LAW REPORT—cont in e id.

JUDGE FLEMINC'S OPINION.

The counfcl for the appellant in this caufe liar

nude Its points for the confidersiinii of the court; but the appellee's cuuulcl having in their briel reduc- ed them to three, I have, to fiusplify the cafe, coi.hd- ered it under thofo three heads, us ft-ud by Mr. Hay.

lit. That the rent referved on the Wiiichcfter lots

(including thole in controverfy) was a quit-rent. 2d. That Ld. Fairfax could not devil*, and that

Denny Martin coaid net convey, the right of enttv for a forfeiture, incurred by non-payment of a rent. And

Ud. That Denny Martin, being an alien, could not take by defeent or pun baft.

With refpeft to the firft point, it {is contended

that the rent of five (hilling* (lerliug, referved ou the lots in queftion, was a quits :nt, and being aho- liCied by the aft of 178.7, the tenant incurred no for- I'eiture-by the non-payment ofit; and rely on a llate- jnent in the agreed cafe, “ that the faid rent of five “

(hilling* was iome times called a ground-tent, and “ fometimes a y.n'f-rc,»t, by the colleftoi* for Ld. J Fairfax ; aad generally a by the inhabit- “ ants of the faid town of Wincheller.” But there

appear* to me a clear ditlinftiou between the rent ol I f referved on the Winchefier lots, and die one (hil- ling for every fifty acres of \vaQ* and unappropriated lands, granted by the crown, under the regal go- vernments and by Ld. Fairfax, as proprietor of the Northern Neck, and generally denominated, and dif- ticguilhtd from other rents by the appellation of quit- rent ; the former being 500 fold greater than the I dler ; and if unpaid only thirty days after becom-

ing due, and nodillrefs whereof the faid rent might be levied to be found on the premifes, the fame to be forfeited ; whereas in the latter cafe (of a real

quit-rent, as generally uuderflood by the community at large to be fuch) the rent mull have been three

years in an-car, on grants under the cruwo, and two

years on tiic fe made by Ld. Fairfax, and a legal de- mand of ;t made, before a forfeiture could have been incurred : audit f«cius clear to me that the legiflu- ture, when by an aft in 1785, they abolished the <juh- • cuts i i the Northern Ntck, had no other fpecies of lent, than the latter, iti contemplation; a* it is cou- ple J, in the fame claufe, with the ufual compofition of 1 :t/‘l per hundred acres, that, previoufly, had been I paid o» well by the grantees under the regrd govern- ment, on all grants from the crown, as by thole in the Northern Neck, to Ld. Fuirf.x, as proprietor thereof: Ike faid aft of 1785, refervir.g the laid compofition of J d/I on all grants thereafter to be if- futd on entries made previous to the palling the aft ; to be paid to the regifler of the bud ollice. and by him accounted for, and paid iutolhr public treafury. They never could have contemplated the gr/nnul-

unis referved on private comrufts between Ld. Fair- fax and the purchafer* of lots in the town ol Winches- ter, w hich was ellabfifbed as a town, by afpecialaft of afl'enihiy lor that purpofe, recognising the fales of the lots by Ld. Fairfax, oti the terms particularly Hated by him, to the legifla ure ; which I co.iiijer as dearly dillinga.ihing them fiom his general grants of walle and unappropriated lands.

** iXii annual propriety J conceive, mijrht it be WgeJ, that the grounJ-emts r. freed for ever, on the Ikies of many of the lots hi the city of Richmond, are gjit-rents ; and were abolifhed by the ails of 1777 and 1 7 78 which declare, that all Linds v/ithin the com- mon wealth, lhall thence forward be exempted and ♦lifeharged from the payment of all quit-texts, except only the lands in the Northern Neck.—It Teems to me, therefore, that the rent referved on the lots in queilion, was not a quit-rent, but, properly, a rent-

tL.irge ; aud generally called, in this country! a zraund- rent, and wjj neither comprehended in, nor aff'edl-jd by the ail of 1735, nor by any other ait, for the abolition of quit- rents.

I (hall next c >tiGJ:*r Mr. Hay’s 3d poiuc, “ That' “ Denny Martin being an alien, could not take by defcentor purdiafe,” becaufe, if he be cotreil in that pofkiou there is au rndof the caufc, as the devife of the ellati- to him Ly Ld. Fairfax, mull, of confequer.ee be void.

In recurring to the Euglifh books on the fubjedl, we find it laid down in Powell on devifes, 81G (ami King1-.: DnpkOu, £d Vefey 3G0 cited) that it is nooSjeSion to a devifee, as fuch, that he is an ilien ; lot where it was urged on a devife, that fupportngit j well executed, yet, it would be void, for chat the devifee was an alien, and consequently incapable of taking for it**r o i b»: r5t ; and then [he could not take by devife; l.ord Hardwicks laid, that he would not enter into that quell ion minutely, nor give an o-

pinlon upo:, it; but he did not remember any doubt, or dillLivi ton made between a grant, conveyance, or devife to an alien ; for an alim might fake. The only confideratioii therefore would he, for w hofe be- nefit ; and if ho might take for the bouefic of the crown ?

