also all persons who left this state in their nonage, and have during their absence arrived to full age within four years last past; and also the barons of feme coverts natives of this state as aforesaid, as far as relates to any property which they held in right of such feme coverts, shall and they are hereby declared to be excepted out of the said recited act; provided they have already returned, or shall return to this commonwealth, and become citizens thereof within two years, to be computed in the case of infants from the time they arrive to the age of twenty one years, and in all other cases from the end of this present session of assembly: Provided also, That such claim be made before the general court, and that where before claim made a sale of such estate may have been, or notice sent by the clerk of the general court that no claim hath been made, that then the purchaser shall hold the estate free and exonerated from such claim, but the owner may assert his or her right to the money arising from the sale with the same force he or she might have done to the thing itself. So much of the before recited act as comes within the purview of and is inconsistent with this act, shall be and is hereby repealed.

[Chan. Rev. p. 111.]

CHAP. XIX.

An act to empower the judges of the general court to superintend and regulate the publick jail.

1. WHEREAS the act of assembly passed in the year one thousand seven hundred and seventy eight, entitled "An act to empower the governour and council to superintend and regulate the publick jail,". has been found inconvenient by placing that business in the hands of the governour and council, and it is judged proper to put the direction of the said jail into the hands of the judges of the general court:

General

and make al

II. Be it therefore enacted, That from and after the end of this session of assembly, the judges of the gene- court shall ral court shall have the direction of the publick jail; have direcand they are hereby empowered and required, from tion of the time to time, to order and direct such allowance to be public jail, made for the maintenance of the prisoners confined lowances to there, and to fix what shall be paid to the keeper there- the keepers, of for his trouble, as the said judges, or a majority of them, shall think reasonable; and the said judges are hereby empowered to certify such allowance, from time to time, to the board of auditors, who are hereby directed to debit the same, and to give a warrant upon the treasurer for the payment thereof.

III. This act shall continue and be in force until the first day of January, one thousand seven hundred and eighty three, and no longer.

CHAP. XX.

An act to revive an act entitled An act to amend an act for preventing forestalling, regrating, engrossing, and publick vendues.

dues further

WHEREAS the act of assembly passed in the year Act to preone thousand seven hundred and seventy eight, enti- vent foretled "An act to amend an act for preventing, fore- stalling, restalling, regrating, engrossing, and publick vendues," grossing & expired on the first day of November last, and it is public venexpedient and necessary that the same should be re- continued. vived: Be it therefore enacted, That so much of the act entitled "An act to amend an act for preventing forestalling, regrating, engrossing, and publick vendues," so far as it relates to forestalling, regrating, and engrossing, be revived, and shall continue and be in force from and after the passing of this act, for and during the term of one year, and from thence to the end of the next session of assembly.

Vendue

And whereas it is thought expedient to impose a Duty on tax on goods, wares, and merchandizes, imported from goods sold other states and countries which shall be exposed to at auction. publick auction: Be it therefore enacted, That a tax of two and a half per centum on all goods, wares, and merchandizes, hereafter imported from other states and countries exposed to publick auction that shall not have been imported nine months before such sale, shall be paid into the publick treasury of this state in the months of April and October annually, by the vendue master, who at the same time shall render an account upon oath, of all sales made by him, unto the auditors. And whereas a practice has prevailed among vendue masters and owners of goods, wares, and merchandizes, that have been exposed to sale, to bid on the goods either with a view of enhancing the prices of the same, or of fixing the prices of goods of a similar masters pro- kind; to prevent such practice, Be it farther enacted, hibited from That it shall not be lawful for the vendue master or bidding on person acting under him, either directly or indirectly, goods expo sed by them to bid for any goods, wares, or merchandizes subject to the tax aforesaid, which he may expose to publick sale, unless he shall openly declare that he intends to purchase the same bona fide for the use and consumption of himself and family; nor shall it be lawful for the owner or owners of any goods, wares, or merchandizes exposed to publick sale, either by himself, herself, or themselves or agents, directly or indirectly to bid on such goods, wares, or merchandizes; and in case any such vendue master, owner, or owners shall presume to violate or bid contrary to this act, on conviction thereof, he or they shall forfeit and pay three times the value of the goods, wares, and merchandizes so bid for, to be recovered in any court of record in this state, by action of debt, bill, or plaint, one half of the forfeiture to the informer, the other to the come monwealth.

to auction.

