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to John Whitlock;

to Thomas Sewell;

and to John Henderson.

Bond and se

curity to be

given by them

SECT. 6. The auditor of public accounts shall also issue to John Whitlock a duplicate of a military certificate for the sum of thirty-five pounds, in lieu of the original which he lost in the year one thousand seven hundred and eighty-seven.

SECT. 7. The auditor shall also issue to Thomas Sewell a duplicate of a certificate for two pounds nineteen shillings specie for funded paper money, in lieu of the original which was consumed with his house in the year one thousand seven bundred and eighty-six, and also warrants for the interest due thereon.

SECT. 8. The said auditor shall also issue to John Henderson of the county of Ohio, duplicates of the warrants heretofore issued to him for services rendered by scouts and rangers in the Western country, the originals being lost, and were in the following names and sums, to wit; one in the name of William M'Cullock, for the sum of twenty-four pounds; one in the name of sergeant James Williams, for twelve pounds; one in the name of Joseph Huff, for eight pounds five shillings; one in the name of William Sherrard, for four pounds nineteen shillings; one in the name of Edmund Baxter, for eight pounds five shillings; one in the name of William Layton for eight pounds five shillings, one other to the same person for four pounds nineteen shillings; one in the name of Joseph Eddington, for twenty-one pounds; one in the name of Duncan Mackenzie for eight pounds five shillings; one in the name of Michael Baker, for seven pounds; one in the name of Charles Williams, for eight pounds five shillings; one in the name of Samuel Ogden, for four pounds nineteen shillings; one in the name of Jacob Holmes, for four pounds nineteen shillings; one in the name of Charles Sparks, for eight pounds five shillings; one in the name of John Spencer, for ten pounds; one in the name of William Johnson, for eight pounds five shillings; one other in the same name for four pounds nineteen shillings; one in the name of Michael Woodson, for seventeen shillings; one in the name of Daniel Pierce, for four pounds nineteen shillings; one in the name of Edward Walling, for eight pounds five shillings; and one in the name of James Pursley, for eight pounds five shillings; amounting in the whole to the sum of one hundred and seventy-eight pounds sixteen shillings.

SECT. 9. Provided always, and be it further enacted, That the said Benjamin Temple, Sylvester Ward, Wil

wealth and the

liam Green, John Whitlock, Thomas Sewell and John to indemnify Henderson, shall previous to the obtaining the said dupli- the Commoncates, respectively enter into bond with sufficient security, United States. to be approved of by the executive, to indemnify the Commonwealth and the United States.

CHAP. LXXXIV.

An act to repeal in part an act, intitled “An act directing duplicates of certificates and warrants to be issued to certain persons.'

(Passed the 29th of December, 1790.)

ود

SECT. 1. BE it enacted, That so much of an act, in- Part of the titled "An act directing duplicates of certificates and act directing duplicates of warrants to be issued to certain persons," as authorises certificates to the auditor to issue duplicates of warrants to John Hen- be issued to derson, shall be and the same is hereby repealed. SECT. 2. This law shall be in force from the passage Commence

thereof.

certain persons repealed.

ment of the act.

CHAP. LXXXV.

An act directing payment of a sum of money to Richard Evers Lee, out of the proceeds of certain confiscated property.

(Passed the 23d of December, 1790.)

SECT. 1. WHEREAS it has been represented to the Preamble. present General Assembly, that Andrew Sprowle, formerly of the county of Norfolk, merchant, left this Commonwealth, indebted by bond to Samuel Allyne, of the same county, deceased, in the sum of four hundred and fifty-eight pounds three shillings and three-pence, which bond became due and payable on the first day of January, one thousand seven hundred and seventy-six; And where

A sum of mo

as the estate of the said Andrew Sprowle by reason of his disaffection to the American cause, and actual joining the British forces, was sold under the laws of escheat, and the money arising from the sale thereof, deposited in the public treasury; And whereas letters of administration on the estate of the said Samuel Allyne deceased, were by the court of the county aforesaid, granted to Richard Evers Lee.

SECT. 2. Be it enacted by the General Assembly, That ney to be paid the said Richard Evers Lee shall be entitled to receive to the administrator of Sa- from out of the proceeds of the said Andrew Sprowle's muel Allyne estate, deposited as aforesaid in the public treasury, the out of the pro- said balance of four hundred and fifty-eight pounds three

ceeds of

Sprowle's estate ; Warrants

shillings and three-pence specie, together with the interest accruing thereon, after the rate of five per centum per annum, from the time the same became payable as therefor pay- aforesaid, until payment. And be it further enacted, That the auditor of public accounts shall be, and he is hereby empowered and directed to issue to the said Richard Evers Lee administrator as aforesaid, a warrant or warrants on the treasury for the same, payable out of the aggregate fund.

able out of the aggregate fund.