There was no rule of law, or upon the flatute of wills, in the way.—Powell then goes on to oblerve, I that this opinion of l.ord Hardvvicke, that an alien

nray take by devife, leenis ilrongly countenanced by the opinion of the court, in the Cafe of Godfrey & Dix- on, that, on a covenant to (land fuzed, a ufe will arife to an alien ; for if fo, then, if before the flatute of wills, a man hail conveyed lands to the ufes of his will, and than devifed the lame to an alien, fuch de- el irr.tion *>f the ufe would have been good, becaufe a ufe would have aritrn to him,as well upon a conveyance to ufes, au upon a covenant the principle beingthe fame in both cales If fo, a devife, after the ftatucesof wills, to any perfoti who was capable of taking before, by a will dif- poGng of an ufe, will be valid; for thole ftatutes made no alteration as to the capacity of the peHints to take by devife. Then, the qtiellion is to whofe ufe, and for whofe benefit he fnall take ? and in that ref-

ptil there appears to be no grouud for diflinguiihing bttwm t!ie cafe of a devife, or of any other con- veyance ; for when a:i alien takes by will, the eflate, on the wills being co-tfumrnate, veils in him, and he it in, tn all intents aad pjrfmfet, as any other devifee v/ould lnve been, until fo.neihiug farther be done to

tile etlate devifed out of him again ; for, as long as the alien liv*s, the inheritance is not vt-fted in tbe

king, nor fnall h* have the land, until cjfiee found ; and therefore’, before office found, a recovery by an alien-'enaut-in-tail wifl bar the remainders, he being tenant of the land: but if he die before office, the law carts the freehold and inheritance "non the king, for want of heir*, an ihen having none. Fo that the title of the crown is collateral to the titleof thedevifee, has no retrofpc‘l to the time of its being confunitnate; liar iloes it affeil the laud in the devifee, until another thing is done to entitle the king, not under the de-

vife, but by his prerogative, to wit, office found, the tenant being all alien ; and, confequeiitly, though of cxpasity to take lands iu his own right, yet not of capacity to hold them.

Thus Teems to (land the Jaw of England, refpcdl- ing the capechy of an alien, to take and iiohl an eflate iii lands and tenements, by pnrch ift.

By the Ifi'Hh f.dinn of our court it ution, it is declar- ed. that all rfeheats, penalties, and forfeiture*, for- merly going to the king, Anil go to the common- wealth,/apeonly fuch as the legifl.itnrc may abolifh, or other wife provide for. The commonwealth, then, (land* on the fame ground here, with refpeifl to this fubjedl, in general, that the Ling doth in England. How far the circurnrtanrcs of .Denny Fairfax’s ha-

ving been born prior o the declaration ol Ameri- can Independence, under the fame allegiance with ut; ard no oifice I.j7ing been found for the common-

wealth, r« t peeing the lands devifed to him by f.d. t drfji—r.ided by the treaty of peace, and the rtib-

fequent ails of a'T mbly, declaring that no ir.ore coo- (jJcations Aio’ild be made and repealing the arf of ef- rbeats and forfeiture*, might operate io favour of

fleetiy Fairfax's holding the lands deviled to him by fa.l. Fairfax, to bis own ufe and bet etit, feuns to

me timiccsfTary at pvefent, tr. he con'ideted ar.d invef-

tigxted ; but it api’tars to me tbit the Oth article of th> treaty with Great-Hrita n of 1794, embraces, and

pyovidesfortl’.iscafe j ‘n which it wasigrefd** that “ }>itiCbf'jb)eMs Who then he'd lauds r tbe tetri*, x- * tm of tire Uw**d awn, fti.uiid contone to hold

* th.-iM, actor .ling to ths nature and tenure of their “ refpedivei:Hate-and titles therein; and might grant, ** Id), or dtvtfe, the (ante to whom they pirate, iu “ like mauuer a* if they weir natives; and that nei- “ ther thry, nor their heirs or affigns, ihouid, fo far “ as might ref pert the faid lauds, and the legal re* ** medics incident thereto, be regarded as alieus

.It is llated in the cafe agreed in this taufe, *’ that all the lauds in the Northern Neck became lawful-

“ ly veiled in Lord Fairfax, and his heirs, prior to tin “

year 1736, and remained veiled in him, and in his ** pofftilion, until the time of his death ; at which “ time, and long before, lie was a citizen of this com* “ momvralth, capable of holding lands within the “ fame, and of tranfumting them by devife, or o* “ therwife.—That, being lawfully feized and poffeffud “ of the lauds in the Northern Neck, deviled all his “ interell in, and iffuing nut of the lands (including “ the lots in the town ol VsTIncheftrr) to Denny Mar- “ tin, and to his heirs for ever ; upon condition that “ h* Ihould take the name, and ulfum* the arnu of, ** Fairfax; with which condition the laid Denny Mar- “ tin hath complied ; and by the name of Denny “ Martin Fairfax, has become lawfully feized and “ poffeifed of the ellate fo devifed.”

