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from the purchasers; and when the money is received, pay to the state the expences of the prosecution of the said John Tyler, to his creditors their just debts, and distribute the remainder among the brothers and sisters of the said John, observing this rule of proportion, that such as are of the half-blood, if any there be, shall be entitled to but half a share. And whereas the said John Tyler, in his life-time, agreed to sell to Joseph Tyler, a tract of land containing one hundred and fif ty-five acres, more or less, lying in the county of Loudoun, for the sum of one hundred and sixty pounds, part whereof has been paid, but no conveyance executed before the deaths of the said Joseph and John Tyler.

II. Be it enacted, That the said trustees, or any two of them, be empowered to demand and receive from the administrators of the said Joseph Tyler the balance due, and upon receipt thereof, to convey the said tract of land in fee to the heir at law of the said Joseph, and distribute the money among the representatives of the said John, in manner aforesaid.

III. And be it further enacted, That Elizabeth, the widow and relict of the said Joseph, shall be entitled to dower in the said one hundred and fifty acres of land, in the same manner that she would have been if the lands had been conveyed to the said Joseph in his life-time.

Town of Clarksburg in Harrison

county esta

blished.

CHAP. XCIV.

An act for establishing the town of
Clarksburg in the county of Har

rison.

I. WHEREAS a considerable number of lots have been laid off, and houses built thereon, by the proprietors of the place fixed for the erecting the court-house and other public buildings in the county of Harrison, and application being made to this assembly that the same may be established a town.

11. Be it therefore enacted, That the said lots so laid off, or hereafter to be laid off by the trustees, shall be, and the same are hereby established a town, by the name of Clarksburg, and that William Haymond, Nicholas Carpenert, John Myers, John M'Ally, and John Davisson, gentlemen, are hereby appointed trustees of the said town, who, or any three of them, shall have power from time to time to settle and determine all disputes concerning the bounds of the said lots, and in case of the death, resignation, or removal out of the county of any one or more of the said trustees, it shall be lawful for the freeholders of the said town to elect and choose others in their stead, and those so chosen shall have the same power and authority as any one particularly named in this act

III. Provided always, and be it further enacted. That half an acre of ground, or so much thereof as may be thought necessary, either in one entire or two separate parcels, shall be laid off by the said trustees in the most cenvenient part of the said town, and appropriated for the purpose of erecting thereon the court-house and other public buildings; and that the said trustees have full power to lay off as many lots, streets, and alleys as to them shall seem convenient, for the benefit of the said town; and that the possessor of any lot or lots in the said town, shall, before the first day of January, one thousand seven hundred and ninety, build thereon a dwelling house of at least sixteen feet square, either of stone, brick, frame, or hewed logs, with a stone or brick chimney, and upon failure thereof, shall forfeit their lot or lots to the said trustees, to be further disposed of as they may think proper, for the benefit of the said

town.

IV. And be it further enacted, That the freeholders of the said town shall be entitled to, and have and enjoy all the rights, privileges, and immunities, which the freeholders of other towns not incorporated, have and enjoy.

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Town of

ty established.

CHAP. XCV.

An act for establishing a town on the lands of William Mercer, in the county of Stafford.

I. BE it enacted by the General Assembly, Thai Leesville, in seventy-one acres of land, being part of a tract devised Stafford coun- by the will of the late general Hugh Mercer, deceased, to his son William Mercer, now an infant, lying on Rappahannock river, in the county of Stafford, shall be, and the same are hereby vested in William Fitzhugh, James Hunter, Mann Page, George Weedon, William Garrard, and John Mercer, gentlemen, trustees, to be by them, or a majority of them, laid out into lots of half an acre each, with convenient streets, which shall be, and the same is hereby established a town, by the name of Leesville. So soon as the said seventy-one acres of land shall be so laid off into lots and streets, the said trustees, or a majority of them, shall proceed to sell the said lots, at public auction, for the best price that be had, the time and place of which sale shall be previously advertised for one month in the Virginia Gazette; the purchasers to hold the said lots respectively, subject to the condition of building on each a dwelling house sixteen feet square at least, with a brick or stone chimney, to be finished fit for habitation within three years from the day of sale: And the said trus. tees, or a majority of them, shall, and they are hereby empowered, to convey the said lots to the purchasers thereof in fee subject to the condition aforesaid, and pay the money arising from the sale thereof to the executors of the said Hugh Mercer, to be by them accounted for, and paid to the said William Mercer, or his legal representatives. The said trustees, or a majority of them, shall have power from time to time, to settle and determine all disputes concerning the bounds of the lots, and to settle and establish such rules and orders for the regular building of houses thereon, as to them shall seem best; and in case of the death, resignation, or other legal disability of any of the said trustees, to elect and choose others in their stead, which trustees, so chosen, shall, to all intents and purposes, be vested

with the same powers and authority as any other in this act particularly nominated and appointed.

11. And be it further enacted, That the purchasers of lots in the said town, so soon as they shall have built upon and saved the same, according to the conditions of their respective deeds of conveyance, shall then be entitled to, and have and enjoy, all the rights, privileges, and immunities, which the freeholders and inhabitants of other towns not incorporated, hold and enjoy. If the purchasers of any lot shall fail to build thereon within the time before limited, the said trustees, or a majority of them, may thereupon enter into such lot, and sell the same again, and apply the money for the benefit of the inhabitants of the said town.

CHAP. XCVI.

An act appointing trustees for the town of Suffolk, and for enlarging

the same.

folk appoint

Addition to

I. BE it enacted by the General Assembly, That Trustees of Wells Cowper, John Driver, John Granberry, Willis town of SufRiddick, Robert Cowper, Archibald Richardson, and ed. Thomas Wishart, gentlemen, shall be, and they are hereby constituted and appointed, trustees of the town of Suffolk: That sixteen acres of land adjoining the said town, the property of John Granberry, be, and the the town. same are hereby vested in the said trustees, and shall be held, deemed and taken as part of the said town, and shall be laid off by the said trustees, or a majority of them, into lots of half an acre each, with convenient streets, and sold at public auction for the best price that can be had, the time and place of such sale being previously advertised two months in the Virginia Gazette, and to convey the said lots to the purchasers thereof in fee respectively, subject to the condition of building on each a dwelling-house, at least twenty feet

long and sixteen feet wide, with a briek or stone chiraney, to be finished within four years from the day of sale. The money arising from the sale of the said lots shall be paid by the said trustees to the said John Granberry, or his legal representatives. The said trustees, or a 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 for the regular building of houses thereon, as to them shall seem most convenient: That in case of the death, removal out of the county, or other legal disability of any of the said trustees, the vacancy thereby occasioned shall be supplied by the remaining trustees, and those so chosen shall be to all intents and purposes individually vested with the same power and authority as any one in this act particularly mentioned. purchasers of lots in the said town, so soon as they shall have built upon and saved the same, according to the conditions of their respective deeds of conveyance, shall be entitled to and enjoy the same rights, privileges, and immunities, with the other freeholders and inhabitants of the said town: That if the purchaser of any lot sold by the said trustees shall fail to build thereon within the time before limited, the said trustees, or the major part of them, may thereupon enter into such lot, and sell the same again, and apply the money for the benefit of the said town.

The

Morganstown in Mononga

CHAP. XCVIL

An act to establish a town on the lands of Zackquell Morgan, in the county of Monongalia

1. BE it enacted by the General Assembly, That lia. estabush. fifty acres of land, the property of Zackqueli Morgan, lying in the county of Monongalia, shall be, and they are hereby vested in Samuel Hanway, John Evans,

ed.

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