Preamble.

CHAP. LXXXVI.

An act concerning Peter Francisco.

(Passed the 20th of December, 1790.)

SECT. 1. WHEREAS it has been represented to the present General Assembly, that Peter Francisco of the county of Charlotte, entered into the Virginia line as a soldier at a very early period of the late war with Great Britain, received several wounds in the course thereof, and distinguished himself by numerous acts of bravery and intrepidity; And whereas the said Peter Francisco afterwards joined the cavalry to the southward, under the command of colonel William Washington, having first purchased at his own cost a very valuable horse, which being worn down by hardship died in the service;

for his services

SECT. 2. Be it enacted by the General Assembly, That Peter Franas well to compensate the said Peter Francisco for the ciso allowed a loss of the said horse, as to reward him for his valour, the sum of money auditor shall and he is hereby required to issue him a and for a horse warrant on the treasury for the sum of seventy-five pounds, lost in the payable out of the contingent fund.

army.

CHAP. LXXXVII.

An act to vest certain lands whereof Henry Garnett is seized in trustees to be sold and the money laid out in the purchase of other lands.

(Passed the 1st of December, 1790.)

SECT. 1. WHEREAS James Garnett gentleman for- Preamble. merly of the county of Essex deceased, was in his life time and at the time of his death seized in fee simple of a considerable real estate, and being so seized, did by his last will and testament in writing, bearing date the eighteenth day of April one thousand seven hundred and sixty-five, devise a part thereof in these words, to wit, "I give and devise to my grandson Henry Garnett the "land I purchased of Edward Rowsie junior on Occo

patia creek; Those tracts I purchased of the Repleys; "All the lands I purchased of Francis Covington; a tract "purchased of Berryman Brown, and a moiety of the tract "called Gladdy-fork mentioned before; together with a "moiety of the twelve hundred acres of land purchased "of Francis Gouldman aforesaid, and also one thousand "acres of land purchased of Francis Gouldman and situ"ate in Caroline county whereon James Goodrich is now "overseer, during his my said grandson Henry's natural 66 life; Remainder to my son Muscoe and his heirs in "trust and for the use of the first and every other son of 66 my grandson Henry who shall survive him in tail male "equally to be divided; remainder in trust for the use of " every son of my grandsons Francis and Augustine who "shall survive them in tail male equally to be divided. "Remainder to my son Muscoe and his heirs for ever," as by the said will recorded in the court of the said county

Trustees ap

whereof Hen

of Essex, may appear; and soon after making the said will the said testator died, and the said Henry Garnett his grandson entered into the said lands and became thereof seized and possessed: And it being represented that it would be greatly to the benefit of the said Henry Garnett and those claiming under him, if he was authorized to make sale of the said lands or a part thereof, and lay out the money arising from such sale in the purchase of other lands more desirably situated, to be of equal or greater value with those so intended to be sold and to be moreover subject to the same restrictions, remainders and limitations as the lands so devised to him by the said will are subject to; for which purpose application hath been made to this Assembly by the said Henry Garnett:

SECT. 2. Be it therefore enacted by the General Aspointed to sell sembly, That Hancock Lee, James Upshaw junior, Ancertain lands drew Monroe and George William Smith gentlemen or ry Garnett is any three of them are hereby authorized and empowered seized; whenever they shall be thereto required by the said Henry Garnett to make sale of the whole or such parts of the said lands devised as aforesaid as by the said Henry shall be deemed most fit, expedient and for the benefit of himself and those claiming in remainder, and to convey the same to the purchaser or purchasers in fee simple.

The purchase money to be

vested in oth

er lands subject to the same limita

tions.

SECT. 3. The money arising from the said sales shall be vested in the said Hancock Lee, James Upshaw, junior, Andrew Monroe and George William Smith gentlemen trustees, to be by them laid out in the purchase of other lands, to be in the opinion of the said trustees or a majority of them of equal value at the least with those lands which shall be sold by them in virtue of this act. And the said lands so purchased shall be conveyed to the said Hancock Lee, James Upshaw, junior, Andrew Monroe and George William Smith gentlemen in trust for the use of the said Henry Garnett, and to descend and pass in the same manner and be subject to the like restrictions, remainders and limitations, as the lands devised to the said Henry, are, by the last will and testament aforesaid, directed to pass, descend and be subject to.

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