did, by timely and effectual measures, suppress such conspiracy: And whereas the measures taken for that purpose may not be strictly warranted by law, although justifiable from the imminence of the danger;

Indemnity

Wm. Pres

James Calla

way, and

11. Be it therefore enacted, That the said William Preston, Robert Adams, junior, James Callaway and Charles Lynch, and all other persons whatsoever, con- ton, Robert cerned in suppressing the said conspiracy, or in advis- Adams, jr. ing, issuing, or executing any orders, or measures taken for that purpose, stand indemnified and exonorat- Chas. Lynch, ed of and from all pains, penalties, prosecutions, ac- for suppresstions, suits, and damages, on account thereof. And ing conspithat if any idictment, prosecution, action, or suit, shall racy against be laid or brought against them, or any of them, for any act or thing done therein, the defendant, or defendants may plead in bar, or the general issue, and give this act in evidence.

the state.

CHAP. XVI.

An act concerning the two legions raised by this state.

[Chap. CXI in original.]

army.

I. BE it enacted by the General Assembly, That all Soldiers be soldiers who have enlisted in the two legions, raised longing to for defence of this state, under the acts passed in the the two legions, auyear one thousand seven hundred and eighty one, shall thorised to be, and they are hereby permitted to enlist in this enlist in the states quota of continental troops; provided they give continental up all claim to any bounty, pay, or emolument accru ing to them under the said acts. And the exécutive are directed to place such sums of money as may be judged expedient, in the hands of proper persons, for the purpose of recruiting such soldiers as may incline to reinlist in the continental army for three years, or during the war, taking sufficient security for the pro- May be dis per disposal of the same. And the commanding offi- charged, on cers of the said legions are hereby empowered to dis- relinquishcharge any soldiers of the said legions, who will give ing the boun ty and pay, up the bounty and pay which they may claim under promised.

the aforesaid act; and the executive are hereby authorised to disband, by proclamation, the said legions whenever they may find necessary or expedient.

[Chapter CXII in original.]

Preamble.

Intercourse with flag

vessels, how conducted.

CHAP. XVII.

An act to prohibit intercourse with, and the admission of British subjects into this state.

1. WHEREAS all private and indirect communication with the common enemy, not compatible with public negotiations under lawful authority, ought to be prevented, and the interests of the republic will be best preserved by a strict adherence to the policy of an act of congress of the 4th of October last, recommending it to these United States to restrict all intercourse between persons coming from the enemy and their citizens, and to prohibit the admission of any subject of his Britannic majesty, coming directly or indirectly from any part of the British dominions, into any of these states:

II. Be it enacted by the General Assembly, That whensoever any flag vessel from the enemy, shall arrive within this commonwealth, inmediate notice thereof shall be given by the officer commanding at the port or place to the governor, who shall thereupon, with advice of council, appoint some discreet civil or military officer superintendant at the said port or place of such flag, without whose express permission in writing, expressing the nature of the business, and length of time granted for transacting the same, it shall not be lawful for any person to go on board of, or land on shore from, any such flag vessel, and no such permission shall be granted but for public business only. And if any person shall presume to offend herein, he citizes for or she, if a citizen, shall forfeit and pay two hundred pounds, to be recovered with costs, by information, in

Penalty on

breach.

British subjects declar

any court of record, to the use of the informer, and shall moreover suffer three months imprisonment, without bail or mainprize; but if such person be a British subject, he or she is declared and deemed a prisoner of war, and shall, by warrant from any justice of the of war county or borough, be committed to jail, there to rẻ. main without bail or mainprize, until the governor and -243 en council shall take order for the exchange, or return of ̧*** such person to some British port. Provided always, Proviso, in That pilots bona fide engaged in discharge of their of favour of pifice, and remaining on board only during the same, and also persons obtaining written passports from the governor and council, shall not be subject to the penalties of this act, while acting in conformity to the express letter of such p

passport.

