CHAP. XXI.

[Ch. CCVIII in original.]

An act for surveying and apportion ing the lands granted to the Illinois Chan. Rev. regiment, and establishing a town within the said grant.

pa. 215.

*See vol. 10,

pa. 565

officers and men.

in.

Contribution

I. FOR locating and surveying the one hundred and fifty thousand acres of land granted by a resolution of assembly to colonel George Rogers Clark, and the officers and soldiers who assisted in the reduction of the British posts in the Illinois. Be it enacted by the General Assembly, That William Fleming, John CommissionEdwards, John Campbell, Walker Daniel, gentlemen, ers to adjust and George Rogers Clark, John Montgomery, Abra- claims for lands grant ham Chaplin, John Bailey, Robert Todd, and Wil- ed to Geo. liam Clarke, officers in the Illinois regiment, shall be, Rogers and they are hereby constituted a board of commis Clarke, his sioners; and that they, or the major part of them, shall settle and determine the claims to land under the said resolution. That the respective claimants shall give When claims in their claims to the said commissioners on or before to be given the first day of April, one thousand seven hundred and eighty-four, and if approved and allowed, shall pay down to the said commissioners one dollar for every hundred acres of such claim, to enable them to survey and apportion the said lands. The said commissioners Surveyor shall appoint a principal surveyor, who shall have and deputies power to appoint his deputies, to be approved by the to be ap said commissioners, and to contract with him for his pointed. fees. That from and after the said first day of April, When and one thousand seven hundred and eighty-four, the said how lands commissioners, or the major part of them, shall pro- shall be sur ceed with the surveyor to lay off the said one hundred veyed, divi. ded, by lot, and fifty thousand acres of land, on the north-west side patented; of the Ohio river, the length of which shall not exceed and conveydouble the breadth; and after laying out one thousand ed. acres at the most convenient place therein for a town, shall proceed to lay out and survey the residue, and divide the same by fair and equal lot among the claimants; but no lot or survey shall exceed five hundred acres. That the said commissioners in their appor tionments of the said land, shall govern themselves by the allowances made by law to the officers and soldiers

* in the continental army. That the said commissionére shall, as soon as may be, after the said one hundred and forty-nine thousand acres shall be surveyed, cause a plat thereof, certified on oath, to be returned to the register's office, and thereupon a patent shall issue to the said commissioners or the survivors of them, who shall hold the same in trust for the respective claimants; and they, or the major part of them, shall thereafter upon application, execute good and sufficient deeds for conveying the several portions of land to the said officers and soldiers.

ville.

II. And be it further enacted, That a plat of the said one thousand acres of land laid off for a town, shall be returned by the surveyor to the court of the county of Jefferson, to be by the clerk thereof recorded, and thereupon the same shall be, and is hereby vested in William Fleming, John Edwards, John Campbell, Walker Daniel, George Rogers Clark, John Montgomery, Abraham Chaplin, John Bailey, Robert Todd, and William Clark, gentlemen, trusA town to be tees, to be by them, or any five of them, laid off into laid off na lots of half an acre each, with convenient streets and med Clarks. public lots, which shall be and the same is hereby established a town by the name of Clarksville. That after the said lands shall be laid off into lots and streets, the said trustees, or any five of them, shall proceed to sell the same, or so many as they shall judge expedient, at public auction, for the best price that can be had, the time and place of sale being previously advertised two months at the court-houses of the adjacent counties; the purchasers respectively to hold their said lots, subject to the condition of building on each a dwelling-house twenty feet by eighteen at least, with a brick or stone chimney, to be finished within three years from the day of sale; and the said trustees, or any five of them, are hereby empowered to convey the said lots to the purchasers thereof in fee simple, subLots to be ject to the condition aforesaid; and the money arising sold for the from such sale shall be applied by the said trustees in such manner as they may judge most beneficial for the inhabitants of the said town; that the said trustees, or the major part 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 thereon as to them shall

benefit of the inhabi. tants.

seem best and most convenient; and in case of the Subject to death, removal out of the county, or other legal disa- tion of buildthe condibility, of any of the said trustees, the remaining trus- ing thereon, tees shall supply such vacancies by electing others from time to time, who shall be vested with the same powers as those particularly nominated in this act.The purchasers of the said lots, so soon as they shall have saved the same according to their respective deeds of conveyance, shall 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 and sold to build thereon within the time before limited, the said gain, if fortrustees, or a major part of them, may thereupon enter into such lot, and may either sell the same again and apply the money towards repairing the streets, or in any other way for the benefit of the said town, or appropriate such lot to the public use of the inhabitants of the said town.

three of them, were authorized to assess on the tithable persons of the said parish, a sum sufficient to pay off all arrears that appeared to be due to the rev. Adam Smyth, incumbent thereof. And whereas it appears that the arrearages so due were for services performed prior to the year one thousand seven hundred and seventy-six, at which time the counties of Montgomery, Washington, Greenbrier, and part of Rockbridge, constituted the parish of Botetourt, and it is reasonable that all those who were at that period tithables of said parish should bear their proportion of the said arrears of salary:

H. Be it therefore enacted, That the above recited act shall be, and the same is hereby repealed."

III. And be it further enacted, That the court of the said county of Botetourt, shall, and they are hereby directed and required, within six months after the passing of this act, to assess on the persons who were tithables in the said parish of Botetourt, according to tetourtcounthe lists thereof taken in the year one thousand seven ty, to levy on ken in the yea hundred and seventy-six, and yet are residents of the the tithables said county, or in the counties of Greenbrier, Mont-tv. gomery, Washington, or Rockbridge, a sum sufficient counties of to pay off the arrears of salary due to the said incum Greenbrier, bent, as settled by the commissioners of the tax of the ry, WashingMontgomesaid county of Botetourt. Provided, that the counties ton, & Rockof Washington, Montgomery, Rockbridge, and Green- bridge, brier, shall be allowed a discount for their proportion stituted Boof the value of the glebe in the said parish of Botetourt, retourt parwhich shall be ascertained by two persons chosen by ish, when the court of each of the aforesaid counties, before the the said ar said county of Botetourt be at liberty to levy the ar- crued, the arears due to the incumbent of the said parish; provided mount the said apportionment is made before the first day of June next. The respective sheriffs or collectors of the said counties of Botetourt, Greenbrier, Montgomery, Washington, and Rockbridge, are hereby empowered to collect and distrain for all such sums of money as shall be assessed on any of the inhabitants of the said counties by the said court of Botetourt, and shall account for and pay the same in like manner as is directed in the case ofparish levies.