembly, That e- Cavalry, in very sixteenth man of the militia shall be formed into the militia, a body of cavalry, and armed in manner hereafter di- ized and rected, that is to say, the lieutenant or commanding armed. officer of the militia in every county, shall call a general muster in the month of March next, and shall propose to the militia of his county, that such as incline to act as horsemen, shall, within ten days after such muster, give in their names to such lieutenant or commanding officer. Each horseman so entering voluntarily shall provide a sufficient horse, not less than fourteen hands high, and a good saddle and bridle, and shall be furnished by the state with a proper horseman's sword and cap, one pistol, and a pair of hol

sters.

Officers of

Exempted

III. And be it enacted, That the field officers of each battalion, with the approbation of the lieutenant or cavalry, how commanding officer of the county, shall nominate pro- appointed. per persons to command the cavalry to be embodied by virtue of this act, who shall be commissioned by the governor. The officers so appointed shall call the Cavalrry, said horsemen once in every month, to some conveni- how trained. ent place in each county, for the purpose of training and disciplining. The said cavalry shall be exempt from duty in from attendance in all other private musters, and shall main body of be entitled to the same pay, rations, and forage, when militia. in actual service, as cavalry in the continental army. Pay. And in case their horses, saddles or bridles, shall be Horses, &c. taken by the enemy, lost or destroyed, without the ne- lost, paid for glect or default of such horsemen, when in actual ser- by public. vice, the same shall be paid for by the public; which horses, saddles and bridles, the county lieutenants or commanding officers, shall have valued by three free