326 Assembly Proceedings, Oct. 2-Nov. 17, 1753.

Liber H. S.
No. I

or known Attorney; and there the Justices aforesaid, in Case the
Party appears, shall demand if he, she, or they, will build a Ware-
house, and Wharff, and erect Prizes, and Cranes, at such Place?
And in Case the Proprietor or Owner, Guardian, Husband, or Attor-
ney, will undertake such Building on the Terms of this Act, and an
Agreement shall be made with them to that Purpose, by such Jus-
tices or the major Part of them, then such Person, so agreed with

[Of such
Owners re-
fusing to
build.]

as aforesaid, shall have the Preference to any other Person: But in
Case the Proprietor or Owner, Guardian, Husband, or Attorney, as
aforesaid, shall not appear at the Day to be appointed, and notified
to them as aforesaid, or upon appearing, will not agree to build as
aforesaid, that then the Justices as aforesaid, may agree with any
other Person who will undertake to build a Warehouse, Wharff, and
other Conveniences as aforesaid at such Place. And in Case the Jus-
tices as aforesaid do or shall enter into any Agreement either with
the Proprietor or Owner, Guardian, Husband, or Attorney, as afore-
said, or with any other Person that will undertake the Building
aforesaid, the said Justices shall take Bond in the Penalty of Two
Hundred Pounds, conditioned to build a Warehouse and Wharff, and
provide Cranes where necessary, and Prizes, and all other Con-
veniences, at such Place, and keep the same in Repair, during the
Continuance of this Act, according to such Agreement; which said
Bond shall be taken in the Name of the presiding Justice of the
County, and his Successor and Successors, and shall be recorded by
the County Clerk: And in Case of Loss of the original Bond, a Copy
thereof, attested by the Clerk, shall be as good Evidence as the Origi-
nal, and an Action may be brought and maintained on such Copy;
nor shall such Action abate by the Death of any presiding Justice, in
whose Name it may be sued: And in Case the Proprietor or Owner,
Guardian, Husband, or other Person, will not build such Warehouse,

p. 63

Wharff, and other Conveniences, then the Justices as aforesaid shall
agree, on the best Terms they can, with a proper Workman or Work-
men to build such House, Wharff, and other Conveniences, at the
most reasonable Price, and to have the same Building done so espe-
cially as to receive Tobacco by the first Day of April, in the Year
One Thousand Seven Hundred and Fifty Four.

[Lands to be
valued and
sold, where
the Owner
refuses to
build.]

And be it further Enacted, That in Case the Proprietor or Owner,
Guardian, Husband, or Attorney, as aforesaid, will not build on
such Lands as aforesaid, that then and in such Case the Justices as
aforesaid proceed to set a Value, in Current Money, on the Acre or
Half Acre of Land, as the Case shall be; and whatever Value the
said Justices shall so set on the same, it shall be paid in Manner
following; that is to say, If any other than the Proprietor or Owner
shall undertake the said Building, and providing other Conveniences,
then such Undertaker shall pay to the Proprietor or Owner the Sum
so set by the Justices as aforesaid for the said Land; and from and