lots,

III. And be it further enacted That it shall not be British sub lawful for any British subject to come within this com- jects not to monwealthy by land or water, directly or indirectly, be admitted, from any of the British dominions or garrisons, except except in cas ses of ship in cases of shipwreck, of flag vessels in the manner and wreck. under the restrictions herein before recited, and of flags by tand coming from an enemy's post in this or any neighbouring state, deputed by due authority, any Bris tish subject offending herein is declared and deemed a How appre prisoner of war, and shall, by a warrant from any juss headed." tice of the county or borough, be committed to jail, there to remain without bail or maîmprize, until the governor and council shall take order for the exchange or return of king or her to some British post; and in cases of shipwreck, application shall be made, and permission to land and remain on shore, at the port or place nearest to such wreck, be granted by the com- 1: missioners appointed by the governor and council, pur. ” suant to an act “ Concering wrecks,” which commis» sioners shall specially report every sueir case without delay, to the governor and council for their order there” inter Every permission granted by the said commis+ Sioners shall be in writing, and shall expressly prohibit Restrictions the persons therein named from going into the coon- as to inter gy, or holding any intercourse with the inhabitants, course, in case of ship except such as may be immediately necessary for the wreak. preservation of the persons and property of those belonging to such wreck. Any commissioner guilty of nonfeazance or inalfeazance of office herein, shall forVob. An S

allegiance to

feit and pay fifty pounds, to be recovered by informa tion, in any court of record, with costs, to the use of the informer,

Penalty for IV. And be it further enacted, That if any person administer whatsoever shall presume to administer the oath of aling oath of legiance or fidelity to an alien enemy or British suban alien ene- ject, or to grant a certificate thereof, or to grant any my, or Bri- letter or passport to an alien enemy or British subject, tish subject. or to entertain, harbour, protect, aid, or comfort, any such alien enemy, or British subject, not being a prisoner, except in cases made lawful by this or any other act, he or she so offending is declared guilty of a high crime and misdemeanor, and shall be subject to the pains and penalties prescribed by an act," For the punishment of offences injurious to the independence of America but less than treason.".

British sub

into this

J

soners of war.

V. And be it further enacted, That every person, jects coming being a British subject, who shall have come into this state by land or water, directly or indirectly from any state, contrary to law, of the British dominions or garrisons, since the first declared pri- day of January, one thousand seven hundred and eighty two, and have not obtained the privileges of citizenship, are declared prisoners of war, and in case they do not within one month after the passing of this act, des liver themselves up to the governor and council, subject to their order and disposal, shall by warrant from any justice of the county or borough be committed to jail, ther to remain without bail or mainprize, subject to the order of the executive, who may take order for their immediate exchange or return to some British post,

Copies of VI. And be it further enacted, That the governor this act, how and council shall cause copies of this act to be publish distributed ed and sent to the British posts or garrisons in America, and to each state in the fœderal union. Provided Spies to be always, That nothing in this act contained shall be proceeded construed to extend to the case of spies, or of persons against ac. coming under that description, who shall be proceeded cording to the law mili: against agreeable to the law military, or of any person or persons deserting from the army or navy of the king of Great-Britain.

tary:

CHAP, XVIII.

An act to establish a town at the court house in the county of Greenbrier.

[Chapter CXIII in original.]

Town of

er county es

Lots, how

Conditions,

1. BE it enacted by the General Assembly, That for ty acres of land, whereon the court-house of the coun- Lewisburg ty of Greenbrier now stands, be, and the same is here- in Greenbri by vested in Samuel Lewis, James Reid, Samuel Brown, tablished. Andrew Donneley, John Stewart, Archer Matthews, William Ward, and Thomas Edgar, gentlemen, tréstees, to be by them, or any five 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 Lewisburg. That so soon as the said for ty acres of land shall be so laid off into lots and streets, disposed of. the said trustees, or any five of them, shall proceed to sell the same at public auction, for the best price that can be had, the time and place of which sale shall be previously advertised for three months at the courthouse of the said county; the purchasers to hold the said lots respectively, subject to the condition of building on each of the said lots a dwelling-house twenty as to buildfeet by sixteen, with a stone or brick chimney, to be ing. finished fit for habitation within four years from the day of sale; and the said trustees, or any five 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 persons legally entitled to receive the same. The said trustees, or a major part of them, shall have power from time to time to settle trustees. and determine all disputes concerning the bounds of the said lots, and to settle such rules and orders for the regular building of houses as to them shall seem best and most convenient. And in case of the death, řẹmoval out of the county, or other legal disability, of how suppliany of the said trustees, it shall be lawful for the other ed trustees to elect and choose so many other persons in the room of those dead, removed, or disabled, as shall make up the number, and the trustees so chosen shall be to all intents and purposes vested with the same pow er and authority as those in this act particularly named,

Power of

Vacancies