the solicitor general on behalf of the Commonwealth, hath instituted an action at law against John M. Bell, the only surviving security of the said James Barbour, on the bond given by him as sheriff of the county of Culpeper aforesaid, which suit is yet depending; And whereas the judgment so obtained against the said James Barbour, was owing to the default of Joseph Strother, of the county of Culpepper, one of the deputies for the said James Barbour; and French Strother security for the said Joseph, fearing that he might be made liable to the said James Barbour for the default of the said Joseph Strother, prevailed on the said Joseph Strother to mortgage certain lands and personal estate for his indemnity as his security aforesaid, and the said French. Strother and the said Joseph Strother have requested this General Assembly that an act may pass for selling the said premises for the indemnity of the said James Barbour as far as the same may extend, on proviso that the same may be sold by certain commissioners for paper facilities, and upon such credit as may be likely to enhance the value thereof, and it is reasonable that the indulgencies by this act granted to the aforementioned Mary Peyton, and others deputies and their securities should in like manner be extended to the said Joseph Strother and his said security French Strother: Be it Commissionfurther enacted, That David Jameson, John Thornton, ers appointed John Thompson, Birkett Davenport, John Strode, Henry to receive property for a Hill, and James Pendleton, gentlemen, of the county of debt due from Culpeper, or any three or more of them, be commis- sheriff of sioners for carrying this act into execution, so far as it Culpeper; respects the said judgment obtained against the said. James Barbour, in the same manner and under the same penalties as are herein before directed as to the estate of the deputies of the said John Peyton deceased, and their securities; and the said commissioners shall be entitled to the same commissions upon the sales thereof.

SECT. 13. And be it enacted, That if the said French Suit against Strother and the said Joseph Strother within two months his security to after the commencement of this act, shall deliver up to be suspended. the said commissioners or any two of them, the lands and personal estate so put in mortgage as aforementioned, with good and sufficient powers in law to enable the said commissioners to sell and convey the same to the purchasers under a sale thereof in fee, that in such case all further proceedings in the action of law now depending

Commissioners may remove the

slaves to

against the said John M. Bell, shall be suspended until the tenth day of April, one thousand seven hundred and ninety-two, and the nett amount of such sales shall be applied in relief of the said John M. Bell, as security for the said James Barbour. And the purchasers of the said mortgaged estates shall give bond therefor payable to the governor of this Commonwealth and his successors, and be liable to judgment thereupon in the same manner as is before directed, as to the bonds to be entered into for the sales of the estates of the said Sir John Peyton and John Dixon their deputies and securities as aforementioned.

SECT. 14. And be it further enacted, That if the slaves directed to be sold by this act, will not in the opinion of the commissioners sell for three-fourths of Richmond for their value at the places where they may be exposed to the purpose sale, the said slaves shall be brought to the city of Richof selling them: mond by the said commissioners, and there sold by them under the direction of the executive. And be it further enacted, that this act shall commence and be in force from and after the first day of January next.

Original judgSECT. 15. Provided nevertheless, That nothing in this ments to con- act contained shall affect the original judgments farther, tinue in force than they shall be credited for the amount of such estate ces which may delivered up, shall sell for, after deducting the commis

for the balan

remain unpaid.

sioners' allowance and the necessary expences attending the proceedings under this act; but any balance remaining unsatisfied of the said judgments, may be recovered and proceeded for in the like manner as if this act had never passed, any thing herein to the contrary notwithstanding.

CHAP. XXV.

An act to amend the act intitled "An act for cutting a navigable canal from the waters of Elizabeth river in this state, to the waters of Posquotank river, in the state of North-Carolina."

