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may be in an action at-common law. In a case where both parties are citizens of the commonwealth, every matter of fact affirmed by the one and denied by the 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 interlocutory sentence, if they see good cause, require a person pretending a claim to any vessel or goods ment tioned in the libel to give security for the costs which may 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 reasonable, 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 a condemnation and neither of the United States in general, nor the commonwealth in particular be interested 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 shall be appointed by congress, except in cases between 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. The judges of the present court of admiralty, to wit: Benjamin Waller, Richard Cary, and William Ros
Trial by jury, when.
Security for costs, when.
Sales of goods condemned.
Appeal, right of and to what tri. bunal.
Present jud. ges confirmed in office.
Certain lots of William Grayton, severed from the town of Plumfries,
An act to sever certain lots from the town of Dumfries, held by William
WHEREAS it has been represented to this present general assembly, that William Grayson, gentleman, is seized of twelve lots in the town of Dumfries and county of Prince William, which from their mountains ous situation are no way beneficial to the said town; and it would be to the advantage of the said William 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 such 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 of
Dumfries, but the said lots and parts of streets above
described, shall from henceforth be absolutely vested in 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 repealed. . . . .
An act to authorise certain trustees
to pay to William Todd, gentleman, the money arising from the sale of lands, and for other purposes.
WHEREAS by an act of assembly passed in the Certain trusyear of our Lord, one thousand seven hundred and io, seventy two, entitled “An act to dock the intail of to william certain lands whereof William Todd, gentleman, is Todd, the seized, and for other purposes therein mentioned,” the H.; said lands were vested in George Brooke, 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 see, and that the money arising from such sale should be by the said trustrees laid out in the purehase of slaves to be vested in the said William Todd, and to descend and go as the said Hands would have descended and gone. And it. 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 out 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. to
Wages of In embers of general assembly, how estimated
An act for paying the wages of the members of this present session of Assembly.
WHEREAS by an act entitled “An act for fixing the allowance of the members of general assembly,” passed at this present session by authority from the body of the people, it was provided that the said allowance 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 assemo. bly, 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 es
- timating the said tobacco for this present session: Be. Grand jury it therefore enacted, That the grand jury which shall
it general court, to estimate the price of tobaceo, payaty; e to she onbers of assembly.
be sworn at the first session of the general court after the passing of this act, shall make the said estimate as well for the present, as for any session which may elisue; and such estimation being made it shall be lawful, for the several members to receive payment of the sameof 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 any 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, homestly, impartially, and according to the plain intention of the said act; and if they shall differ 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 s shall have given in their estimate, and the quotient or of they average value which shall result from this operation * or such 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. .
An act for continuing an act entitled An act to empower the governour and council to lay an embargo for a limited time. WHEREAS the act of assembly, passed in the year one thousand seven hundred and seventy eight, enti-oo: - . . - = ,, .31 ering govertled “An act to empower the governour and council no. to lay an embargo for a limited time,” will expire at council, to the end of this present session of assembly, and it is . ... necessary the same should be continued; Be it there- #. 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, s - - o