“ That no iuquell of office has ever been holden “ on the lands in the declaration mentioned, or on the “ iuierefl referved by the laid Thotnas 1). Fairfax, “ or to iffue out of the lands in the town of Wiuchel- “ ter afore fa id.” What is to exclude this cafe from the operation of

the above ranted article in the treaty of 179-1, I

ant at a lofs to difeover ; but, ihould there be any circuraHauce in the way, that has efcaped my obfev- v at ion, it appears to me that the art of affcmbly pnff- ed the 10th December, 1796, commonly cailed the art of compromile, puts the title of Denny Fairfax, and of thofe who claim under him, beyond all man- ner of doubt. 1 now proceed to co*.fider the other point, to wit, whether Ld. Fairfax could devife, and Denny Fairfax could convey, the right of entry, for a forfeiture incurred by the non-payment of rent ? Bv the flatutes of wills, of tiie 32d and 3-lth of

Henry the Sth all perfons being feized in fee funple (except feme coverts and thole under other legal difabilities) might devife to any other perfon (other than to bodies corporate) the whole of their lands, tenements, and hereditaments, in which are compre- hended I conceive rents, and a'l loch immovable tilings, whether corporeal or incorporeal annexed to, or iffuing out of, lauds and tenements, which if not devifed, would defeend to the heir of fuch perfon. And by the late decifions in England, upon the Ha- tutes of wills, contingent interells iu lands, refting on a mere puffibility, will pafs by a will made pre- vious to their veiling, Selwin vs Selwin, lftBla. rep. 222—and Moore and wife vs Hawkins iu the chan- cery before Ld. No«hington, in the year 176;; and cited by Lord Loughborough in Perry vs Jones,— Henry Blackft. reports S3 and 31.—in trinity term 1783.

1 lie cafe was this, Jas. CrutL devifed all his real ! elhites, in truji for his fon James and his heirs, and ' '( he Ihould die without iffue, under age, then, that all his cRates Ihould go to Coetran, his heirs and af- Ggm.

Cscirsn deviled all his eftates whereof he w'as feix- e«l, in poffeffion, remainder, or reverlion, to the plain- till and died in the lifetime of Jas. GrM, the fon ; who afterwards died under twenty-one and without ifliie. On a bill brought by the devifee of Cciiran, a quef-

tion was made whether the foffililitj given Cochran was devifable ?

The Ld. Chancellor faid, “ 1 have never had any “ doubt, fince 1 was tweuty-five years old, but that “ thel'e contingent interefts were devifable, tiotwith- u handing fume old authorities to the contrary. I “ lent the qu: flion, however into the kings bench, ** the cafe of Selirist vs Selu’in, for the fatisfuctioi, ** of the parties, and the certificate of the judges in “ in that cafe implies, I think that they agreed with “ me in opinion.” Upon which folicitor General Dc Guy, and Sijstr.tr, craved all further argument on the other fide ; and Lord Nnrthington added, ** thin argument is properly withdrawn, as the point “ is fettled, and ought not to be fhuken. It isa right, *‘ and liberal determination." And on thole authorities judgment was given for

Perry the ltflor of the plaintiff! Thole ilatutes of Henry the 8th were in force here,

at the death of Ld. Fairfax ; and our aifts of 1785 at;d 171>id oil the fubjed are fliil more minute and ex- plicit with refped tofubjeds that may be devifed by will; liut as they do not apply to the cafe now under coMlidt ration, having been puffed fince Ld. Fairfax’s death, 1 fhull take no further notice of them.

lu the grant of the lots in queflion to James Le- mon, under whom die appellee claims, there is a re- lervanon ni of fterling yearly rent, with a provifo or cond.tiuu “ that if the laiJ annual rent fhould be bc- “ hind or unpaid, by the fpace of :’.0 days next alter “ the fame become due and payable, in any year, and “ ,10 luiiicient diftrefs upon the premifes can be found, “ whereof the fame may be levied, then, and in that “ cafe, the faid lots to become forfeit, and veiled in “ the grantor and Ins heirs.”

There can be no doubt, I conceive, had Lord Fairfax died intcOate, but his heir might legally have entered on the premifes, for a forfeiture incurred by the non-payment of tile rent, provided no diflrefi. whereof it might have been levied, could have beeu found thereon. If fo, it appears clearly to me, chat the right of entry which in cafe of intellacy, could have tiefceiided to the heir, palfed ro the devifee by the devife of the tsllatnr, of nil Lit inlet cf in, and if I fuit.g out cf the 1-nJt in the Northern A\\i, including the lots it! the town of Wincheller (a* exprel'sly dated in cafe agreed) in cafe the rent ihouid be behind and unpaid a* abovenientioned.

ft is dated in the cafe agreed, that the faid Dem.y Martin by the name of Denny M. Fairfax and t>y vir- tue of the laid lall will and teihiruent of the faid Thos. L. Fairfax, has become lawfully leized and paddled of the efface fo deviled, and that die iutereil of the laid Denny M. Fairfax in all the lotsand rents in the laid town of Wincheller has been fold and conveyed to James M.Marfhall, the leflbrof the p'aintiff with a reference to die deed by which the eltate was con-

veyed, bearing date the 8£>th day of Angmt 1797, in which the faid D. M. Fairfax conveys to the faiil

