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sentatives; in the county of Nelson five representatives; in the county of Mercer five representatives; in the county of Lincoln five representatives; in the county of Madison five representatives; in the county of Fayette five representatives; in the county of Woodford five representatives; in the county of Bourbon five representatives, and in the county of Mason five representatives: Provided, that no free male inhabitant above the age of twenty-one years, shall vote in any other county except that in which Qualification he resides, and that no person shall be capable of being of the repre- elected unless he has been a resident within the said dissentatives, trict at least one year.

SECT. 2. That full opportunity may be given to the good people of exercising their right of suffrage on an occasion so interesting to them, each of the officers holding Elections to such elections, shall continue the same from day to day, be continued passing over Sunday, for five days, including the first day, for five days, and shall cause this act to be read on each day immediDuty of the ately preceding the opening of the election, at the door of sheriffs con- the court-house or other convenient place; each of the ducting them, said officers shall deliver to each person duly elected a representative, a certificate of his election, and shall transmit a general return to the clerk of the supreme court, to be by him laid before the convention.

Penalty on them for neglect.

SECT. 3. For every neglect of any of the duties hereby enjoined on such officer, he shall forfeit one hundred pounds, to be recovered by action of debt by any person suing for the same.

The conven

SECT. 4. The said convention shall be held at Danville tion to deter- on the twenty-sixth day of July next, and shall and may mine on the proceed, after choosing a president and other proper offiexpediency of erecting the cers, and settling the proper rules of proceeding, to consaid district sider and determine whether it be expedient for, and the into an inde- will of the good people of the said district that the same pendent state, be erected into an independent state, on the terms and conditions following:

on certain conditions;

K

Boundary be

SECT. 5. First, that the boundary between the protween the pro- posed state and Virginia, shall remain the same as at present separates the district from the residue of this Commonwealth.

posed state and this Commonwealth. The proposed state to pay part of the debt of the United States

SECT. 6. Second, that the proposed state shall take upon itself a just proportion of the debt of the United States, and the payment of all the certificates granted on account of the several expeditions carried on from the Kentuckey

district against the Indians, since the first day of January and of this one thousand seven hundred and eighty-five.

Common

wealth.

SECT. 7. Third, that all private rights and interests of lands within the said district, derived from the laws of derived from Rights to lands Virginia prior to such separation, shall remain valid and this Commonsecure under the laws of the proposed state, and shall be wealth to be determined by the laws now existing in this state.

secured.

are to be

SECT. 8. Fourth, that the lands within the proposed How lands of state of non resident proprietors, shall not in any case be non resident taxed higher than the lands of residents, at any time prior proprietors to the admission of the proposed state to a vote by its de- taxed, legates in Congress, where such non residents reside out of the United States; nor at any time either before or after such admission, where such non residents reside. within this Commonwealth, within which this stipulation shall be reciprocal; or where such non residents reside within any other of the United States, which shall declare the same to be reciprocal within its limits; nor shall a when forfeited neglect of cultivation or improvement of any land within for neglect of either the proposed state or this Commonwealth, belonging to non residents, citizens of the other, subject such non residents to forfeiture or other penalty within the term of six years, after the admission of the said state into the Fœderal Union.

cultivation.

SECT. 9. Fifth, that no grant of land or land warrant Grants of lands to be issued by the proposed state, shall interfere with any by this Comwarrant heretofore issued from the land office of Virginia, monwealth and the prowhich shall be located on land within said district now posed state liable thereto, on or before the first day of September one not to inter. thousand seven hundred and ninety-one.

fere.

SECT. 10. Sixth, that the unlocated lands within the Unlocated said district, which stand appropriated to individuals or lands appropriated to indescription of individuals, by the laws of this Common- dividuals for wealth, for military or other services, shall be exempt military servifrom the disposition of the proposed state, and shall re- ces to be dismain subject to be disposed of by the Commonwealth of posed of by Virginia, according to such appropriation, until the first wealth. day of May one thousand seven hundred and ninety-two, and no longer: thereafter the residue of all lands remaining within the limits of said district, shall be subject to the disposition of the proposed state.

this Common

SECT. 11. Seventh, that the use and navigation of the river Ohio, so far as the territory of the proposed state, or the territory which shall remain within the limits of this Commonwealth lies thereon, shall be free and com

Navigation of the Ohio to be

free and com

mon.

Commissioners to settle disputes which may arise respect ing the foregoing articles.

SECT. 12. Eighth, that in case any complaint or dispute shall at any time arise between the Commonwealth of Virginia and the said district, after it shall be an inde pendent state, concerning the meaning or execution of the foregoing articles, the same shall be determined by six commissioners, of whom two shall be chosen by each of the parties, and the remainder by the commissioners so first appointed.

