any thing in the said recited act to the contrary notwithstanding.

III. Provided always, and be it further enacted, That nothing herein contained shall extend to prohibit the several sheriffs or collectors from making distress for all arrearages of taxes which they were by law authorized to distrain for before the said first day of June, but the same shall be collected and paid into the public treasury, in like manner as if this act had never been made.

CHAP. VIII.

An act for establishing a town on the lands of Catesby Jones, in the county of Westmoreland.

blishetl.

I. BE it enacted by the General Assembly, That fifteen acres of land, the property of Catesby Jones, ly- Town of Kining on the river Yeocomico, in the county of Westmore- sale, in Westland, be, and the same is hereby vested in John Tur- moreland berville, Fleet Cox, Richard Lee, Walter Jones, Rich- County, estaard Buckner, John Gordon, and Hudson Muse, gentlemen, trustees, to be by them, or any four of them, laid out into lots of half an acre each, with convenient streets, which shall be, and the same is hereby established a town by the name of Kinsale; that so soon as the said fifteen acres of land shall be so laid off into lots and streets, the said trustees, or any four of them, shall proceed to sell the said lots at public auction, for the best price that can be had, the time and place of which shall be previously advertised for two months in the Virginia Gazette; the purchasers to hold the said lots respectively, subject to the condition of building on each of the said lots a dwelling house sixteen feet square at least, with a brick or stone chimney, to be finished fit for habitation within three years from the day of sale; and the said trustees or any four of them, shall, and they are hereby empowered, to convey the said lots to the purchasers thereof in fee simple, subVOL. XI. W 2

ject to the condition aforesaid, and pay the money arising from the sale thereof to the said Catesby Jones, his heirs, executors, administrators or assigns. The said trustees, or any four 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 county, or other legal disability, of any of the said trustees, it shall be lawful 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 trustecs, so chosen, shall be to all intents and purposes, vested with the same powers as those particularly named in this act. The purchasers of the lots in the said town, so soou as they shall have built upon and saved the same according to the conditions of their respective deeds, shallbe 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, 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 towards repairing the streets, or in any other way for the benefit of the said town.

Chowning's ferry, over Rappahan nock to Ur. banna, esta

CHAP. IX.

An act for establishing a new ferry, and discontinuing the ferry established from the lands of Jesse Shelton to Urbanna.

I. BE it enacted by the General Assembly, That a ferry be constantly kept from the lands of John Chowning, in the county of Lancaster, over Rappahannock river to Urbanna, and the rates for passing

ry disconti

the same as followeth: For a man, two shillings; and blished, and for a horse, the same. And for the transportation of Shelton's ferwheel carriages, tobacco, cattle, and other beasts at nued. the place aforesaid, the ferry-keeper may demand and take the following rates, to wit: For every coach, chariot, or waggon, and the driver thereof, the same as for six horses; for every cart or four wheel chaise and the driver, the same as for four horses; for every two wheel chaise or chair, as for two horses; for every hogshead of tobacco, as for one horse; for every head of neat cattle, as for one horse; for every sheep, goat, or lamb, one fifth part of the ferriage for one horse; and for every hog, one fifth part of the ferriage for one horse, and no more. If the ferry-keeper shall demand or receive from any person or persons whatsoever, any greater rates than is hereby allowed, for the carriage or ferriage of any thing, he shall for every such offence, forfeit and pay to the party grieved the ferriages demanded or received, and ten shillings; to be recovered with costs, before a justice of the peace of the county where the offence shall be committed.

II. And be it further enacted, That the ferry heretofore established from the land of Jesse Shelton, to Urbanna, shall be henceforth discontinued.

CHAP. X.

An act to amend an act For establisha land-office, and ascertaining the terms & manner of granting waste and unappropriated lands.

See May,

1779, ch. 13.

See vol. 10

pa. 61.

So much of

1. WHEREAS by an act, intituled, "An act for establishing a land-office, and ascertaining the terms act for estab and manner of granting waste and unappropriated lishing landlands," it was enacted, that any person possessing high office, as lands, to which any swamp, marshes, or sunken gives propri etors of high grounds are contiguous, shall have the pre-emption lands, to of such swamps, marshes, or sunken grounds, for one which year from and after the passing of the said recited act; marshes, and and if such person shall not obtain a grant for such sunken

swamps

groun ds, con-swamps, marshes, or sunken grounds, within the said tiguous, a year, then any other person may enter on, and obtain preemption thereon, for a grant for the same, in like manner as is directed in one year on the case of other unappropriated lands. And great iy, repealed, inconvenience will arise to the proprietors of high lands adjacent to such swamps, marshes, or sunken grounds, for the want of a due promulgation of the said recited act;

All entries for such. declared void.

Preemptions extended.

Patents to be

obtained for sunken grounds, as for surplus

lands.

II. Be it therefore enacted, That so much of the said act as is recited above, shall be, and the same is hereby repealed. And for preventing a multiplicity of law suits which may arise out of the said recited clause in the act aforesaid,

III. Be it further enacted, That all and every entry or entries that may have been made by any person whatsoever for such swamps, marshes, or sunken grounds, shall be, and the same are hereby declared null and void.

IV. And be it further enacted, That the proprietor of high lands, to which any such swamps, marshes, or sunken grounds are contiguous, shall have a right of pre-emption to enter for and complete their title thereto, until the first day of May, one thousand seven hundred and eighty six, and no longer; after which it shall and may be lawful for any other person or persons to enter for, survey, and obtain grants for the same: Saving to persons beyond sea, feme coverts, infants, and persons under other legal disabilities, the term of three years after their respective disabilities shall be removed.

V. And be it further enacted, That patents shall be obtained upon entries for all vacant sunken grounds aforesaid, in the same manner and upon the same terms as upon surplus lands. And whereas the register of the land-office is restrained from receiving surveys, unless the warrant under which each survey is made is also therewith returned, which in many cases is productive of great inconvenience, and the register by having in his office a list of warrants is possessed of a sufficient check to prevent imposition herein;

Register may VI. Be it therefore enacted, That the said register receive sur- may henceforth receive into his office, any survey certified by a sworn surveyor, which corresponds with the warrant it refers to, although the said warrant under

veys, altho' warrant not returned.

which the said survey is made shall not be returned into his office.

VII. And be it further enacted, That the sheriffs How this act of the several counties within this commonwealth, shall promulgated. immediately after receiving this act, read the same at

the court-house door of their respective counties for two several court days.

CHAP. XI.

An act of indemnity to certain per

sons.

committed

I. BE it enacted by the General Assembly, That Indemnity to all and every person or persons who either directly persons who or indirectly committed any insult or injury against violence on the person of a certain Joseph Williamson, on the Joseph Wiltenth day of October, in the year one thousand seven liamson. hundred and eighty three, or breach of the peace on that occasion, and which was previous to the ratification of the definitive treaty between Great Britain and America, shall be, and they are hereby respectively indemnified for the same, and shall be exonerated and discharged of and from any fines, penalties, or forfeitures, which they might have incurred thereby.