in any case wherein his death shall come in question, unless proof be made that he was alive within that time. But an estate recovered in any such case, if in a subsequent action or suit the person presumed to be dead shall be proved to be living, shall be restored to him who shall have been evicted, and he may moreover demand and recover the rents and profits of the estate, during such time as he shall have been deprived thereof, with lawful interest. From Rev. Bills of 1779, ch. CXV. CHAP. LXVIII. An act prescribing a method of protesting inland bills of exchange, and allowing assignees of obligations to bring actions thereupon in their own names. BE it enacted by the General Assembly, That if Bills of ex- a bill of exchange, for the sum of five pounds, or upchange, inwards, dated at any place in Virginia, drawn upon a land, how pro tested. person at any other place therein expressed, to be for value received, and payable at a certain number of days, weeks, or months after date, being presented to the person, upon whom it shall be drawn, shall not be accepted by subscribing his name, with his proper hand to the acceptance, written at the foot, or on the back of the bill, or being accepted in that manner, and not otherwise, shall not be paid before the expiration of three days after it shall become due, the person to whom it shall be payable or his agent, or assigns, may cause the bill to be protested by a notary public, or if there be no such, by any other person in presence of two or more credible witnesses, for non-acceptance, in the form or to the effect following, written under a fair. copy of the bill: "Know all men, that I, on the day of of abode of the above named at the usual place , presented to him the bill, of which the above is a copy, and which or for non-payment after acceptance, in the same form or to the same effect, except that the words "presented to him the bill, of which the above is a copy, and which said did not accept," shall be left out, and instead of them the words "demanded payment of the bill, of which the above is a copy, and which the said did not pay," be inserted; And the drawer, such protest being sent to him, or notice thereof in writing being given to him, or left at the place of his usual abode, within fourteen days thereafter, shali pay the money mentioned in the bill to the person entitled to it, with interest, at the rate of five per centum by the year, from the day of the protest; and he, to whom the bili shall be payable, neglecting to procure the protest to be made, or due notice thereof to be given, shall be liable for all costs and damages accruing thereby. If the bill shall be lost or shall miscarry, the drawer shall sign and deliver another of the same tenour, sufficient security being given to indemnify him against all persons who may claim under the former An action of debt may Debt on notes be maintained upon a note or writing, by which the person signing the same, shall promise or oblige himself to pay a sum of money or quantity of tobacco to ano ther. Assignments of bonds, bills, and promissory Assignment notes, and other writings obligatory, for payment of of bonds. money or tobacco, shall be valid; and an assignee of any such may thereupon maintain an action of debt, in his own name, but shall allow all just discounts, not only against himself, but against the assignor, before notice of the assignment was given to the defendant. CHAP. LXIX. An act for reviving the inspection of tobacco at South-Quay, in the county of Nansemond. Inspection of tobacco at I. BE it enacted by the General Assembly, That the South Quay inspection of tobacco on the lands of Richard Baker revived. at South-Quay, in the county of Nansemond, shall be, and the same is hereby revived and established; and that the houses erected for the reception of tobacco shall be kept in repair at the expence of the proprietor of the said land. The transfer notes issued by the inspectors at the said warehouse, shall be received in discharge of officers fees and public dues in the same manner as those of Suffolk inspection. Each of the inspectors at the warehouse shall receive a salary of twenty-five pounds per annum. 11. Provided always, and be it further enacted, That if the quantity of tobacco inspected at the said warehouse shall not be sufficient to pay the usual charges and the inspectors salaries, the deficiency shall not be. paid by the public. CHAP. LXX. An act directing conveyances to be made for lands sold under the revenue law by John Owen, deceased. late sheriff of the county of Pittsyl vania. I. WHEREAS it is represented, that John Oweu, Lands sold sheriff of the county of Pittsylvania, in the years one for taxes, by thousand seven hundred and eighty-two, and one sheriff of Pitt. thousand seven hundred and eighty-three, sold parts sylvania, how of sundry tracts of land to satisfy and pay the taxes conveyed. John Owen, then due thereon, in the manner prescribed by law, but before any conveyances were executed, the said John Owen departed this life; and application hath been made for an act to authorise some person to exe cute deeds to the purchasers, for the said lands: II. Be it therefore enacted by the General Assembly, That the sheriff of the said county of Pittsylvania shall, and he is hereby authorised and required, to execute deeds of conveyance for all lands sold under the revenue law by the said John Owen, and not conveyed by him, which shall be as effectual to all intents and pur- CHAP. LXXI. An act for establishing a town in the County, Ken I. WHEREAS the village called and known by Town of the name of Washington, in the county of Bourbon, Washington, containing about seven hundred acres of land, hath in Bourbon been laid off for in and out lots, with convenient streets; tucky, estab and it is represented to this present general assembly, lished. that it will be of great advantage to the holders of the said lots and others, if the same were established a town: II. Be it therefore enacted, That the said seven hundred acres of land, so laid off into lots and streets, shall ⚫ be, and the same is hereby established a town, by the name of Washington; and that Edmund Lyne, Edward Waller, Henry Lee, Miles W. Conway, Arthur Fox, Daniel Boone, Robert Rankins, John Gutridge and William Lamb, gentlemen, be trustees of the same.-The said trustees, or a majority of them, are authorised to make such rules and orders for the regular building therein, as to them shall seem most conducive to the convenience of the inhabitants, and to settle and determine all disputes about the bounds of the said lots. In case of the death, resignation, removal out of the county, or other legal disability, of any one or more of the said trustees, it shall be lawful for the remaining trustees to choose others in their stead; which trustees so elected, shall have the same power and authority as any other in this act particularly appointed. III. And be it further enacted, That so soon as the owners of lots within the said town, shall have built a dwelling-house, sixteen feet square, with a brick or stone chimney, such owner shall have and enjoy the same privileges and immunities, which the freeholders and inhabitants of other towns, not incorporated, hold and enjoy. Vot. XII. ▼ 2 CHAP. LXXII. An act to repeal in part the act intituled An act for regulating the streets in and adjoining to the town of Alexandria. BE it enacted by the General Assembly, That se Part of the much of an act, intituled "An act for regulating the act regula. streets in and adjoining to the town of Alexandria," as ting streets relates to the contraction of Washington-street, bein Alexantween Queen-street and Oronoko-street, shall be, and the same is hereby repealed. dria, repeal ed. Limits of the CHAP. LXXIII. An act to extend the limits of the town of Alexandria. BE it enacted by the General Assembly, That the town of Alex limits of the town of Alexandria, shall extend to and dria extended include as well the lots formerly composing the said town, as those adjoining thereto, which have been and are improved. Further time allowed, for making CHAP. LXXIV. An act concerning mill-dams on the ver. BE it enacted, That the owner or proprietor of any slopes in, and and every mill on the South Branch of Potowmack |