Jus. M. Marlhall, and his heirs, “ all and every thole divers trads, pieces, and parcels, of land, being part, and parcel of the proprietory of the Northern Neck of Virginia, and all, and every of the now remaining real eltate, and b< official right, and intered, of him the faid Denny M. Fairfax, of whatfoever nature the lame may be, of, in, to, or t» arife out of, or from the fame,” excepting the manor of .Leeds, and a

fmall trad called Berry’s Ferry. It rppearsto me then, that Denny Martin Fairfax,

having the right of entry for a forfeiture veiled i.i him under the will of I d. Fairfax, the fame right was translerred to the appellant by the deed tuft above recited. But Mr. Hay in his argument cited Lit- tleton, fed. 847, to prove that a grantee of the r«-

verfioti in fee, of land on which rent was referred on aleafe, a If ho* he might deftrain for the rent, could not ro-emvr for a condition broken. Such was the common law when Littleton wrote, bat the (future of the ;)2d of Henry the Hh ch. 34 (which is coeval with the (irft ftatutvof wills, they both having puff- ed the fame feCion of parliament) gave to ail perfnrs

I being grantees or afiigtiecs of any reverfion, fltc. the like aJvantage of re-entry r.gainft the h fives, &c. as the faid Irftors or gran/tri themfelves ought, or

might have had : and in our ad of affcmbly for re- ducing into one the feveral ads for the better ft-

uiring the payment of rents, there is a clanltr, copied slmott m'rta/iio from the fiattite of H. the Bth giv-

1

iug to all perfotn, bring grantees, or afiigaees, of any f inds, tenements, hereditaments let to leaf* ; or of the rev.-rfioti* thereof, from any per Ion or perfone, and the heir*, exor’s, admor's, and affigns of fuch gran- tiea or afligtlcrs, the like advantage* agairft the lef- ft-ea, <h*ir exor’a Set. by entry for the non-payment of the rent, or for wade, or other forfutures; as

ti e fa id leffors themfelve*, or rhetr heirs or., hi, fhnuld, or might hav had, or enjoy, at any timt rr tim e.

Although tba conveyance of the lots in fjordi-m to J •*. Lemon, was not aleafe f<vr lifer, with a rvfer- v moo of rent, but a conveyance infee, upon d-defaakle, and forfeited by the non-p uymfiit ot t*ie

rent referve J, it makes, I conceive, noMiffthruce, the . principle being the tame, in both cates. From this view uf the cate, then it appears to me,

lft, that the rent referved ou^elotsin the towu of WincheQer, was not a quit-rent; but properly, a rent

charge, commonly called in this count i y, a ground ~emt; and therefore, not affedted by any act of affeiuHy for aboliflung quit-rerti: i'dly, that Denny Martin (now Denny Martin Fairfax,) although iiu.'m, had,capacity to take, by purchafe, an eftate in lands and tenements; as well by devife,as by grant, or any other convey- ance; and that, by the operation of the treaty of 1794, and more efpecially by the a<& of comproinite in 1790,he acquired a right to hold the eilute devtfed to him and his heirs, by the late Lord Fairfax, to ids o wn *fe and benefit : and, Sdiy, that Ia>rd Fairfax couid le- gally devife,ard Denny Martin Fairfax might legally convey and did convey, the right of entry, for a for- feiture, incurred by the non payment of rent ; and am therefore of opinion, tlut the law is f. r the appeilt. and confequently, that the judgment of the dutried court is erroneous, auJ ought to be reverfed on.

J*d£t Carrington's opinion in tar next piper. --~s--I

VIEWS OF TRIPOLI

IVUlJhortly be Publybed’» elegantly Engraved & Coloured, by Suhicriptiou, on the folltxving term* :

1st: Each Plate fliall bo V’O inches by 11, on an ex-

cellent copper-plate paper—for which the ii.b- feriber fnali pay two dollars, one of which will be received in advance, for the purpofe of ena- bling the proprietor to carry into effect an un- dertaking fo interfiling at this moment to tlte Citizens of the United Slates,

tfnd : 1 he Plates lhall be deiiveied to fubftribers in this city without dcl*y,un their cmiflioti from the prefs, by the hand gt the perfon who look the Views on the fpot.— 1 here will be aA advance to noa-fubferibers of hull a dollar on each plate

Tut firfl drawing is a perfpe&ive view of the lot’s of the late United States frigate Philadelphia: in which is repreiented her relative politico to the Tri- politan gun-boats, when, during their furious attacks upon her, (he was unable to get a Engle gun to bear upon them. Tut fecund drawing is a view of Commodore Pre-

ble's Squadron, wh.Ift engaging tlte gun-boats and lort* of Tripoli, ot: the 3d of Augull, 1G04 : when they captured three of the Tripolitan boats, and great- ly damaged the Bulhawk fortifications —Each of Ithofe draw tags is embelliihed by a diftaut view of tiie Har- bour, with its Rocks, and the To.vn of Tripoli, wuh its Ports.

