|Pages 154-175||Pages 193-214|
|(Passed the 1st of December, 1790.)|
|SECT. 1. WHEREAS by an act of Assembly passed at the last session, intitled "An act to establish a town in each of the counties of Madison, Albemarle and Bourbon," two hundred and fifty acres of land at the court-house of the said county of Bourbon, as laid off into lots and streets by a certain Lawrence Sprotsman, the then supposed proprietor thereof, was established a town by the name of Hopewell, of which Notley Conn, Charles Smith, jun. John Edwards, James Garrard, Edward Waller, Thomas West, James Lanier, James Little and James Duncan, gentlemen, were constituted trustees; And whereas, since the passing the said act many doubts have arisen who is the real proprietor of the said two hundred and fifty acres of land, and in consequence thereof the present holders of many of the said lots are disquieted, and the sale of the remainder thereof thereby prevented.||Preamble.|
|SECT. 2. Be it therefore enacted by the General Assembly, That from and after the passing of this act the said two hundred and fifty acres of land as laid off into lots and streets, shall be and are hereby vested in the said Notley Conn, Charles Smith, jun. John Edwards, James Garrard, Edward Waller, Thomas West, James Lanier, James Little, and James Duncan, gentlemen trustees, or a majority of them.||Trustees appointed.|
|SECT. 3. The said trustees or a majority of them shall proceed to sell such of the said lots which now remain unsold at public auction for the best price that can be had, the time and place of which sale to be previously advertised two months in the Kentuckey Gazette, and convey the same to the purchaser or purchasers their heirs and assigns; subject however to the same rules, orders and conditions as the said lots are subjected to by the said recited act.||Lots when and how to be sold;|
|SECT. 4. And be it further enacted, by the authority aforesaid, That the said trustees shall as soon as the said||Account of the sales to be|
|sale shall be completed, return an account thereof to the court of the said county of Bourbon, to be there recorded, and the money arising from such sale shall be retained by them for the use and benefit of the person or persons in whom the title to the said two hundred and fifty acres of land shall hereafter be established, to be paid to such person or persons or their legal representatives accordingly. Provided nevertheless, and be it further enacted, That in case the title of the said two hundred and fifty acres of land shall hereafter be established in any other person or persons than in the said Lawrence Sprotsman, the said trustees, shall in such case convey such of the lots as were sold by him to the purchasers thereof in fee simple, and the purchases or holders of such lots shall be subject only to account with the real proprietor thereof, for the value of the same when originally purchased as unimproved lots.|| returned to Bourbon county court.|
Money arising therefrom how to be applied;
|SECT. 5. And be it further enacted, That from and after the passing of this act the name of the said town shall be altered, and from thenceforth the same shall be established by the name of Paris; any law to the contrary hereof notwithstanding.||Name of Hopewell altered to Paris.|
An act for appropriating a farther sum of money for the Capitol.
(Passed the 28th of December, 1790.)
|SECT. 1. BE it enacted by the General Assembly, That out of any money in the treasury the sum of fifteen hundred and sixty-two pounds, shall be appropriated and applied by the directors of public buildings to the payment of any balances due on account of work done to the Capitol, and also for the completion of the several unfinished parts thereof.||A sum of money appropriated for completing certain parts of the Capitol,|
|SECT. 2. The auditor of public accounts shall, upon orders from the executive, issue his warrants to the said directors of the public buildings for the said sum of money, as the same shall become necessary.|
|(Passed the 27th of November, 1790.)|
|SECT. 1. WHEREAS the powers given to the commissioners appointed by two acts of Assembly, the one intitled "An act for surveying and apportioning the lands granted to the Illinois regiment, and establishing a town within the said grant," and the other amendatory thereof have lately expired, and application hath been made to this Assembly for a partial continuance of such powers, in as much as that the said commissioners may continue to execute deeds for all claims which have been heretofore settled and determined by them:||Preamble.|
|SECT. 2. Be it therefore enacted by the General Assembly, That the said commissioners, or any three of them, shall be and they are hereby authorised and impowered upon application to them made for that purpose, to continue to grant deeds to the respective claimants, intitled to portions of land under the said acts of Assembly, whose titles thereto have been heretofore settled and determined, in the same manner and upon the same conditions as prescribed by the said recited acts: Provided nevertheless, and be it further enacted, that the said commissioners shall not continue to execute such deeds after the first day of June one thousand seven hundred and ninety-two, and that if any person shall fail within that period to make application to the commissioners for a deed, and pay the legal fees therefor, his right to the land allowed him, shall be forfeited.|| Commissioners to continue to grant deeds for lands, to the Illinois regiment.
