[Ch. XCII in original.j

CHAP. LIII...

Fave te

An act to establish a town at the courthouse in the county of Fayette...

Town of 1. WHEREAS it is represented to this assembly, Lexington, that six hundred and forty acres of unappropriated. county, Ken lands in the county of Fayette, whereon the courthouse. tuck esta of the said county stands, have been by the settlers

blished.

make con veyances to settlers.

thereon laid out into lots
streets for a town, and
that the said settlers have purchased seventy acres of
land contiguous to the said six hundred and forty acres,
being part of a survey made for John Floyd: And
whereas it would tend greatly to the improvement and
settling the same, if the titles of settlers on the lots were
confirmed and a town established thereon:

II. Be it therefore enacted, That the said seven hun dred and ten acres of land be and the same is hereby vested in fee simple in John Todd, Robert Patterson, William Mitchell, Andrew Steel, William Henderson, William M'Cownald, and William Steel, gentlemen, trustees, and established a town by the name of Lex

ington.

4.

Trustees to Ill. And be it further enacted, That the said trustees, or any four of them, shall, and they are hereby empowered and required to make conveyances to those persons who have already settled on the said lots; as also to the purchasers of lots heretofore sold, agreeable to the condition of the contracts; and may also proceed to lay off such

Power of trustces.

laid off and settled into loss and streets, and, such lots shall be by the wastees sold or otherwise disposed of for the benefit of the inhabitants of the said town, and convey the same in fee simple, agreeable to the condition of the contract. Provided always, That the lots In the said town which have been laid off and set apart for erecting thereon the public buildings of the said. county, shall be and remain to and for that use and purpose, and no other whatever.

shall be by Sex Part of the said land as is not yet

TV. And be it further enacted, 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 of houses thereon as to them shall seem best and most convenient. And in Vacancies, case of the death, removal out of the country, or other how suppli legal disability of any of the said trustees, it shall and

ed.

may be lawful for the remaining trustees to elec and
choose so- other persons in
many
the room of those
dead, removed or disabled, as shall make up the num- pyren
ber, which trustees so chosen, shall be, to all intents
and purposes, individually vested with the same power
and authority as any one in this act particularly men-
tioned.

V. And be it further enacted, That the settlers as well as purchasers of the lots in the said town, so soon as they shall bave saved the same, according to the condition of their respective deeds of conveyance, shall be entitled to and have and enjoy all the rights, privileges and immunities which, the freeholders and inhabitants of other towns in this state, not incorporated by char ter or act of assembly, have and enjoy.

Privileges

of settlers.

ed,

VI. And be it further enacted, That the said trustees Survey and shall cause the survey and plot of the said town to be plat, where recorded in the court of the said county of Fayette, to be recordSaving to all persons all such right, title and interest which they or any of them could or might have to the lands, or any part thereof hereby vested in the said trustees, if this act had never been made.

An act

CHAP. LIV.

of Ben Seizure and condemnation

of British goods found on land.

[Ch. XCIV in original.]

British

goods found

I. FOR preventing clandestine trade with our enemies during a time of war; Be it enacted by the General Assembly, That all goods, wares or merchandize, on land lia of the growth, produce, or manufacture of Great-Bri- ble to seiztain, or of any territory depending thereon, which shall are and coll be imported or brought into this commonwealth and found on land, from and after the first day of September next, shall, and the same are hereby declared to be

fiscation.

LIBRARY

UNIVERSITY OF CALIFORNIA
SANTA BARBARA

prohibited and subject to seizure and confiscation. It shall and may be lawful for any person within this commonwealth, being a magistrate, or legally authorized to make seizures, to seize upon land any such goods, wares and merchandize. And to determine the valid ity of such seizures,

Proceedings. Be it further enacted, That the person or pers o determine e sons by whom such seizure shall be made, shall in ten

validity of

seizures.

days thereafter, procure a citation to be issued from the court of admiralty, to summon the person or persons from whom the seizure shall be made, to appear before that court, on some certain day, not less than twenty days after the date thereof, to make good his claim to the goods in question, and upon the return of the citation served, or copy left at the last place of habode of the defendant, by any sworn officer, it shall and may be lawful for the court, and they are hereby directed to proceed to trial thereupon, agreeable to the rules of that court in cases of capture on the seas. Provided, That before any such trial, a copy of the cis tation shall be publicly affixed to the court-house door of the place where the seizure shall be made ten days, and shall also be inserted three weeks in the Virginia Gazette, to the intent that any person claiming right or interest in the goods seized may have an opportunity of entering and making known his claim, agreea ble to the rules of that court. Provided always, That if it shall appear that the goods in question were imported or brought into this or any other of the United States before the said first of September next, such goods, wares or merchandize shall not be subject to condemnation under this act. In every case of condemnation by virtue of this act, the goods shall be sold by the marshal of the said court, and the money arising therefrom, after all, charges are deducted, shall be divided, one moiety to the use of the prosecutor, and the other to the use of the commonwealth. Where the prosecutor shall be cast in his suit, the claimant or defendant shall recover full costs against the prosecutor. Provided always, That nothing in this act shall extend Suspension or be construed to extend to any goods, wares or merof act chandize which shall be captured or taken from the e nemy. Provided also, That the operation of this act shall be, and is hereby suspended until the rest of the

United States shall have passed similar laws on this subject. This act to continue and be in force for and during the continuance of the present war, and no longer.

CHAP. LV.

(Ch. XCV in original]

p. 170,]

An act to amend the act for establish- [Chan, Reve ing a district court on the western waters.

See ante ch.

48.

court of

I. BE it enacted, That in case the judges of the Provision in conrt of the district of Kentucky shall not attend at the case judges place appointed for holding the first court, they shall of district hold a court on such court day as they may attend, in Kentucky the same manner as if the court had been adjourned to do not such day, and if all the judges should fail to attend on any court day, the court shall stand adjourned till the court in course, and all matters depending therein shall be continued till such court.

tend.

Return of

11. And be it further enacted, That whenever process shall be sent out of the district, the same may be made process sent returnable on any return day within the term of nine trict. months from the date thereof.

out of dis

III. And be it further enacted, That where transito- Certain tran ry actions shall be depending in the high court of chan- sitory accery or the general court on the first day of August ed for tions provid next, between inhabitants of the district of Kentucky and inhabitants of any other part of this commonwealth, or where witnesses in any action or suit which may hereafter be depending in the said courts shall be living in the said district, the like process may in those cases issue from such courts to any county in the said dis trict, which are directed to issue from the court of the said district to any other part of this commonwealth.