1

fit the

སཱ ཤེ ཛ * [Ch. XCITI

CHAP. LIII. ia original. j

An act ta establish a town at the court

house in the county of Fayelle.
Towar of

1. WHEREAS it is represented to this assembly,
Lexington,
Fave te

that six hundred and forty acres of wrappropriated
county, Kes lands in the county of Fayette, whereon the courthouse
tuck esta of the said county stands, have been by the settlers
blished

tiereon laid out into lois and streets for a town, and
that the said sellers have purchased seventy acres of
Jand 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:

Il. Be it therefore enacted, That the said seven hun-
2.3 dred 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 pame of Lex-

inglou.
Trustees to III. And be it further enacted, That the said trustees,
make con or any four of thein, shall, and they are hereby em-
veyances to
settlers.

powered and required to make conveyances to those
persons who have already settled on the said lots; as

also to the purchasers of lors heretofore sold, agreeable
to die condition of the contracts; and may also

proceed
to lay off such other part of the said land as is not yei
laid off and settled into las and streets, and such lots*
shall be by the wustees suid or otherwise disposed of
for the benefit of the inhabitants of the said town, and
convey the same in fee simple, agrocable to the condi-
tion of the contract. Provided alionys, That the lots
in the said town whicli liave been laid of and set apart
for erecting thereon plic public buildings of the said
county, shall be and remain to and for that use and pur-
pose,

and to other whaierer.
Power of 1V. And be it further enacted, That the said trustees,
trustces. or the major part of them, sball have power, from time

to time, to setite and determine all disputes concerning
the bounds of vie said lots, and to seule such rules and

orders for the regular building of houses thereon as to them shall seem best and most convenient. And in Vacancies, case of the death, removal out of the country, or other

how suppli

ed. legal disability of any of the said trustees, it shall and may be lawful for the remaining trustees to elece and choose so many other persons in the room of those dead, removed or disabled, as shall make up the number, wbieh truste?

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

Privileges well as purchasers of the lots in the said town, so soon

of settlera. as they shall bave 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 wbich, the freeholders and inhabitants of other towns in this state, not incorporated by charter or act of assembly, have and enjoy.

VI. And be it further enacted, That the said trustees Survey and shall cause tbe survey and plot of the said town to be plat, where recorded in the court of the said connty of Fayette, to be record Saving to all persons all such righi, 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.

British

CHAP. LIV.

[Ch. XCIV

in original.] An act for seizure and condemnation

of British goods found on land. 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 lia

goods found of the growth, produce, or manufacture of Great-Bri- ble to seiz: tain, or of any territory depending thereon, which shall ure and com be 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

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 valid

ity of such seizures, Proceedings II. Be it further enacted, That the person or per:0 determine validity of

sons by whom such seizure shall be made, shall in ven seizures. 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 captare on the seas. tation sed, That before any such trial, a copy of the cis tation 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 bis 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, waręs or merchandize shall not be subject to condemnation under this act. Jn every case of condemnation by virtue of this act, the goods shall be sold by the marshal of the said court, and the money arise ing 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 full costs against the prosecutor,

Provided always, That nothing in this act shall extend Suspension or be construed to extend to any goods, wares or mer

chandize which shall be captured or taken from the em nemy. Provided also, That the operation of this act shall be, and is hereby suspended until the rest of the 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)

An act to amend the act for establish (Ch. Reve

p, ing a district court on the western waters.

See ante chi 48.

I. BE it enacted, That in case the judges of the Provision in coort 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 ata

tend. such day, and if all the judges should fail to attend on any court day, the court shall stand adjourned till the court in course, and all matters depending therein shall be continued till such court.

11. And be it further enacted, Thạt whenever process Return of shall be sent out of the district, the same may be made process sent

out of disreturnable on any return day within the term of nine

trict, months from the date thereof.

III. And be it further enacted, That where transito. Certain tran. ry actions shall be depending in the bigh court of chan-sitory ac

tions provide 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 wbich 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 disc trict, which are directed to issue from the court of the said district to any other part of this commonwealth.