When the lands shall be forfeited for not taking out deeds.
|(Passed the 8th of November, 1790.)|
|SECT. 1. WHEREAS the powers given to the commissioners appointed by one act of Assembly passed in the year one thousand seven hundred and eighty-six, intitled "An act for ascertaining and liquidating the claims of the sufferers by the destruction of tobacco at Byrd's warehouses, and to suspend the re-building of the said warehouses,' have expired, and there still remain some few claims of persons for tobacco burnt at the said warehouses to ascertain and settle||Preamble.|
|SECT. 2. Be it therefore enacted by the General Assembly, That so much of the said recited act as authorizes the commissioners therein named, to ascertain and liquidate the claims of the sufferers by the destruction of tobacco at Byrd's warehouses, shall after the passing of this act be and the same is hereby revived, and shall continue and be in force until the purposes for which it was enacted shall be answered.||The act respecting tobacco burnt at Byrd's warehouse revived.|
|(Passed the 11th of December, 1790.)|
|SECT. 1. WHEREAS the purchasers of lots in the town of Maysville in the county of Mason, in the town of Port Conway in the county of King George, in the town of Dumfries in the county of Prince William, in the town of Lewisburg in the county of Greenbrier and in the town of West Liberty, from the difficulty of procuring materials, have not been able to build on their said lots within the time prescribed by law.||Further time allowed to improve lots, in towns of Maysville, Port Conway, Dumfries, Lewisburg, and West Liberty.|
|SECT. 2. Be it therefore enacted by the General Assembly, That the further time of four years from the passing of this act, shall be allowed the purchasers of lots in the said towns to build upon and save the same.|
|SECT. 3. And whereas it is represented to this Assembly that for want of a timely promulgation of the law, the trustees for the town of West Liberty in the county of Ohio, have not sold the lots in the said town: Be it therefore enacted, That the said trustees shall have the further time of twelve months from the passing of this act to sell the lots in the said town of West Liberty.|| Lots in West Liberty, when to be sold; |
|(Passed the 20th of December, 1790.)|
|SECT. 1. BE it enacted by the General Assembly, That the principal surveyors of the several counties within the district of Kentuckey, now in office, and the principal surveyors of the lands granted by law to the officers and soldiers on continental and state establishments, shall in one month after requisition made by the trustees of the Transylvania seminary, give bond and sufficient security in a reasonable sum for the annual payment to the said trustees, of one sixth of the fees which shall become due to them after the first day of January one thousand seven hundred and ninety-one; and in case any of the said surveyors shall fail or refuse to give such bond and security, he or they shall forfeit and pay to the said trustees for the use of the said seminary, the sum of one hundred pounds annually, until he or they shall give such bond and security.||Surveyors in Kentuckey to pay part of their fees to the trustees of the Transylvania seminary;|
|SECT. 2. And be it further enacted, That no surveyor hereafter appointed within the said district, shall be admitted to take his oath of office without having first produced||No surveyor to be qualified until he enters|
|to the court a certificate from the trustees aforesaid, or their agent, that he has given bond and security to them for the due payment of one sixth of all his fees, and if any court shall suffer or permit any surveyor to take such oath without such certificate, the justices composing the court, shall each forfeit and pay to the said trustees the sum of twenty pounds, and the surveyor the sum of one hundred pounds, and the surveyor shall moreover forfeit and pay the like sum of one hundred pounds annually, until he gives such bond and security.||into bond with security for that purpose;|
|SECT. 3. And be it further enacted, That the surveyors aforesaid shall account for and pay to the said trustees in the month of September annually, the respective sums due by them for the former year.||When the said fees hereafter accruing are to be paid;|
|SECT. 4. And be it further enacted, That it shall be lawful for the trustees aforesaid after two months demand made of the said surveyors, and on either of their failure or neglect to pay the same, to recover of the surveyors so failing or neglecting whatever may be due from them since the act appropriating the sixth of the surveyors fees in the Kentuckey district, to the use of the Transylvania seminary has been in force.||When those now due, are to be paid.|
|SECT. 5. And be it further enacted, That the several surveyors aforesaid shall annually in the month of March make return on oath to the chairman, or to the treasurer of the board of trustees, of all the fees received by and due to him for the former year, or be subject to the payment of the penalty of one hundred pounds to them for his failure or neglect.||When the said surveyors are to account with the trustees.|
|SECT. 6. And whereas the present method of examining principal surveyors is extremely inconvenient to those residing in the district of Kentuckey, Be it therefore enacted, That hereafter it shall be lawful for the board of trustees of the Transylvania seminary, to appoint three or more of their own body, or some other fit persons, to examine those recommended by the county courts of the said district, as proper persons to execute the office of surveyor, and if found qualified, to certify the same to the governor, which shall be as effectual in law, as the mode heretofore practised.|
Surveyors in Kentuckey, how to be appointed.
