enacted, "that the treasurer be directed in addition to the subscriptions he is already authorized to make to the respective undertakings for opening the navigations of Potowmack and James rivers, to subscribe to the amount of fifty shares to the former and one hundred shares to the latter, to be paid in like manner with the subscriptions above mentioned; and that the shares so subscribed be and the same are hereby vested in George Washington, esq. his heirs and assigns forever, in as effectual a manner as if the subscriptions had been made by himself or by his attorney." And whereas, the said George Washington, esq. in his letter addressed to the governor, which has been laid before the general assembly, hath expressed his senti-. ments thereupon, in the words following, to wit:

Your excellency having been pleased to transmit me His letter de a copy of the act appropriating to my benefit certain clining the shares in the companies for opening the navigation of donation. James and Potowmack rivers, I take the liberty of returning to the general assembly, through your hands, the profound and grateful acknowledgments, inspired by so signal a mark of their beneficent intentions towards me. I beg yon, sit, to assure them, that I am filled on this occasion with every sentiment which can flow from a heart warm with love for my country→→→ sensible to every token of its approbation and affection; and solicitous to testify, in every instance, a respectful submission to its wishes: With these sentiments in my bosom, I need not dwell on the anxiety I feel, in being obliged, in this instance, to decline a favour, which is rendered no less flattering by the manner in which it is conveyed, than it is affectionate in itself. In explaining this obligation, I pass over a comparison of my endeavours in the public service with the many honoura ble testimonies of approbation which have already so far over-rated and over-paid them; reciting one consideration only, which supersedes the necessity of recurring to every other. When I was first called to the station with which I was honoured during the late conflict for our liberties-to the diffidence which I had so many reasons to feel in accepting it, I thought it my duty to join to a firm resolution to shut my hand against every pecuniary recompence; to this resolution I have invariably adhered-from this resolution (if I had the inclination) I do not consider myself at liberty to de

Shares to be

part. Whilst I repeat, therefore, my fervent acknow ledgments to the legislature for their very kind sentiments and intentions in my favour, and at the same time beg them to be persuaded, that a remembrance of this singular proof of their goodness towards me, will never cease to cherish returns of the warmest affection and gratitude, I must pray, that their act, so far as it has for its object my personal emolument, may not have its effect: But if it should please the general assembly to permit me to turn the destination of the fund vested in me, from my private emoluments, to objects of a public nature, it will be my study in selecting these, to prove the sincerity of my gratitude for the honour conferred on me, by preferring such as may appear most subservient to the enlightened and patriotic views of the legislature.". And whereas the desire of the general assembly to mark by the provision above mentioned, their sense of the illustrious merits of the said George Washington, esq. at the same time that it is strengthened by this fresh and endearing proof of histitle to the gratitude of his country, is superseded by their respect for his disinterested wishes and patriotic

views:

1. Be it enacted, That the said recited act, so far as it vests in George Washington, esq. and his heirs, the shares therein directed to be subscribed in his name, shall be, and the same is hereby repealed.

III. And be it further enacted, That the said shares appropriated with the tolls and profits hereafter accruing therefrom, to such ob. shall stand appropriated to such objects of a public jects of a pub nature, in such manner, and under such distributious, lic nature, as Gen Wash as the said George Washington, esq. by deed during ington, by his life, or by his last will and testament, shall direct and deed or will, appoint. may direct.

CHAP. XII.

An act to suspend the operation of the act, intituled An act for the establishment of the courts of assize.

Act establishass ze, susing court of

BE it enacted by the General Assembly, That the operation of the act, intituled "An act for the estabblishment of courts of assize," be, and the same is pended. hereby suspended until the first day of January, one thousand seven hundred and eighty-seven; and that in the mean time the general court shall proceed in all things, in the same manner as if the said act had never passed.

CHAP. XIII.

An act empowering the governor, with the advice of the privy council, to grant conditional pardons in cer

tain cases.

