CHAP. IX.

An act for giving a bounty of lands to the chaplains, surgeons, and surgeon's mates of regiments or brigades raised by this state, and ирon continental establishment.

surgeons, &

surgeons'

BE it enacted by the General Assembly, That every Land bounty person acting as chaplain, surgeon, or surgeon's mate, to chaplains, to any regiment or brigade of officers and soldiers raised within this commonwealth, and upon continen-mates. tal establishment, and who hath, or shall hereafter serve in that office the space of three years or during the war, shall be entitled to and have the like quantity of lands as is by law allowed to commissioned officers re ceiving the same pay and rations.

'CHAP. X.

106.1

An act for farther continuing an act [See ante p. entitled An act for giving certain powers to the governour and coun

cil.

1

Acts giving certain powers to gover nor and

WHEREAS the act of assembly passed in the year one thousand seven hundred and seventy seven, entitled "An act for giving certain powers to the gover-nour and council," which was continued by an act en- council furtitled "An act for continuing an act for giving cer- ther contintain powers to the governour and council," which was ued. farther continued by an act entitled "An act to extend the powers of the governour and council," which was farther continued by an act for continuing an act entitled “An act for giving certain powers to the governour and council," will expire at the end of this present session of assembly, and it is expedient that

the same should be farther continued: Be it therefore enacted, That the act entitled "An act for giving certain powers to the governour and council," shall continue and be in force from and after the expiration. thereof, until the end of the next session of assembly, and no longer.

107.]

CHAP. XI.

[See ante p. An act for farther continuing an act entitled An act to enable the governour and council to supply the armies and navies of the United States, and of their allies, with grain and flour.

Act to enable the governour and council, to supply armies and na vies of Uni

ted States, & their allies, with grain & flour, further continwed.

WHEREAS the act of assembly passed in the year one thousand seven hundred and seventy eight, entitled "An act to enable the governour and council to supply the armies and navies of the United States and of their allies with grain and flour," which was continued by an act entitled "An act for continuing an act entitled an act to enable the governour and coun- · cil to supply the armies and navies of the United States and of their allies with grain and flour," will expire at the end of this present session of assembly, and it is necessary the same should be farther continued: Be it therefore enacted by the General Assembly, That the act entitled "An act to enable the governour and council to supply the armies and navies of the United States and of their allies with grain and flour," shall continue and be in force from and after the expiration thereof, until the end of the next session of assembly, and no longer.

i

CHAP. XII.

An act for marking and opening a road over the Cumberland mountains into the county of Kentuckey.

་

Commission

WHEREAS great numbers of people are settling Preamble, upon the waters of the Ohio river, to the westward of the Cumberland mountains, in the county of Kentuckey, and great advantages will redound to the commonwealth from a free and easy communication and intercourse between the inhabitants in the eastern and western parts thereof, enabling them to afford mutual aid and support to each other, and cementing in one common interest all the citizens of the state, to which a good waggon road through the great mountains into the settlements in the said county will greatly contribute; but such road necessarily passing, for a considerable distance through a tract of rough and uninhabitable country, can neither be made in the usual way by the adjacent inhabitants, nor can the practicability or charge be properly judged of, until the country hath been explored and such road traced out: Be it enacted by the General Assembly, That Evan Shelby and Richard Callaway, be appointed for that ers appointpurpose, and they are hereby empowered and autho- ed for markrized to explore the country adjacent to, and on both ing and osides the Cumberland mountains, and to trace out, and pening a road over mark the most convenient road from the settlements the Cumber on the east side of the said mountains, over the same, land mouninto the open country, in the said county of Kentuc- tains to Kenkey; and to cause such road, with all convenient despatch, to be opened and cleared in such manner as to give passage to travellers with pack-horses, for the present; and report their proceedings therein to the next session of assembly, together with a computation of the distance, and the best estimate they can make of the practicability and charge of completing the same and making it a good waggon road; and the said Evan Shelby and Richard Callaway, shall lay before the auditors of publick accounts a fair account, on oath, of the disbursements made, and charges incurred in the execution of this act; which the said auditors are

tucky.

Guard, for protection against Indians, how procured.

hereby required to adjust and settle, and give a warrant on the treasury for such sum as shall to them appear justly due thereon; except the wages and pay of the labourers and militia guard, each of whom on the certificate of the said Evan Shelby or Richard Callaway that he hath been employed during the whole time of that service, shall be entitled to a grant of three hundred acres of any waste or unappropriated lands within this state, for which no purchase money shall be demanded on behalf of the commonwealth, or one hundred and twenty pounds at the option of the claimant; and in the same proportion for the like certificate of service during a lesser time, and except the compensation to the said Evan Shelby and Richard Callaway, for their own trouble, which is hereby reserved to the judgment of the general assembly.

And whereas the persons employed in making and clearing the said road may be exposed to danger from the Indians, the said Evan Shelby and Richard Callaway, are hereby empowered, from time to time, to apply to the commanding officer of the most convenient county or counties, for such militia guard, not exceeding (with the labourers employed) fifty men, as they shall think necessary for protection; which guard, such commanding officer is empowered and required to furnish accordingly. In case of the death, disability, or refusal to act of either of the commissioners, the court of the county in which he resided, shall nominate a proper person to fill up the vacancy, which nomination shall give the person named, the same powers, and entitle him to the like compensation as if he had been hereby particularly appointed.

CHAP. XIII.

p. 109.]

An act to amend an act entitled An (Chan. Rev. act for regulating ordinaries and restraint of tippling-houses.

Further penalty for keeping or trary to law.

dinary con

I. WHEREAS the number of tippling houses is Preamble. become a publick nuisance, encouraging idleness, drunkenness, and all manner of vice and immorality, and the laws heretofore made have proved insufficient. to restrain so growing and dangerous an evil: Be it therefore enacted by the General Assembly, That every person keeping a tippling house, or retailing liquors, contrary to the act entitled "An act for regulating or dinaries and restraint of tippling houses," shall over and above the penalties inflicted by the said act, forfeit and pay the sum of fifty pounds for each and eve ry offence, to be recovered with costs by action of debt or information in any court of record; one half to the informer, and the other half to the commonwealth, or the whole to the commonwealth, where prosecution shall be first instituted on the publick behalf alone; and shall moreover be subject to the proceedings and punishment herein after directed.

Offenders

be commit

ed.

II. Every person having been convicted of keeping a tippling house, or retailing liquors as aforesaid, twice conwho shall afterwards be guilty of the same offence, and victed, may be thereof again convicted, shall by the court before ted. whom such conviction shall be had, be committed to prison, there to remain for, and during the term of six months, without bail or mainprize. The presiding Grand juries justice present shall give this and the before recited to be charg act, in special charge to the grand jury of the county at every grand jury court; and whenever any prosecution or suit shall be instituted thereupon, the court before whom the same shall be depending, shall proceed to speedy trial thereof, out of course and without delay. And every justice of the peace is hereby required and strictly enjoined to cause this and the be- tions to be fore recited act to be put into due execution within his tried speedcounty; and if any justice, either from information, his ily; and may own knowledge, or other just cause, shall suspect any by justices. person of keeping a tippling_house, or retailing li

VOL. X,

T

Prosecu.

be ordered