condition of building on each of the said lots a dwelling house, twenty feet square at least, with a brick chimney, to be finished fit for habitation within three years from the day of sale; and the said trustees, or any three of them, shall, and they are hereby empowered, to convey the said lots to the purchasers thereof in fee simple, subject to the condition aforesaid, and pay the money arising from the sale thereof to the said Francis Conway, or his legal representative; the said trustees, or any three of them, shall have power from time to time to settle and determine all disputes concerning the bounds of the lots, and to establish such rules and orders for the regular building of houses thereon, as to them shall seem best and most couvenient; and that in case of the death, removal out of the county, or other legal disability, of any one or more of the said trustees, it shall and may be lawful for the surviving or remaining trustees, to elect and choose so many other persons in the room of those dead 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. That the purchasers of the lots in the said town, so soon as they shall have built upon and saved the same according to their respective deeds of conveyance, shall then be entitled to, and have and enjoy all the rights, privileges and immunities, which the freeholders and inhabitants of other towns not incorporated, hold and enjoy. If the purchaser of any lot shall fail to build thereon within the time before limited, the said trustees, or the major part of them, may thereupon enter into such lot, and sell the same again, and apply the money for the benefit of the iphabitants of the said town,

CHAP. V.

See vol. 9, p.

74, 133, 299,

An act for regulating the appoint- 388,558 Vol. ment of delegates to congress,

1. WHEREAS congress, by their act of November, in the year of our Lord one thousand seven hundred and eighty three, have recommended to the respective states in the union, to pass laws for the purpose of keeping up a full representation in congress, from each state, and it is expedient to revise, amend, and reduce the several acts of assembly respecting the appointment of delegates to congress, into one act;

10,p.74,163.

Former acts,

II. Be it therefore enacted, That all and every act or concerning appointment acts, concerning the mode of appointing and manner and wages of of supporting delegates to congress from this state, members of shall be, and the same are hereby repealed.

Congress repealed

Five dele

chosen

tend.

III. And be it enacted, That five delegates shall be annually chosen by joint ballot of both houses of as- gates to consembly, to represent this commonwealth in congress gress. to be for one year from the first Monday of November next annually ensuing the date of their appointment, three of whom, Three conat least, shall be constantly attending to discharge the stantly to at duties of their office, when and where that honorable body shall be sitting. That so soon as such election shall be made, the clerk of the house of delegates shall notify the same to his excellency the governor, who shall thereupon cause a credential to be made out, the seal of the commonwealth affixed thereto, signed by him and delivered to each delegate; which credential shall be in the words following, to wit: "Virginia solicit. The general assembly of this commonwealth, on Credentials the day of one thousand seven hundred and by joint ballot of both houses, elected esquire, a delegate to serve

in congress for one year, to commence from the first Monday in November next ensuing the date of his appointment. Given under my hand and the seal of the commonwealth, this

thousand seven hundred and

day of

one

IV. And be it further enacted, That in case of the Those electdeath, resignation, or removal from office of any dele- ed to supply gate to congress, the person who shall be elected to supply the vacancy occasioned by such death, resigna- serve,

vacancies, how long to

Wages.

tion, or removal from office, shall serve only for the period which such delegate would have served in case such death, resignation, or removal from office had not happened; and the credential to be given by the governor as aforesaid, shall be varied accordingly.And for the support of the delegates elected in manner aforesaid,

V. Be it enacted, That the treasurer, from and after the first Monday in November next, shall, in quarterly payments, pay to each delegate out of the fund apprepriated to the civil department, or any other fund hereafter to be assigned for that purpose, the sum of eight dollars per diem, for every day in which he shall be attending on, travelling to, or returning from, cougress. Nothing in this act shall extend to the delegates at present representing this state in congress, who shall continue to act and receive the same allowances as they would have done; and the vacancies that have already happened, or may happen before the first Monday in November next, shall be supplied in thẹ same manner as if this act had never been made.

Mononga La county divided, and Harrison formed.

CHAP. VI.

An act for dividing the county of Monongalia.

1. BE it enacted by the General Assembly, That from and after the twentieth day of July next, the county of Monongalia shall be divided into two distinct counties, by a line to begin on the Maryland line, at the fork ford on the land of John Goff, thence a direct course to the head waters of Big Sandy creek, Boundaries. thence down the said creek to Tyger's valley fork of Monongalia river, thence down the same to the mouth of the west fork river, thence up the same to the mouth of Biggerman's creek, thence up the said creek to the line of Ohio county; and that part of the said county lying south of the said line, shall be called and known by the name of Harrison, and all the residue of the

said county shall retain the name of Monongalia; that a court for the said county of Harrison, shall be held by the justices thereof on the third Tuesday in every Court days✔ month, after such division shall take place, in such manner as is provided by law for other counties, and shall be by their commissions directed; that the justi ces to be named in the commission of the peace for the said county of Harrison, shall meet at the house of George Jackson, at Bush's Old Fort, on Buchanan river, in the said county, upon the first court-day after the said division shall take place, and having taken the oaths prescribed by law, and administered the oath of office to, and taken bond of, the sheriff according to law, proceed to appoint and qualify a clerk, and fix upon a place for holding courts in the said county, at or as near the centre thereof, as the situation and convenience will admit of; and thenceforth the said court, shall proceed to erect the necessary public buildings at such place; and until such buildings be compleated, to appoint any place for holding courts as they shall think proper. Provided always, That the appointment of a place for holding courts, and of a clerk, 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 cases the appointment shall be postponed until some court day, when a majority shall be present; that the governor, with advice of the council, shall appoint a person to be first sheriff of the said county, who shall continue in office during the term, and upon the same conditions, as is by law appointed for other sheriffs.

II. Provided always, and be it further enacted, That it shall be lawful for the sheriff of the said county of Monongalia, to collect and make distress for any public dues or officers fees, which shall remain unpaid by the inhabitants thereof, at the time such division shall take place, and shall be accountable for the same in like manner, as if this act had not been made; and that the court of the said county of Monongalia, shall have jurisdiction of all actions and suits in law or equity, which shall be depending before them at the time of the said division, and shall try and determine the same, and issue process and award execution thereon.

III. And be it further enacted, That the court of the said county of Monongalia, shall account for and pay to the court of the said county of Harrison, all such sums of money as shall or may be paid by the inhabitants of the said county of Harrison, towards defraying the expence of erecting a courthouse and other public buildings in the said county of Monongalia. That in all elections of a senator, the said county of Harrison shall be of the same district with the said county of Monongalia.

1782, ch. 8, sec. 4.

CHAP. VII.

See October An act to suspend in part the operation of an act, intituled, An act to amend and reduce the several acts of assembly for ascertaining certain taxes and duties, and for establishing a permanent revenue, into one act, for a limited time.

Collection

1. WHEREAS the present circumstances of the good people of this commonwealth render it necessary that a temporary indulgence should be extended to them in the payment of certain taxes, becoming due in the year one thousand seven hundred and eightyfour:

II. Be it therefore enacted by the General Assembly, of taxes sus. That the operation of so much of an act, intituled, pended. "An act to amend and reduce the several acts of assembly for ascertaining certain taxes and duties, and for establishing a permanent revenue, into one act," as authorizes the several sheriffs and collectors within this commonwealth to make distress for the taxes imposed by the said act, on the first day of June in the present year, shall be suspended until the last day of January next; and the sheriffs and collectors aforesaid, shall. pay into the public treasury, the amount of the said taxes, on or before the twenty-fifth day of March next;