IT IS exposed that the public will not hefitatc in complying with the latter part of the firil aiticie, when they are put in nund of the fituatiou tlie artiil flood in when he took the views, and the Htuation he now Hands in, afier a captivity originating m the defence of hi* country, againil a barbarous race of beings, who are tlie etei nal enemies of every free and enlight- ened nation. Under the Yoke, he has long and fe- vereiy feir the flripes of thole debated marauders, while hope, the only coulolation to tlie wretched, a- lune enabled him and his unfortunate companions, to furvive the fatal cataftrophe, reprefented in the firil of thei'e engravings. His relative lkuati.ui at prefent, may be naturally anticipated, fiuce his delivery front flu vary has been fo recent.—He pledges his word that the Views are correct, as is know n by the Officers* of the frigate Philadelphia who art now in Richmond, uid by all tlicie who returned from Tripoli in the’ fiiip Prefident. Copies of tiiefe Views are at the Of- tioe of the Enquirer, for public infpeCtion, and wili oceafionally be fhev. n by die perfon who Hull produce die fuhfcripf ion- paper. The pubiifher hopes no more than luck patronage as his Vie ws merit; he a’.l'o hopes that hi*, expe&atious will not be altogether difappoint-

[ cd in his prefent u.-derraking, as fome of thefe Were taken at die ulk of his lift, or of having dragged out a mi It rable exigence in perpetual flavery.

°

Iiis Geometrical Plan of tlie City, Harbour, Torts and Racks of Tripoli, is a moll intemting produ&i-

| G:l» 'n whieh is tliewn the bearings and dihancesof the Rocks, which form the Entrance of the Harbour, and which may prove as flickers to attaching bomb- vends, are laid dutvn, from every particular fort or magazine in the place.—This Plan, if he receives a reafunable encouragement in the prefent inftanct, hr purpofes pubkfhing—it may be feen Ihortly at the Of- fice of the Enquirer.

• Wc do Certify, That Mr. Charles Denoon was a pritoner in Tripoli, having been captured on hoard the Philadelphia frigate-That his condudt previous to that event, and during his captivity, was fuch as to meet the approbation of his officers.—The Views of Tripoli, lie intends to publifh'. are taken by liim- Itif on the fpot, and from the fpecimeus we have fecn, we believe them to be corredl.

BENJAMIN F. READ, JAMES GIBBONS.

RUoVtotuf, Ko'jcmktr 1,7, ] 805,

Subfcnptions received at tlie Enquirer Office, at the Stationary Store of Mr. John Ptiinfrcy, and at the Book Stores of Jacob Jolmlon and W.n. Prichard.

Nov. 5. tf

DISTRICT OF HkCIXIA, to wit :

BE it remembered,that on the fevcnth day of No-

vember, in the thirtieth year of the Indepen- dence of the United States of America, Charles De- noon, of the fu: .! dillrirt, hath depnfited in this office, the title of a Map, the right w hereof he claims as

author in the words following, to wit: “ A per- “ fpertive view of the Inf* of the United States Fri- 14 gate Philadelphia : in which is reprefcuud, her re-

“ iatsve polition to the I i.poiitati gun-boats, when, “ during their furious attacks upon her, fhe was uua- “ bio to get a Angle gun to bear upon them.” In con- formity to the art of the Congrefs of the llniicd Stares, intituled “ An art for the encouragement of learning by fecuring the copies of Maps, Charts, and books to the authors and proprietors of furti copies during the times therein mentioned.” rL s s WILLIAM MARSHALL.

Ci'erl of ibt Ihjinil of I'iigiuia. Novemlicr S.

DISTRICT OF IT RGIXIA, to wit :

Bli it remembered, that on the feventh day of No- vember, in the thirtieth year of the Indepen- dence of the United States of America, Charles De- noon, of the fai I diftrirt, hath dcpoAted in this office, the title of a Map, th<; right whereof he claims as au- thor in the words following, to.wit : “ A view of “ Commodore Preble’s Squad, on, w hi'.ft engaging the “ gun-boats aiti forts of Tripoli, oa the .Id of Auguft, ”1301: when they captured three of the Tripolitan 14 boats, and great'.y damaged the Bafhaw’s fortifica- *• tions." In conformity to the art of the Congrefs of I the United States, intituled “ An art for the encou-

ragement of learning, by fecuring the copies of Maps, Charts, and bie ks to the author* and proprietor* of fucli copies during the times therein mentioned." ,, s» WILLIAM MARSHALL,

liltrk of tbt L)tjh id of Fiiginia. November S.

FIFE DOLLARS REWARD.

STRAYED nr ftolen from my paflnre two or three

week! part,a valuable PLOUGH HORSE. He is of a bay color, fturdy r.nd well fet, has a large bo- dy, and one of his eyes (. believe hi* right) h i*been injured by a blow which divided his upper eye lid, and ha* almoft if not entirely deprived him of fight in tint ere. He hjs a fwitch mane and tail ; gal- lops, trots, and paces, and would anfvreras well for the cart as for the plough. 1 have Tome rcafon to believe h» was brr tight to Richmond about the time of the Fairfield Races, and either exchanged or fold

1 will give fhe abo*e reward, and pay all reafona- ble charges, to any perfon svho will deliver him to

me, and I will give twenty dollars for the dated! ion of the tlnef, if be has been ftolen.

w. brockf.nbrough, tfscover, O-Sober I’f- tf.