SECT. 13. Provided however, That five members assembled, shall be a sufficient number to adjourn from day to day, and to issue writs for supplying vacancies which may happen from deaths, resignations or refusals to act; a majority of the whole shall be a sufficient number to chuse a president, settle the proper rules of proceeding, authorise any number to summon a convention during a recess, and to act in all other instances where a greater number is not expressly required. Two thirds of the whole shall be a sufficient number to determine on the ing the erec expediency of forming the said district into an indepention of the said dent state on the aforesaid terms and conditions, Provided district into an that a majority of the whole number to be elected conindependent state. cur therein.

and to deter mine the ques

tion concern

What number of members necessary to proceed to business,

mon to the citizens of the United States, and the respective jurisdictions of this Commonwealth and of the proposed state on the river as aforesaid, shall be concurrent only with the states which may possess the opposite shores of the said river.

When the au

Common

SECT. 14. And be it further enacted, That if the said thority of this convention shall approve of the erection of the said district into an independent state on the foregoing terms and conditions, they shall and may proceed to fix a day posterior to the first day of November, one thousand seven hundred and ninety-one, on which the authority of this Commonwealth, and of its laws under the exceptions aforesaid, shall cease and determine forever over the proposed state, and the said articles become a solemn compact mutually binding on the parties, and unalterable by either without the consent of the other.

wealth over

the said district to cease.

SECT. 15. Provided however, That prior to the first day of November, one thousand seven hundred and ninetyto be obtained. one, the general government of the United States shall

The assent of the general government

assent to the erection of the said district into an independent state, shall release this Commonwealth from all its fœderal obligations arising from the said district as being part thereof, and shall agree that the proposed state

shall immediately after the day to be fixed as aforesaid posterior to the first day of November one thousand seven hundred and ninety-one, or at some convenient time future thereto, be admitted into the Fœderal Union.

SECT. 16. And to the end that no period of anarchy The convenmay happen to the good people of the proposed state, it tion to provide is to be understood that the said convention shall have for the establishment of a authority to take the necessary provisional measures for constitution of the election and meeting of a convention, at some time government prior to the day fixed for the determination of the autho- for the prority of this Commonwealth, and of its laws over said dis- posed state. trict, and posterior to the first day of November one thousand seven hundred and ninety-one aforesaid, with full power and authority to frame and establish a fundamental constitution of government for the proposed state, and to declare what laws shall be in force therein, until the same shall be abrogated or altered by the legislative authority acting under the constitution so to be framed and established.

SECT. 17. And be it further enacted, That the electors Privileges of in going to, continuing at, and returning from an election the electors, of members to the said convention, shall be entitled to

the same privileges from arrest, as are by law allowed at an election of members to the General Assembly, and

each person returned to serve as a member in said con- and of the revention, shall be entitled to the same privileges from presentatives. arrest in going to, during his attendance on, and returning from said convention, as are by law allowed to the members of the General Assembly.

SECT. 18. This act shall be transmitted by the execu- The executive tive to the representatives of this Commonwealth in Con- to transmit gress, who are hereby instructed to use their endeavours this act to this to obtain from Congress a speedy act to the effect above wealth's respecified, presentatives in Congress.

Common

Preamble.

CHAP. XV.

An act against those who counterfeit letters or privy tokens, to receive money or goods in other

men's names.

(Passed the 18th of November, 1789.)

SECT. 1. WHEREAS many evil disposed persons have falsely and deceitfully contrived, devised and imagined privy tokens and counterfeit letters in other men's names, unto divers persons, their special friends and acquaintances, for the obtaining of money, goods and chattels of the same persons, their friends and acquaintances, by colour whereof the said evil disposed persons have deceitfully and unlawfully obtained and gotten great substance of money, goods and chattels into their hands and possession, contrary to right and conscience.

Any person

Be it enacted by the General Assembly, That if any deceitfully ob- person or persons, shall falsely and deceitfully obtain or taining anoget into his or their hands or possession, any money, ther's money or goods, goods or chattels of any other person or persons, by colour by means of and means of any such false token or counterfeit letter, false tokens, made in any other man's name as is aforesaid; every such person and persons so offending, and being thereof lawfully convicted in the court of the district, in which such offence shall have been committed, shall have and suffer such correction and punishment, by imprisonment of his body without bail or mainprize, for any space not exceeding one year, and setting upon the pillory, as shall be unto him or them limited, adjudged or appointed by the said court.

to be imprisoned and set upon the pil

lory.

Person injur- SECT. 2. Saving to the party grieved by such deceit, ed not to lose such remedy by way of action or otherwise, of and for the his remedy by action for such same money, goods and chattels so obtained, as he might have had, if this act had never been made; any thing in goods. the same contained to the contrary, in any wise notwith

money or

standing.

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