|SECT. 7. All penalties incurred, or other monies directed to be paid by this act, shall and may be recovered by the said trustees for the use of the said seminary, with costs, by motion in the supreme court of the Kentuckey||Penalties, how to be recovered and applied.|
|district, or in any of the county courts; Provided ten days previous notice of such motion hath been given.|
|SECT. 8. And be it further enacted, That so much of any act or acts as comes within the purview of this act, shall be and the same is hereby repealed.|
|SECT. 9. And whereas the directors of the public buildings have hitherto rented out a house standing on the public ground as a school house, and it would be an encouragement to the said school if the said house was suffered to be held for that purpose free of rent. Be it therefore enacted, That from and after the first day of January next, the said directors may suffer the said house to be occupied for a school free of rent, so long as the public shall have no use for the same.||No rent to be paid for a house on the public ground used for a school.|
|(Passed the 12th of November, 1790.)|
|SECT. 1. WHEREAS by the act of General Assembly passed in the year of our Lord one thousand seven hundred and eighty-six, intitled "An act to establish a town in the county of Bourbon," the boundaries of the said town land are not described, and it is necessary for the prevention of disputes that the same should be done.||Preamble.|
|SECT. 2. Be it therefore enacted by the General Assembly, That the following tract of land, beginning at two sugar trees near a small branch, the south east corner of a survey made in the name of Edmund Byne, thence north to John Tebbs's pre-emption line, thence west to Simon Kenton assignee of Joseph Frezier, thence along said Kenton's line south twenty-four degrees west to a line of a survey of three hundred and twenty acres purchased from said Kenton by William Wood and Arthur Fox, thence west with said line to a hackberry corner to said survey, thence south one hundred and four poles to a white thorn, thence west forty-six poles to two honey locusts and hickory, corner to a survey made in the name||Bounds of the town of Washington, in Bourbon county.|
|of John Craig and Robert Johnston assignees of John May who was assignee of James M'Kinley, thence with their line south to a white ash and elm, another corner to said Craig and Johnston, thence east sixty-five poles to a forked buckeye and white ash saplin, in a line of a survey made for William Ward, thence north to a large sugar tree marked as a corner, thence north eighty-eight degrees east so far, that a line running due north shall strike the beginning, shall be from and after the passing of this act, deemed and taken as the bounds of the said town of Washington in the said county of Bourbon, which has been laid off into in and out lots with convenient streets for that purpose, according to the intention of the said recited act; and that Edmund Lyne, Henry Lee, Miles W. Conway, Arthur Fox, Robert Rankin, John Gutridge, William Lamb, Alexander D. Orr, Thomas Sloe and Richard Corwine, gentlemen, shall be appointed trustees for carrying this act into complete execution, which trustees or a majority of them, shall be authorized and empowered to make such rules, orders and regulations for building thereon, as to them shall seem most conducive to the convenience of the inhabitants of the said town, and to settle and determine any dispute that may hereafter arise respecting the boundaries thereof.|| |
|SECT. 3. In case of the death, resignation, removal out of the said county, or other legal disability of any one or more of the said trustees, it shall be lawful for the remaining trustees, it shall be lawful for the remaining trustees to choose others in their stead; which trustees so elected, shall have the same powers and authority, as any other trustees herein named.||Vacancies how to be supplied.|
|SECT. 4. And be it further enacted, That so soon as the owner or owners of any lot or lots within the said town, shall have built a dwelling house sixteen feet square with a brick or stone chimney, such owner or owners shall have and enjoy the same privileges and immunities, which the freeholders and inhabitants of other towns not incorporated, hold and enjoy.||Privileges of the owners of lots.|
|(Passed the 25th of December, 1790.)|
|SECT. 1. WHEREAS it is represented to this present General Assembly, that the road leading through the Wilderness to the district of Kentuckey, is much out of repair, whereby the intercourse between the inhabitants of the said district and the eastern part of this state is greatly obstructed.||Preamble.|