WKtWAL ■ 1! 0 UbSELL y WALLACE /wy removed to ^ ‘he Rore formerly occupied ly Mr. H-nry Hover, where thy have for fab a General Ay i sortmext o f GROCERIES i viz.— _ Loaf and Brown Sugar,

Rent Cogniae Brandy, h efl India and New-England Rum, Holland Gin, IVbifkcy, Sherry and Malaga Hlne,

Paints, Oil, Square and Elat Iron, Cut and Plain Ttttrthlers ly the flraw, \

Ening Uyfcnand Imperial Tea, A/lam. Salt Pet re and Pinunto, Indigo, Black Pepper, I.e.c e and Suck Salt, Butter by t lee firkin and retail.

A fe-zv barrels Philadelphia porter—and will receive per the Jcbonner Richmond Packet, fame < V

v; ; Philadelphia beer c all of which they wit! dtjpofe of at a moderate price. ^ . B. A Jew bacon hams Jor sale apply as

a'J0ve' November 18.

PUBLIC SALE. 01 TueMay the 17th Jay of December nrxt, will be

.dUrcd for la.e to the higheft bidder, at the late dwelling hour* of 0,1 William Peachey, dialed, in Richmond county :

*

A Jhe belonging to faid rrtatc, con- !™IRS of A,en» Women, Boy* and Girl*. The fale will commence at 11 o'clock, and terms of fal-

made known on the day of fair.

xt , JOHN NICHOLSON, adm’r.

Nov. 19. eplCD

TO BE SOLD, At Warren, in Albemarle comity, on the 10th of

December next.

ONE hundred prime NEGROES, confining of Men, Women, lioys mid Girts. A credit of

one, two and three years wiU be allowed upon the purchafer* giving bond and approved fccuriry. On account of the length of credit more than ordinary at- tention will be paid to the fecurity that will be re- quired.

WILSON CARY NICHOLAS, arren, November 1 9. tds.

LAND—FOR SJLE, Y N the county ol Lunenburg, lying within one mile A of tne Court-houie, on Couche’t creek ; this trait contains levcn hundred and fifty acres, one hundred inJ fifty of which is c.sared; comiortably improved lor the accommodation of a family. This land is well fnn*l to the cultivation of robacco, Corn and Wheat. A great bargain may be bad iu this land. The

terms may be maJe known, by application to Major Gnel ( reeu, ot Nottoway, who is duly authorised to dilpofe ol it, or the fublcriber living on the prevnifeak

, JOSEPH S.VITH. Lunenburg, Augull 2_(eptf.

NOTICE.

/\ Petition will be prelented to the General Af- f«n|l,Iy of Virginia, at the next feflion, praying

an acl may paf, to incorporate a company for tU purjiofe of cutting a Canal on the South fide of the Falls ol James River, or other'.vife improving the navigation of the river for the pafiage of Batteaux ; anda.lo for thecllabliihniei.t ofa Bank in the town of Manchefter. Augull 13. (epmL)

LL Perfons having demands agaii.ft the ellate L V of Pliiiip Ludwell Grymes, £fq. late of Bran- don, MiJiUeSex county, deceafed ; are requelled to forward them properly authenticated—and thofc who are indebted to faid eftate, are defired to make immediate payment to the Rev. Henry HefTeman of tne laid county, who is fully authorised to Settle ail maiteis relative to the eilate during my abfence.

SAMUEL \V. SAYRE, AdnTr. Brandon, November 3.

Y 'HE Subscriber purpofes pru&ifnig the law in A

.

all the Courts hidden in the city of Richmond ; alfo in the County Courts of King Wiliia.r. and Han- over: where.ii any bulliitfs confided to him, fnui] meet with prompt attention.

ANDREW STEVENSON. Nov. 12. *it

WWARDLAW, has received his fall fupply . of Medicinus, by the (h:,t Rolla from Lon-

don ; alfo a great variety of Paints, Variable, Sur- geons Inflruments, patent Medicines, &c. &.c. And by the (hip George fiom Liverpool, a Urge fupply ol vials and (hop gials.— 1 hofe who favor him with theirculloin m.xy depend on being lupplied with eve- ry article in his line on the moll liberal terms.

1 he citizen* of Richmond are requetlcd when they apply at his fiiop by a child or fervant to put (he name of the article wanted ou paper topievtm uiiiLkes.

Nov. 1. tf.

NEAL NELSON, BOOT isf SHOE MANUFACTURER,

M.V1N-S1 *IIT| IlCliUONO,

TV/j AKF.S Boots & Shoes J to any pattern or faih- ion, equal in point off.-U- i ehiai.s and Wot kma.n- smr to any in genera! ufe. IV Imported BoQTsand

Si.or*, of the fir.t quality and newe 11 fnfhion, for fale.

