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may be in an action at common law. In a case where both parties are citizens of the commonwealth, every Trialbyjumatter of fact affirmed by the one and dented by the ry, when' other, shall be stated as a formal issue and tried by the same court by a jury in like manner as such issue ought to be tried in an action at common law. The court may at any time after, but not before an interloeutory sentence, if they see good cause, require a person pretending a claim to any vessel or goods menf tioned in the libel to give security for the costs which zyiay be occasioned by discussion of the claim, and may-refuse to admit him until such security be given, and may award any party to pay costs when they judge it reaspnable, unless he be the master or owner appearing and making a defence or a claim at the return of a citation; and the like execution for such costs may issue, and there shall be like proceedings thereupon as for costs recovered by judgment in an action of common law, otherwise than that the execution shall bear teste the day of emanation, and may be made returnable to any day not less than one month thereafter. In case of a capture from an enemy, if there be Sales of a condemnation and neither of the United States in goods congeneral, nor the commonwealth in particular be intejr- demnecl* ested therein, the court shall order the sales to-be made, and accounts thereof to be returned by the libellant or his agent, if it be his desire. A party thinking himself aggrieved may appeal from the final sentence of the court,, to such court and in such manner as is or J shall be appointed by congress, except in cases be- bunal. tween the citizens of this commonwealth; which shall be to the court of appeals, giving bond with surety, in the latter to prosecute the appeal and perform the sentence, if it be affirmed. If the seizure of any vessel has been or hereafter shall be made by an officer of this commonwealth, and a prosecution instituted thereon, in which the respondent or respondents shall have prevailed or hereafter may prevail, one moiety of the costs of such prosecution after having been audited by the auditors of publick accounts, shall be paid by the treasurer, provided the court have certified or shall certify that there was probable cause for such seizure. Tbe judges of the present court of admiralty, to wit: Benjamin Waller, Richard Cary, atid William Ros- ed in office

cow Wilson Curie, esquires, are hereby confirmed in their office, and shall take precedence as they are here named.

CHAP. XXV1L

An act to sever certain lots from the town of Dumfries, held by William Gray son, gentleman.

Certain lots WHEREAS it lias been represented to this present of e\Viiliam general assembly, that William Grayson, gentleman, Grayion, se- is seised of twelve lots in the town of Dumfries and

vered from county of Prittce William, which from their mountain the town of / , /» . \ ^ ,l *j ^^««..

Qumfries, ous situation are no way beneficial to tne^sara town*

and it would be to the advantage of the said Williarai Grayson, were the said lots severed therefrom: Be it therefore enacted by the General Assembly, That the said .twelve lots of land, numbered from ninety two to one hundred and three inclusive, together with suefa parts of Oroonoko, Hedgman, and back streets, as run through or on the back of the same, shall be severed from and not taken as part of the said town 0f Dumfries, but the said lots and parts of streets above described, shall from henceforth be absolutely vested m the said William Grayson, and his heirs for ever. And that so much of an act entitled "An act for enlarging the towns of Fredericksburg and Winchester, the city of Williamsburg, and town of Dumfries," as comes within the perview of this act, is hereby -rev pealed.

CHAP. XXVI1L

An act to authorise certain trustees to pay to William Todd^ gentleman, the money arising from the sale of lands, and for oilier purposes.

WHEREAS by an act of assembly passed in the Certain trua* year of our Lord, one thousand seven hundred and Jf^to pay seventy two, entitled "An act to dock the intail of to William certain lands whereof WilJiaai Todd, gentleman, is Todd, the seized, and for other purposes therein mentioned," the ^e^eof^ said lands were vested in George Brooke3 Gregory his entailed Baylor, William Lyne, John Tayloe Corbin, and lands. Richard Tunstall, junior, gentlemen, or any three of them in trust, that they or the major part of them should fairly sell and dispose of the said lands and convey the same to the purchaser in fee, and that the money arising from such sale should be by the said trustrees ,laid out in the purchase of slaves to be vested in the said William Todcl, and to descend and go as the said lands would have descended and gone. And if Being represented to this assembly by the said William Todd, that the said trustees have sold and conveyed the said lands, but have failed to lay put the purchase money according to the directions of the said recited act, which cannot now be done consistent with the laws of this commonwealth. Be it therefore enacted, That the said trustees shall account for and pay the said money to the said William Todd, his executors, administrators, or assigns; and that so much of the said , recited act as directs the said trustees to lay out the said money in the purchase of slaves, shall be, and the same is hereby repealed.

CHAP. XXIX.

An act for paying the wages of tM members of this present session of Assembly*

wa-es ot WHEREAS by iin act entitled "An act for fixing inembeS of the allowance of the members of general assembly," general as- passed at this present session by authority from the iembly, how bod^ Qf t|ie peopie< \t was provided that the said alafcTnaid lowance should be of fifty pounds of neat tobacco by the day for attendance on assembly, two pounds of the like tobacco for every mile they must necessarily travel going to or from the same together with their ferriages, to be paid to them in money out of the publick treasury, at such rate as shall be estimated by the grand jury at the session of the general court next^ before the meeting of each respective session of assefid^ bl v, governing themselves in the said estimate by the worth of the said tobacco, and the competence of the same to defray the necessary expenses of travelling and attendance; but no mode was pointed out for estimating the said tobacco for this present sessidri: B& Grand jury it therefore enacted, That the grand jury which shall

ran ,

at general foe sworn at the- first session of the general -cojntf%f ^ourt, to es- ^passing of this act, shall make the said estate

pieeCQf to- well for the present, as for any session whkk may eiibacco, paya- sue;, and such estimation being made it shall fie la wfdtv :ue to mem- for t^ie several members to receive payment of thesarne^ of the treasurer, for their attendance at, and travelling to, and from, the present session, and their ferriages, observing the forms heretofore prescribed by law. No person shail henceforward be capable of serving on anv grand jury in the general court while he shall be a member of either house of assembly or a candidate for a seat therein. The grand juries of the general court shall be sworn by the clerk to make the estimate directed by the said act, honestly, impartially, and according to the plain intention of the said act;^and if they shall difler in opinion as to the price at which the said tobacco shall be estimated, the sum at which every of the said jurors estimates it, shall be distinctly noted in writing and the whole added together,, and

the amount thereof divided by the number of those who
shall have given in their estimate, and the quotient or jjjj
average value which shall result from this operation
or siieh other sum near thereto as to avoid fractions,
shall be approved by a majority of them, shall be the
estimate at which the said allowances shall be paid.

CHAP. XXX.

act for continuing an act entitled An act to empower the governour and council to lay an embargo for * Cl limited time.

WHEREAS the act of assembly, passed in the year one thousand seven hundred and seventy eight, enti-. tied "An act to empower the governour and council nor and to fay an embargo for a limited time," will expire at council,to the end of this present session of assembly, and »tis:^" necessary the same should be continued; Be it there- ther fore enacted, That the said recited act shall continue ued. and be in force from .and after the expiration thereof, until the end of the next session of assembly, and no longer.

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