|SECT. 2. Be it enacted by the General Assembly, That a sum not exceeding six hundred pounds, out of the public taxes due from the counties of Jefferson, Nelson, Lincoln, Mercer and Madison, shall be and the same is hereby appropriated to the purpose of opening and improving the said road leading through the Wilderness from the line of Russel county to Englis's station in the said district, and that John Logan, Harry Innes, Isaac Shelby, Samuel M'Dowell and John Miller, gentlemen, be appointed commissioners, who or any three of them are hereby impowered and directed to superintend the said work, and to contract with some fit person to undertake the clearing and improving the said road.|| Part of the taxes due from certain counties appropriated to open
the road to Kentuckey.|
|SECT. 3. And be it further enacted, That it shall be a condition in the said contract, that a preference shall be given by the said undertaker for labour, provision or any other necessaries that may be wanted and furnished, or that can be obtained from the inhabitants of the said counties in discharge of the public taxes due from their respective counties; and the several accounts of such persons who may have discharged their taxes as aforesaid, shall be liquidated and adjusted by the said undertaker, and a certificate granted by him for the amount thereof, expressing the time and number of days served, the time when the service was performed, and the allowance for such service, which said certificate granted as aforesaid, shall be receivable by the sheriff of that county, in which the said person performing the said service was resident, in discharge of the public taxes due from that county, and the same shall be received in settlement of his accounts|| Undertaker to give a preference to the inhabitants of said
counties for necessaries, &c. furnished; |
To grant them certificates therefor;
which shall be receivable in discharge of the taxes due from said counties.
|with the receiver, who shall be allowed the same in the settlement of his account with the treasurer.|
|SECT. 4. And be it further enacted, that the said undertaker shall, before he enters into the execution of the said work, enter into bond with approved security in the penalty of twelve hundred pounds, with the said board of commissioners, for the faithful performance of the said undertaking, to be recoverable on failure, by motion in any court of record, upon giving ten days previous notice thereof.||Undertaker to give bond with security for the performance of his contract.|
|(Passed the 14th of December, 1790.)|
|SECT. 1. BE it enacted, That from and after the first day of February next, a court of hustings for the town of Winchester, shall be held on the Monday before the first Tuesday in every month; a court for the county of Caroline shall be held on the second Tuesday in every month; a court for the county of Washington shall be held on the third Tuesday in every month; a court for the county of Chesterfield shall be held on the second Monday in every month; a court for the county of Russell shall be held on the fourth Tuesday in every month; and a court for the county of Wythe shall be held on the second Tuesday in every month.|| When courts shall be held in the town of Winchester; |
In the counties of Caroline; Washington,
|SECT. 2. And be it further enacted, That the courts of quarter session for the said county of Wythe heretofore held in the months of March, May, August, and November, shall from and after the first day of February next, be held in the months of April, June, September and November annually; and that the courts of quarter sessions for the counties of Prince William, Berkeley and Ohio, shall henceforth be held on the respective court days of the said counties in the month of June, instead of the month of May in every year. Any law to the contrary notwithstanding.||When the courts of quarter sessions shall be held in the counties of Wythe; Prince William, Berkeley and Ohio.|
|(Passed the 15th of December, 1790.)|
|SECT. 1. WHEREAS it has been represented to the present General Assembly, That the road leading from the town of Lewisburg in the county of Greenbrier, to the lower falls of the Great Kanhaway, has been found of great utility, in facilitating a communication with the western county, and that the said road leads through an uninhabited country for many miles, and therefore cannot be kept in repair by the ordinary mode prescribed by law, for remedy whereof,||Preamble.|