«*, Gcntleftion at a dif- tanct, "A ho at e diipofed to forward ine their meafure. ty paying attention to tht

G annexed cut, car. be fitted with Boots or Shoes as wi ll as if they were on the fpot—A—the length of the Boot—.C—round the Calf—B—the pitch of ditto—.1)—round the heel and i"ftep.E—round the ii.fiep—.G—acrois the hall of the foot. Fix the heel again ft a perpendicular, and Hick a knife at the end of the great toe—fet down in figure* the number of inches and quarters, m the dif- ferent meafures. January I. «-ptf

Ambcrfl Augujl Court, I80J.

IN CHANCERY. John Profitt, Randolph Profitt, Jefle Profitt, Row-

land Profitt, Elizabeth Profitt and Nancy Profitt, children of David Profitt, dec’d. and Duncan Ca- meron and Molly hi* wife, late Molly Profitt, a

daughter of David Profitt, dec.d. and David Pro- fit and Auftin Profitt infant chitdier. of Auftin Profitt, dcc’d. who was a fon of the faid David Profitt, dic'd, by John Profitt their guardian and ncit friend. Comp’it*.

Againft William Joftin and Sally hi* wife, Jofeph Wilcher

and Sufanna his wife, and David Profitt, which faid Sally, Sufanna, and David are children of the faid David Profitt, dic’d. Def’t*

ON the motion of the complainant* by theit attor-

ney, and it appearing to the fatisfadtion of the court, that the defendant* Wm. Joflin and Sally hi* wife, Jofeph Wilcher and Suianna hi* wife, and Da- vid Profitt are not inhabitant* of thi* (late and w itbout the jurifdi&ion of this court : It i» ordered that the defendant* dp appear here on the third Monday in November neat, and anfwer the complainant’« bill, and that a copy of this order he forthwith it,ferted in fome public newspaper publifhed withiu thi* com- monwealth for eight week* fuccefEvt-ly, and that e- nother copy ha pofted at the front d;>or of the court houfe of tin* county on fome court day.

Copy. Tefte, W. i>. CRAWFORD, c. c. cur Sept. 21, epSw.

A GENERAL ASSORTMENT OP

BLANKS, FOU SAMI AT THIS OPriCE,

lujiUUWSSS™"" ■pin V I'M.I. A US REWARD, if ukcn »H,. f- .“•■') rn*-',i‘ot R'clun-md, 4Ud one hundred Did- Ur* ifutfi*. I'cjondit, will be given to apprehend a

..tgroman *med LEWIS, about thir.> year, of ape, who lull m*hc runaway from the luhkuber>. He is vc: y IW made, and about 5 feet 10, or 3 feet 11 indie* high ; ha* a niafeuline count*n.uice-—had «>u •vlitn he went away, a Reflia Drill Drab Gut ard Paatrioor.*; but has a variety of other doathing.—> He w*. iornirrly the property of Mr. Edward Hal. Let of Hanover Town, where perhaps he may he gone—,\U mailers of velTcls are forewarned Iro'nhar- boring ur carrying him away, under the peitah* of tJ* Gli.LlAT Kill til

Septer-iSer C. (tf.

IWilh tv leafe for a term of year* my HOlSg on the kill between Col: C^tublv** and B vi.

dtre\ As it wasdeSgnrd for my own rclidrnc i o ! «!»•«* ha* biseii fpaird to afford every coiivei i .. lor the elegant: accommodation of a fmall famil a ftpiareof four hirif acre lots under an excellent H« . fure, is annexed to the horde, and the benefit of ml uriam and exmo five paUurage lor e law harfe*tuj cow* will he granted by Col: Harvie. It isiimd. ed to ered a bridge over the canal near Mr. Rbcr- ford kmills,by v liich mediUam,* to the low«f>are nf the town will Ls rendered more ronycTiicnth«J> from the greater | li t of the houles on Shock-hilL i »a genteel famSy, who will take prooer tre of the building* and tudofur**, I will l*t h urovery moderate tei ms,

1 7

JOHN BP.OCKEN£ROU<H. September 10. yltj

At a court held for King & Queen county,M the tourt-bouft on Monday the 9tb of Sept. Uhl,

V ,!*J»nc>iu.n IH ciuniut. Ricaard Brooke, faint iff.

Aganilt a

Wallace Johnfon 1 Muire A R„ht. Price, * Dft*» I HIS day can,* tL. plaintiff by hi* co ,„fPr A and the delendanu, Wallace Johnfqn M Muir*

not having entered their appearance and Jjreo t, curity according to the art of rthrmbly, in Y> c.f3 made and provided, and the ;ulesof this cc|, arj it appearing to die fatisfartion of die court it, ike y arenot inhabitant* oi this commonwealth. >n tli.v motion oi the plaint!!} by his counlel: It i* oiered. that the faid defendants do appear here on the ‘cond Monilay in November next, and anfwer the billf th» plaintiff, and that a copy of this onto be fort with infected in tome public newfpaper publifiied i tim City of Richmond for two months fuca-flivclj and polled at the trout door of this court-hnufe.

