thereof, to hold to such purchaser or purchasers in fee simple; that the money arising from such sale shall be equally divided between the said parishes of Saint Anne and Fluvanna, in proportion to the number of tithables in each parish, and the vestries of the said parishes respectively, shall apply the money when received in the purchase of other lands for a glebe for the use of their respective ministers for the time being for ever.

CHAP. XLII.

p. 106.]

An act to restrict the delegates of this [Chan. Rev. commonwealth in congress from engaging in any trade either foreign or domestick.

stricted from

I. BE it enacted by the General Assembly, That every Delegates to delegate hereafter to be chosen to represent this com- congress remonwealth in congress, shall before he departs this engaging in state, take the following oath or affirmation, to be ad- trade. ministered by any member of the privy council, or justice of the peace within this commonwealth, to wit: "I A. B. do solemnly swear (or affirm) that I am not directly or indirectly engaged in any merchandize, either foreign or domestick, except for commodities of my own growth or manufacture; and that I will not engage in any such merchandize so long as I continue a delegate in congress. So help me God."

II. And be it farther enacted, That each of the dele- Their oath, gates heretofore chosen, and now representing this to that efstate in congress, shall take the said oath or affirma- feet. tion, which shall be administered to them by any one of the delegates hereafter to be chosen, he having previously taken the said oath or affirmation.

Part of the county of Augusta added to Mo

nongalia.

CHAP. XLIII.

An act for adding part of the county of Augusta, to the county of Monongalia, and other purposes.

FOR adding part of the county of Augusta to the county of Monongalia: Be it enacted by the General Assembly, That all that part of the said county of Augusta that lies to the north west of the following lines, to wit: Beginning at the dividing ridge between the waters of Elk and little Kenhawa rivers, and running thence till it intersects the ridge between the western fork of Monongalia and Elk river, thence with the said dividing ridge to the ridge dividing the waters of Tygers Valley and Buchanan prongs of the Monongalia, thence with the said ridge to the intersection of the said Tygers Valley prong by the said ridge, thence with the said ridge to the old line on the ridge between the waters of Tygers Valley prong and those of Cheat river, and thence with the said ridge that divides Cheat river and the waters of Potowmack shall be added to, and made part of the county of Monongalia.

Provided always, That nothing herein contained shall be construed to hinder the sheriff or collector of the said county of Augusta from collecting and making distress for any levies, taxes, or officers fees which may be due and unpaid by the inhabitants thereof, but such sheriff or collector may collect and distrain for the same, and be answerable for them in like manner as if this act had never been made.

Provided also, That nothing herein contained shall be construed to hinder the court of the said county of Augusta from laying their respective levies for this present year upon that part of the inhabitants of the said county hereby added to the said county of Monongalia, and that the sheriff of the said county of Augusta shall collect and account for the same in like manner as if this act had never been made.

CHAP. XLIV.

An act for the manumission of a certain Slave.

WHEREAS a negro man slave named Kitt, the Kitt, a slave, property of a certain Hinchia Mabry of the county of the properBrunswick, hath lately rendered meritorious service ty of Hinchia to this commonwealth, in making the first information Mabry emancipated, and discovery against several persons concerned in for his mericounterfeiting money, whereby so dangerous a con- torious ser vices, in dis federacy has been in some measure broken, and some of the offenders have been discovered and brought to counterfeitcovering trial; and it is judged expedient to manumit him for ers of money such service; Be it therefore enacted by the General Assembly, That the said Kitt be, and he is hereby declared to be emancipated and set free; any law or usage to the contrary notwithstanding. And it is farther enacted, That the treasurer of this commonwealth may, and he is hereby required to pay to the said Hinchia Mabry, on producing the auditors warrant, which they are hereby directed to grant, the sum of one thousand pounds out of the publick treasury, as a full compensation for the said slave.

CHAP. XLV.

An act concerning escheators.