|SECT. 2. Be it therefore enacted by the General Assembly, That it shall and may be lawful for the justices of the counties of Greenbrier and Kanhaway or a majority of them, and they are hereby directed and required at their April court in each year, during the term of four years, to let to the lowest bidder or bidders in their respective counties, the repairing and keeping in repair so much of the said road as lies in their respective counties, and to levy on the tithables, a sum of money for defraying the expence of repairing the same; Provided always, that the sum so to be raised shall not exceed the sum of two shillings for each tithable per annum.|| Justices of Greenbrier and Kanhaway to let the repairing the
road from Lewisburg to the Kanhaway; |
Expence thereof, to be levied on the tithables in the said counties;
|SECT. 3. And be it further enacted, That the clerks of the aforesaid counties of Greenbrier and Kanhaway, shall immediately after the letting of the repairing the said road, furnish the sheriff of his county with a compleat list of the tithables within his respective county, and the sums due from each for the purpose aforesaid, who shall thereupon proceed to collect the same, and shall at any time within four months after the delivery of the said list to him as the court of his said county may direct, pay to the undertaker or undertakers the money by him so collected for the purpose aforesaid, deducting therefrom five per centum for collecting. And if the said sheriff shall neglect or refuse to pay unto the said undertaker|| When to be collected, |
and paid to the undertaker.
|or undertakers the money directed to be paid him by the court, it shall and may be lawful for the said undertaker or undertakers by motion in the court of the said county, to obtain a judgment against the said sheriff for the same and costs, and thereupon to issue an execution against the said sheriff; and the clerk shall indorse on the said execution, that no security shall be taken; Provided always, that the said sheriff shall have ten days previous notice of such motion.|
|SECT. 4. And be it further enacted, That the courts of the counties aforesaid, shall, on letting the repairing of the said road take bond or bonds with sufficient security, for the faithful performance of the said work within four months, which bonds shall be payable to the court of each county respectively: And if the said undertaker or undertakers shall neglect to repair the said road within the time aforesaid, and to keep the same in repair, it shall and may be lawful for the court of the county wherein such failure shall happen, to sue the said undertaker or undertakers on the bond aforesaid, in any court of record, and the damages recovered against him to apply towards keeping the said road in repair.||Undertaker to give bond and security for his contract.|
|(Passed the 16th of December, 1790.)|
|SECT. 1. WHEREAS it has been represented to the present General Assembly, by the president and directors of the Patowmack company, that the time allowed by law for making and improving the navigation of Patowmack river, between the Great Falls and Fort Cumberland, in the manner therein mentioned, is found not sufficient to perform the work||Preamble.|
|SECT. 2. Be it therefore enacted, That the further time of three years shall be allowed the said company for making and improving the navigation of the said river above the Great Falls.||Further time allowed for improving the navigation.|
|SECT. 3. And be it further enacted, That none of the shares not already subscribed for, be hereafter taken up, but on first paying the amount of the previous calls and interest from the time the calls ought to have been complied with, and that delinquent subscribers shall pay interest from the time the money called for ought to have been paid, with the actual expence of notice, and that the same shall be recovered with, and in like manner as the principal.|| Terms on which shares, not yet subscribed for, may be taken up.
Delinquent subscribers to pay interest.
|SECT. 4. And be it further enacted, That the place of collection of tolls shall be at or near Hook's Falls, instead of being at or near Payne's, and that one fourth of the tolls made payable at Payne's Falls, shall henceforth be demandable and received at Hook's Falls, and one fourth of the tolls payable at the Great Falls, shall be demandable and received at the Great Falls; and also on goods and produce landed at or near Watts's branch.||Part of the capital to be applied to improving the navigation of the branches of Patowmack.|
|SECT. 6. And be it further enacted, that it shall and may be lawful for persons not citizens of this Commonwealth, to purchase and hold the non-subscribed shares of the said Patowmack company. Provided that the persons so purchasing shall not thereby become citizens of this Commonwealth.||Foreigners may hold certain shares.|
An act for killing Crows and Squirrels in certain counties.