7

| ^

A Copy, Telle, ROBT. POLL ART e. c. i Ortober II. (F 2m.)

! lout fa Cavity Court, Olober \4tb, lfc«f Joihuii Morris, Piauitiff.

Agalnft i

Rulh Nutt, & Stephen Per- ; ^ l-V'^lbrn. bin*, Defendants. J E HI-. defendant Rudi Nutt not having eixen-d i h:s appearance, and given ferurity according to

law, and the rules of this court } and it appearing to i the fatisfaSion of the court, that he is not an inhubi- !*“t nf'his ila,e- Therefore, on the motion of tha ; by h,!l »«omey ; It isorderea and decreed by the court, that lie appear here on the fecund Mon» i day in January next, and anfwer the plaintiffs bill ; atid that a copy oft hi* order be forthwith inferred in i fume of the newfpapers, printed in the city of R,Ch- J niond, fur eight weeks fuccellively, and publiihed at the front door of this court houfe on funic court day.

A Copy. Teflc, JOHN POINDEXTER, c. l. u.

November 15. (F2 in.)

l.nuifa County Court, C iohtr 14tb, If 05. Nathan D. Anderfon, plaintiff. ~\

Again ft Wm. Loury and James Pulliam and •> L, CUn-.v Thos Dac-liper, executors of John I'ulliam, deceafed. Defendants. J

r\ defendant Wm. Loury not having, entered, t ,,

appearance and g ven fecurity according to ’

.

atf‘ ™ •‘numbly, and the rules of this court; and it appearing to the fatisfadlion of the rourt that he is not an inhabitant of this ftate. Therefore, on th* mo- lion of the pLiimin by his attorney; It is ordered *i>:\ di-creed by the court, that h<* appear here on the fa. cond Monday in January next mid anfwer the plait,- tills bill; and that a copy of this decree be inferred tnfotne of the public newfpapers printed in the city of Richmond for eight weeks fuccellively and puHilh. ed at the front door of tliii court houfe ou fume toiu t day.

A Copy. Tefte, John Poindexter, q. c.

November 15. (I'2m.)

KEN J A MIN J)U VAL% AT THE SIGN OF THE GOLDEN MORT41

Ric h mono,

HAS jurt received a very ljig« and cxtenfive af, lortnient offreih MEDICINES, SURG1 ON'»

INSTRUMENTS, DRUGS and I>YE-ST IJFXfi, PAINTS of ail kinds, OH., VARNISHES, PUT- TY, &,c,

Alfo a compile ajf.rtment of II A T T E R S’ MATERIA L $,

CONMSIlNi; or Hatters’ Irout C rude Tartar l.ngwood l>jfon Irons Copperas Bow-Stringi; Virdegreafe Linings Fiiftit!: Galoona Spaiiilh Indigo Taflel Bands Oil of Vitriol Rubbing Diflu j Aq. Fortis Stampers guickfilver Trehchefs, &c,

Which ad.he! to his former flock, completes an af. fortment that was never equalled in hi* line of bhli. nefs, in this city. He thanks his cuftomer* for pad favors, and hopes

to merit a continuation of tl eir cuftoin, Hie formn attention to the quality of his Medicines, importinr them in tiicir crude ftate, that he might be able v'ji judge of their quality, and powdering and preparing them under hi.immediateinfpeaion,have c< oributed to hi* prtfent eflabliflimeiit; and oppofition he pr/. fumes will not relax his exertions to give genera! (drift faSion in future.

His experience for more than 12 years part, as .\, potheeury and Drtiggift in this city, added to a fn, f Hock of Medical Information acquired before, t nabka him, he thinks,to form u tolerably corrttt judgment as to the quality of Drugs and Medieines, although he cannot boaft of Lonorj conferred on him, greater than t>*e confidence of iiui,ictoub ami refpectatde cuil^-j mers.

(n regard to Me wholefule prices, he promife* to furnifh each <«f his w hohsfale ruflomeis with a printed price current, a* foon a* poftihie.and feel, himfelf co9» fi.lent in their approbation, knowing that no one its tiii* ftate can afford to pttder-iell him. T his he in- tend* to do,not to get othert' eufomen f,tm them, bur to fecure hi* own.

Any articlesthat may he ordered, and not apprnv. ed of as to quality, may he returned if in good order , and in a realonablt time, *

’

J*1” 7' (an*if’, *

NOTICE.

j I b!Y. fuhfertoen, being def rout of closing their a ftni* I ni/iration on the eflnte of William IF if !*jrx% /.* r a

ed, tall upon all thjfe who have tMmt cgair.t Lim, l, make them known b fort the friend Abend,y in.Wv A

j ri’xl, when they Inte.iJto raider an account of their ad miaif ration to the court of Luflingt ,fr the rity nf fi, ,

monJ : after which *0 claim not prr uioijly given ent will he attend, J to, hat thb not fee will be pfad in hij thereof. All perform indebted to the decs fed, arc d. hr, 4 to make immediate payment, at no Indulgence car It gtvttr

EDWARD CAR R1 N(i TO A’, y. A. Cff FA'ALIAS.

September Iff. fftf)