Anception.

Vendue mas

ters how ap; pointed, and qualified.

And be it farther enacted, That the court of each county, where it may be necessary, shall appoint a vendue master, who shall give bond and security, in the sum of five thousand pounds, for the payment of all taxes arising from the sales of goods, wares, and merchandizes which he shall sell, into the publick treasury, and shall take an oath for the faithful dis charge of his office, which oath may be administered by any justice.

CHAP. XXI.

ct

p. 111.]

An for more effectually securing [Chan. Rev: to the officers and soldiers of the Virginia iine, the lands reserved to them, for discouraging present settlements on the north west side of the Ohio river, and for punishing persons attempting to prevent the execution of land office war

rants.

servation of lands for offi cers and sol

1. WHEREAS all the lands lying between the Preamble, Green river and the Tenissee river, from the Allegha- reciting reny mountains to the Ohio river, except the tract granted unto Richard Henderson, esq. and company, have been reserved for the officers and soldiers of the Vir- diers. ginia line, on continental and state establishment, to [See ante p 54,55.] give them choice of good lands, not only for the publick bounty due to them for military service, but also in their private adventures as citizens; and no person was allowed by law to enter any of the said lands, until they shall have been first satisfied; and it is now represented to the general assembly, that several persons are, notwithstanding, settling upon the lands so reserved; whereby the said officers and soldiers may be in danger of losing the preference and benefit intended for them by the legislature: Be it enacted by the General Assembly, That every person hereafter settling upon the lands reserved for the officers and soldiers as aforesaid; or who having already settled there- removing on, shall not remove from the said lands within six months next after the end of this present session of assembly, shall forfeit all his or her goods and chattels to the commonwealth; for the recovery of which, the attorney for the state in the county of Kentuckey for the time being, is hereby required immediately after the expiration of the said term, to enter prosecution by way of information in the court of the said county on behalf of the commonwealth, and on judgment be

Penalty on settlers not

from the reserved lands

ty to officers

sailors.

ing obtained, immediately to issue execution and proceed to the sale of such goods and chattles; and if the person or persons so prosecuted shall not remove from off the said lands in three months after prosecution so entered, the said attorney shall certify to the governour the name or names of the person or persons so refusing to remove, who, with the advice of the council may, and he is hereby required to issue orders to the commanding officer of the said county, or to any other officer in the pay of this state, to remove such person or persons, or any others that may be settled thereon, from off the said lands by force of arms, except such as were actually settled prior to the first day of January, one thousand seven hundred and seventy eight.

Proportions II. And whereas no law of this commonwealth hath of landboun- yet ascertained the proportions or quantity of land to soldiers and be granted, at the end of the present war, to the officers of the Virginia line on continental or state establishment, or to the officers of the Virginia navy, and doubts may arise respecting the particular quantity of land due to the soldiers and sailors, from the different terms of their enlistments; Be it enacted, That the offi cers who shall have served in the Virginia line on continental establishment, or in the army or navy upon state establishment to the end of the present war; and the non-commissioned officers, soldiers, and sailors upon either of the said establishments, their heirs or legal representatives, shall respectively be entitled to and receive the proportion and quantities of land fol lowing; that is to say, every colonel, five thousand acres; every lieutenant colonel, four thousand five hundred acres; every major, four thousand acres; every captain, three thousand acres; every subaltern, two thousand acres; every non-commissioned officer who having enlisted for the war, shall have served to the end thereof, four hundred acres; and every soldier and sailor under the like circumstances, two hundred acres; every non-commissioned officer, who having enlisted for the term of three years, shall have served out the same, or to the end of the present war, two hundred acres; and every soldier and sailor under the like circumstances, one hundred acres; every officer of the navy the same quantity of land as an officer of equal