(Passed the 25th of November, 1790.)

scriptions:

SECT. 1. BE it enacted by the General Assembly of Books to be Virginia, That the books directed to be opened for re- opened for receiving and entering subscriptions in the towns of ceiving subNorfolk, Portsmouth, Suffolk, Petersburg, Richmond, Fredericksburg and Alexandria, by the act intitled "An act for cutting a navigable canal from the waters of Elizabeth river in this state, to the waters of Pasquotank river, in the state of North-Carolina," shall be opened for receiving subscriptions at the said places, and under the management of the persons mentioned in the said recited act, and in the city of Williamsburg, under the management of Robert Andrews, in the month of May next after the time when this act shall be in force, and continue open until the first day of September following; and on the third Thursday of the said month of Meeting of September, there shall be a general meeting of the sub- subscribers; scribers at the town of Halifax, in the state of North- when and Carolina, of which meeting notice shall be given by the said managers or any three of them in the Gazettes of both the aforesaid states, at least one month next before the said meeting; and such meeting shall and may be continued and the business of it conducted in the manner prescribed for the meeting appointed by the said recited act.

where.

SECT. 2. And it is hereby declared and enacted, that Conditions, on the tolls allowed to be demanded and received by the which the before recited act, are granted and shall be paid on con- ed. tolls are grantdition only that the said Dismal Swamp company shall make the canal and locks of sufficient width for vessels that are fifteen feet broad, and of sufficient depth to be navigated in dry seasons, by vessels drawing three feet water from Deep creek near Tucker's mill in Virginia, to the highest good navigation for vessels of the aforesaid draft in Pasquotank river in North-Carolina, and VOL. XIII.-T

Part of the

that each of the locks shall be ninety feet in length, and the causeways fifteen feet in breadth

SECT. 3. And be it further enacted, That every act former act re- or part of an act of Assembly which comes within the pealed. purview and meaning of this act, and every part of the before recited act concerning the regulation of commerce, so far as the same is now vested in the government of the United States, shall be and the same are hereby repealed.

Not to be re

pealed or althe consent of

tered without

North Carolina.

SECT. 4. And so soon as an act similar to the before recited act, as amended by this act, shall have been passed by the state of North Carolina, the before recited act as amended by this act, shall be in force, and shall never be repealed or altered by the legislature of this state, without the consent of the state of North Carolina.

Preamble.

ing obstruc

tions in the river.

CHAP. XXVI.

An act to amend the act, intitled "An act forclearing and improving the Navigation of James river.

(Passed the 25th of December, 1790.)

SECT. 1. WHEREAS it is represented to the General Assembly, that the navigation of James river is much obstructed by hedges and fish-traps:

Penalty on SECT 2. Be it therefore enacted by the General Assempersons plac- bly, That if any person shall hereafter make or cause to be made any hedges, fish-traps or other obstructions in the said river, or any of the navigable branches thereof, from the upper end of the James river canal, to the highest navigation of the said river or the branches thereof, so as to impede or injure the passage of batteaux or canoes, shall forfeit and pay the sum of one hundred pounds for each offence, to be recovered by bill, plaint or information in any court of record, one half for the use of the informer, the other half for the use of the Commonwealth.

CHAP. XXVII.

An act directing a Seal for the High Court of

Chancery.

(Passed the 27th of December, 1790.)

court of chan

cery.

BE it enacted by the General Assembly, That George Seal to be proWythe, judge of the high court of chancery, shall be and cured for the he is hereby authorized to have a seal executed for the said court, according to a design laid by him before this Assembly; and the auditor of public accounts is hereby directed to issue his warrants on the treasurer for any sum of money not exceeding twenty-five pounds, to be paid out of the contingent fund, to the said George Wythe, for the aforesaid purpose.

CHAP. XXVIII.

An act concerning the trustees of the Transylvania Seminary.

(Passed the 3d of December, 1790.)

WHEREAS it hath been represented to this present Preamble General Assembly, by the trustees of the Transylvania Seminary, that great inconveniences frequently arise from the number of members required by law to constitute a board to transact business, as they are so widely dispersed in the district of Kentuckey: For remedy where

of, Be it enacted by the General Assembly, That from and How many after the passing of this act, seven members shall be suf- trustees con ficient to constitute a board to transact business at the stitute a two annual stated meetings, as fixed by law.

board.