[From Revi sed Bills of 1779, chap. XXIV. p. 22.-Chan.

except in

1. BE it enacted by the general Assembly, That there Rev. p. 106.] shall be one escheator commissioned in every county Escheators, by the governour, on recommendation from the court Northern of the same county, except the counties in the Northern Neck, how Neck, who shall execute his office in proper person, appointed. and not by deputy; and shall before the court of the county be bound in the penalty of two thousand pounds with security, to be approved by the same court, duly to perform the duties of his said office. The said escheator shall sit in convenient and open places, and shall take his inquests of fit persons, who

How to take inquests.

Traverse,

monstrans de droit, peti

tion of right.

shall be returned and empannelled by the sheriff of the county, and shall suffer every person to give evidence openly in their presence to such inquest; and the said inquisition so taken, shall be by indentures, to be made between the said escheator and them of the inquest, whereof the counterpart, sealed by the escheator, shall remain in the possession of the first person that shall be sworn in the said jury, and by him shall be returned to the court of the same county, there to be recorded; and the other part, sealed by the jurors, shall by the escheator be sent into the general court within two months after the inquest taken; and if it be found for the commonwealth, and there be any man that will make claim to the lands, he shall there be heard without delay on a traverse to the office, mon$trans de droit, or petition of right; and the said lands or tenements shall be committed to him if he shew good evidence of his right and title, to hold until the right shall be found and discussed for the commonwealth, or for the party finding sufficient surety to prosecute his suit with effect, and to render and pay to the commonwealth the yearly value of the lands, if the right be discussed for the commonwealth. No lands or tenements seized into the hands of the commonwealth, upon such inquests taken before escheators, shall be in any wise granted, nor to farm let to any if it be not to him or them which claim as is aforebefore gran said, till the same inquests and verdicts be fully returned into the general court, nor within twelve months after the same return, but shall entirely and continually remain in the hands of the escheators, who shall answer to the commonwealth the issues and profits yearly coming of the said lands and tenements, without doing waste or destruction. If no person within Duty of the twelve months before mentioned make claim to clerk of ge- the lands or tenements so seized, or claim being so neral court made, if it be found and discussed for the commonto certify to escheator. wealth, the clerk of the general court shall, within two months thereafter, certify to the escheator of the county wherein the lands lie, that no claim hath been made, or that being made, it hath been discussed for the comEscheated monwealth; which escheator shall thereupon proceed lands when to make sale of the land for the benefit of the commonsold. wealth, to him who will give the most, after one month's publick notice of the time and place of doing the same;

How long lands to re

main in hands of escheator

ted.

lands es

and shall certify the purchaser and price to the regis ter of the land office, who on receiving a certificate that such price hath been paid into the treasury, shall have a grant executed to the purchaser in such manner as by law directed in the case of unappropriated lands. Where any person holds lands or tenements Particularinfor term of years, or hath any rent, common office fee, terests in or other profit, apprehender* of any estate of freehold, cheated, how or for years, or otherwise out of such lands or tene- secured. ments, which shall not be found in such office or inquisition, such person shall hold and enjoy his lease, interest, rent, common office fee, and profit, apprehender in manuer as if no such office or inquisition had been found, or as if such lease, interest, rent, common office, or profit, apprehender hath been found in such inquisition. Also if one person or more be found heir Remedy in by office or inquisition in one county, and another cases of inperson be found heir to the same person in another or untrue incounty; or if any person be untruly found lunatick, quests. ideot, or dead; or where it shall be untruly found that any person attainted of treason or felony is seized of any lands, tenements, or hereditaments, at the time of such treason or felony committed, or any time after, whereunto any other person hath any just title or interest of any estate of freehold, the person grieved by such office or inquisition, may have his traverse or monstrans de droit to the same, without being driven to any petition of right, and proceed to trial therein, and have like remedy and restitution upon his title found or judged for him therein, as in other cases of traverse upon untrue inquisition found.

* So in the original, and Chan. Rev. but it is a mistake. It should be "apprender," as in the Revised Bills of 1779.

consistent,