(Passed the 16th of December, 1790.)
|SECT. 1. BE it enacted by the General Assembly, that every free male tithable in the counties of Harrison, Monongalia, Ohio, Madison and Woodford, shall produce to a justice of the peace of the said counties respectively on or before the first day of June, in each of the||Tithables in certain counties to produce to a justice a certain number of scalps of|
|years one thousand seven hundred and ninety-one and one thousand seven hundred and ninety-two, three scalps of crows and twelve of squirrels, and that every free male tithe in the counties of Gloucester, Middlesex and Essex, shall produce to a justice of the peace of the said counties respectively on or before the said first day of June, in each of the years aforesaid six scalps of crows.|| crows and squirrels.|
Tithables in certain counties to produce a certain number of scalps of crows,
|SECT. 2. And every free male tithable in the counties of Accomack and Northampton shall produce to a justice of the said counties eight scalps of crows or squirrels, and the scalps so produced, the justice shall cause immediately to be destroyed.||and in certain others, of crows or squirrels.|
|SECT. 3. Every tithable failing to produce the number of scalps as aforesaid, shall pay the sum of three pence for each scalp he shall fail to produce to be levied by the courts at the time of laying the county levy and collected and accounted for in like manner as the said levy, and paid to those persons who shall produce to a justice as aforesaid a greater number of scalps than are required by this act in proportion to such excess.|| Penalty on those failing to produce them;|
How to be collected and applied.
|SECT. 4. Each justice shall keep a fair and alphabetical list of the names of the persons and number of scalps produced to him and return the same to the clerks of the respective courts on or before the first day of July in each of the aforesaid years, and the clerks shall from thence make up a list of the names and number of scalps produced by each tithable, and lay the same before their respective courts for their guide and direction in laying the penalties imposed by this act.|| Justices to keep a list of persons producing scalps; |
to be laid before the county court.
|(Passed the 11th of December, 1790.)|
|SECT. 1. WHEREAS it is represented to the present General Assembly, That by the division of the county of Hampshire, the glebe lands thereof have fallen into the county of Hardy.||Preamble.|
|SECT. 2. Be it therefore enacted by the General Assembly, That from and after the passing of this act, the parish of Hampshire shall be divided and form two separate and distinct parishes: the county of Hampshire shall be one parish, and known by the name of Hampshire parish, and the county of Hardy shall be one other parish, and known by the name of Hardy parish.||The parish of Hampshire divided into two parishes.|
|SECT. 3. And be it further enacted, That the members of the Protestant Episcopal church in each of the said parishes shall assemble on Easter Monday next, or as soon after as convenient at the courthouses of their respective counties, and then and there elect trustees for the said parishes agreeably to the ordinances of the said church.||Trustees thereof, when to be appointed.|
|SECT. 4. And be it further enacted, That the trustees of the said parishes of Hampshire and Hardy, or a majority of them, shall immediately after such election, or as soon after as may be, proceed to sell one moiety of the glebe lands above mentioned, in value as near as can be ascertained, in such manner as they may deem most eligible, and the money arising from the sale thereof, with a full moiety of the rents due thereon, shall be applied by the trustees of the parish of Hampshire, towards purchasing a glebe therein.||A moiety of the glebe land to be sold, and the money applied to the purchase of a glebe for Hampshire parish;|
|SECT. 5. And be it further enacted, That the trustees of the said church to be appointed by this act in the parish of Hardy, are hereby authorised and empowered to sell the other moiety of the said glebe lands, if to them it shall seem expedient, and apply the money arising from the sale thereof to the purchase of a more convenient glebe for the use of the said parish. And if the trustees before mentioned should disagree in the value of the said glebe land after a division thereof, in that case the trustees shall proceed to sell the said glebe lands in moieties, and the money arising from such sales to be equally divided between the parishes of Hampshire and Hardy; and the trustees shall respectively lay out the money in the purchase of a glebe in each of the parishes aforesaid.|| Trustees of Hardy parish authorized to sell the other moiety and
purchase another glebe. |
Duty of the trustees if they should disagree in opinion respecting the value of the glebe land.