I. BE it enacted by the general assembly, That it Governor and shall be lawful for the governor, and he is hereby em- council may powered, with the advice of the council of state, to par- to criminals grant pa don don or reprieve any person or persons adjudged or sentenced to sentenced to suffer death for a felonious offence, upon death, on such conditions of bodily labor to be performed by each condition of person so pardoned or reprieved, as to the governor, labour. performing with the advice of council, shall seem proper. Provided always, That no conditional pardon shall be granted by the governor, for murder or treason.

II. And be it further enacted, That if any person In case of es pardoned or reprieved by the executive, on condition cape, the par. of hard labour to be performed by such person, shall ty to be denmake his or her escape during the term of his or her tified and excondemnation to such labour, it shall and may be lawfal for the governor, by proclamation, to declare such

ecuted.

Limitation of act.

person to be out-lawed, and it shall thereafter be law-
ful for any person to kill or in any manner to destroy
such out-law, without being liable to any pain or pen-
alty for so doing; or to apprehend and return him or
her to the public jail of this commonwealth, where he
shall be safely kept until the next succeeding general
court, when the attorney general shall cause the iden-
tity of such out-law to be ascertained by the verdict of
a jury, which being found, the court shall direct their
former sentence passed upon such person to be carried
into execution, at any time within ten days after such
sentence shall be revived.

III. This act shall continue and be in force, from
the passing thereof, until the last day of December,
one thousand seven hundred and eighty-six, and no
longer.

Preamble.

CHAP. XIV.

An act for better securing the revenue
arising from customs.

I. WHEREAS many frauds have been practised
and committed by the owners or commanders of ves-
sels trading to this commonwealth, by their failing to
enter the same according to law, whereby great loss
has resulted to the public on the duties payable on
goods, wares, and merchandize: For remedy whereof
in future,.

II. Be it enacted, That if the owner or commandVessels and ing officer of any vessel trading to this state, shall fail goods not entered and du- to enter the same, together with her cargo, in the manties paid or se ner prescribed by law, and pay or secure to be paid cured, liable the duties arising thereon, such vessel, together with her rigging, tackle, apparel, and furniture, and such part of the cargo as shall not have been duly entered, shall be liable to be seized by any person or persons who shall detect such vessel; to be prosecuted and condemued before the court of admiralty, one half to the

to seizure and condem nation.

use of the informer, and the other half to the use of the commonwealth.

Lower disiver, and dis trict of Ehza

trict of James

III. And be it further enacted, That the lower district of James river shall from and after the passing of this act, extend from Back river point up James river, including the several creeks and inlets thereof; and beth river asthat the district of Elizabeth river shall commence at certained. Cape Henry, and extend upwards on the south side of James river, including the several creeks and inlets thereof.

State boats

IV. And be it further enacted, That the governor, with advice of council, shall commission the Liberty and necessary Patriot, to be officers for the state boats Liberty and Patriot, and di- put in comrect the number of men for each, together with so ma- mission, ny searchers as they shall think necessary, and make a reasonable allowance to them for their services. V. And be it further enacted, That the naval-office Naval office commonly called the upper district of James river, of upper disshall be, and the same is hereby discontinued.

trict of James
river abolish-

ed.

Linellants

ble to costs..

VI. And be it further enacted. That if any vessel and cargo shall be libelled by any person or persons for not entering the same agreeable to law, and upon trial, such libel shall be dismissed with costs, such costs when not liashall not be taxed against nor recovered of the libellant or libellants, nor shall they be liable for any damnages in consequence of such seizure; provided the court shall be of opinion that there was probable cause for making the same:

CHAP. XV.

An act giving powers to the gover. nor and council in certain cases.

Governor &
council may
apprehend &
secure suspi

cious persons
subjects of

BE it enacted by the General Assembly, That it shall and may be lawful for the governor, with the advice of the council of state, to apprehend and secure, or powers,atwar cause to be apprehended and secured, or compelled to with the Uni depart this commonwealth, all suspicions persons, be- compel them ing the subjects of any foreign power or state, who shall to depart

ted States or

1