|SECT. 6. And be it further enacted, That the trustees which may be elected for the parish of Hardy, shall without delay take all legal means to collect and recover all sums of money or tobacco which now are, or hereafter may become due for the rents of the said glebe.||Trustees of Hardy parish to collect the money due for the rent of the glebe.|
|SECT. 7. And the trustees to be elected for the parishes of Hardy and Hampshire shall respectively perform the duties required of them by this act respecting the sale of the said glebe, or a part thereof, and the purchase of another glebe within two years from the passing of this act under the penalty of one hundred pounds on the trustees of each parish so failing, to be recovered by action of debt in any court of this Commonwealth, one moiety thereof to the use of the parish in which such failure or neglect of duty may happen, the other moiety to any person who may sue for the same.||Within what time the trustees are to execute the duties enjoined by this act.|
|(Passed the 15th of November, 1790.)|
|SECT. 1. BE it enacted by the General Assembly, That it shall and may be lawful for the freeholders, housekeepers and free male inhabitants of the town of Lexington in the county of Fayette, and those within one mile of the courthouse in the said town, aged twenty-one years, other than free negroes or mulattoes, who have resided therein for the space of six months, and who possess in their own right within the said town and limits aforesaid, moveable property of the value of twenty-five pounds, to elect and choose seven trustees; which election shall be conducted by the sheriff of the said county and held at the courthouse on the second Monday in May next, of which previous notice shall be given by advertisement, at the door of the said courthouse, on the court day next preceding the said election.|| Trustees to be elected, for the town of Lexington, in Kentuckey.
When and how.
|SECT. 2. The sheriff shall make return of the persons elected, to the clerk of the court, to be by him recorded, and moreover return a fair copy of the poll, by him taken, to the person having the greater number of votes, to be recorded with the other proceedings of the said trustees in books to be by them kept for that purpose.||Return of persons elected to be made by the sheriff.|
|SECT. 3. The said trustees and their successors, or a majority of them, shall have power to erect and repair||Powers of the trustees.|
|a market-house in the said town, to appoint a clerk of the market, to regulate and repair the streets and highways in the said town and limits aforesaid, to remove nuisances and obstructions therein, and to impose taxes not exceeding one hundred pounds annually on the tithables and property, real and personal within the said town and limits aforesaid, for the purpose of carrying into execution all or any of the powers hereby given them; to make provision and regulations for the collecting and accounting for the taxes so raised, by appointing a collector and directing distress to be made for delinquencies or by any other ways or means, and to make such ordinances and regulations, not contrary to the laws and constitution of this Commonwealth, as shall by them or a majority of them, be thought necessary for carrying this act into effect.|
|SECT. 4. Vacancies by death or otherwise of the said trustees or any of them, shall be supplied by elections to be made in like manner as herein before directed, on a day to be appointed by the remaining trustees, whereof return shall be made of the person elected, with a fair copy of the poll to the said trustees to be recorded.||Vacancies, how to be supplied.|
|SECT. 5. No persons shall be capable of being elected a trustee, who is not a freeholder and inhabitant of the said town, or a freeholder and inhabitant of the said town, or a freeholder and resident within the limits aforesaid, at the time of election.||Qualification of the trustees.|
|SECT. 6. Whensoever a trustee shall cease to be a freeholder, inhabitant or resident as aforesaid, he shall thenceforth be considered as disqualified, and another shall be elected in his stead.||When they shall be disqualified.|
|SECT. 7. And be it further enacted, That from and after the appointment of trustees in consequence of this act, the former trustees appointed under an act of Assembly intitled "An act to establish a town at the courthouse in the county of Fayette," shall cease to act, and all the property, papers and records belonging to them as trustees, shall become vested in the trustees appointed by virtue of this act, who shall exercise the same powers and authorities, as are now, or heretofore have been vested in, or exercised by the trustees under the said recited act.||Former trustees displaced.|
|Pages 154-175||Pages 193-214|