Pages 526-545 
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| Pages 526-545
| Pages 564-586
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| CHAP. XXIV. | ||
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| I. WHEREAS it is represented to this present general assembly, by the inhabitants of the counties of Hanover, Albemarle, Augusta, and Botetourt, that the clearing a safe and good road from the Warm Springs in Augusta, to Jennings's gap, in the said county, will be greatly beneficial to the public: Be it therefore enacted, by the Governor, Council, and Burgesses, of this present General Assembly, and it is hereby enacted, by the authority of the same, That John Wilson, Thomas Lewis, Andrew Lewis, Samuel Macdowell, Charles Lewis, William Preston, John Maclanahan, George Moffatt, and James Ewing, gentlemen, be, and they are hereby, appointed trustees for carrying into execution so much of this act as relates to the said road, and the said trustees, or the major part of them, shall and may, and they are hereby impowered and required to appoint such person as they, the said trustees, or the major part of them, shall think fit to view and lay out a road, to be cleared, from the Warm Springs to Jennings's gap, as aforesaid, in the most direct and effectual manner, in the opinion of the said trustees; and the treasurer of this colony for the time being, is hereby authorized and required, upon the governor's warrant, to pay to the said trustees, or the major part of them, the sum of three hundred pounds, in such proportions, and at such times, as the said trustees shall require. | Road from the Warm Springs in Augusta to Jenning's gap to be cleared. | |
| II. And be it further enacted, by the authority aforesaid, That as soon as the said road shall be opened, the said trustees, or the major part of them, or such person, or persons, as they shall appoint, may set up and erect, or cause to be set up and erected, a gate, or turnpike, across the said road, where the same passes the said Warm Spring mountains, and the tolls and duties following shall be paid and received, before any of the things, on which the same are herein after imposed, shall be permitted to pass through the said gate or turnpike, that is to say, for every man, a penny, and for every horse the same, for every coach or chariot, and the driver thereof, the same as for six horses, for every | Tolls established. |
| waggon, or four wheel chaise, and the driver, the same as for four horses, for every two wheel chaise, cart or chair, or other carriage, the same as for two horses, for every drove of oxen, or neat cattle, one shilling per score, and for every drove of hogs, sheep, or goats, three pence per score, and so in proportion for a greater or lesser number, which said respective sum, and sums of money, shall be demanded and taken, in the name of or as a toll. And the said trustees, or the major part of them, shall and may nominate and appoint a fit person to receive the tolls or duties aforesaid, and to see that the said gate or turnpike is duly repaired and amended, and, from time to time, remove such person as they shall see occasion, and appoint another, in case of death, or such removal; and the person so appointed to receive the toll or duties aforesaid, shall account, before the said trustees, or the major part of them, in the months of April and October, yearly, or oftener, if required, upon oath, for all the monies which he shall have received by virtue of this act. And the said trustees shall and may, out of the money arising as aforesaid, make allowance unto such person, by them to be appointed as aforesaid; for his care and trouble in the execution of his office, as to them shall seem good, always taking bond, with good and sufficient security, from such person, at the time of his appointment, for the due and faithful execution of his office, and rendering such account. And in case any such collector shall refuse to account or pay the whole duties, or tolls, by him received, it shall and may be lawful for the said trustees, upon motion made to the county court, to demand judgment against such collector, for all duties or tolls wherewith he shall be chargeable by this act; and such court may give judgment, and award execution thereupon, provided such collector, and his securities, have ten days previous notice. | |
| III. And be it further enacted, by the authority aforesaid, That it shall and may be lawful to and for the said trustees, or the major part of them, to take and receive of and from all and every person, or persons whatsoever, all such sum or sums of money, as they, or any of them, shall be willing to subscribe and pay, for the purposes aforesaid, which monies, so raised by subscription, and the aforesaid sum of three hundred pounds hereby granted, and to be paid by the treasurer of this colony, for the time being, together with the duties or |
| tolls herein before imposed, shall be applied, by the said trustees, towards opening, clearing, and maintaining in repair the said road, and erecting and maintaining gates or turnpikes thereon, and moreover towards building such houses for the reception of the poor sick resorting to the said springs, as they, the said trustees, or the major part of them, shall judge most convenient and necessary; from time to time, with the succeeding session of general assembly. And for continuing the succession of the said trustees, Be it further enacted, by the authority aforesaid, That it shall and may be lawful to and for the said trustees, or the major part of them, from time to time, and at all times hereafter, during the continuance of this act, upon the death, resignation, or removal of any of the trustees, so dying, resigning, or removing; and the trustee, or trustees, so elected, shall have the same power and authority as if he or they had been particularly nominated and appointed by this act. | |
| IV. And whereas it is represented by the inhabitants of the said county of Augusta, that the roads over the blue ridge of mountains, at Rockfish and Swift Run gaps, which are of great public utility, are much out of repair, and they have petitioned this assembly that the court of the said county may be impowered to levy money on the inhabitants of the said county for repairing the same: Be it therefore enacted, by the authority aforesaid, That the court of the said county of Augusta shall and may, and they are hereby authorized and impowered, to levy so much money on the tithable inhabitants of the said county, as shall be necessary for the purpose aforesaid, at the time of laying their public levy, which shall be levied and collected in the same manner as the other county levies are levied and collected, and paid to the persons intitled to the same. Provided always, such sum shall not exceed sixty pounds for the first year, and twenty pounds for any succeeding year. | Provision for repairing of roads at Rockfish and Swift Run gaps. |
| V. And whereas by an act of assembly, made in the twenty-second year of the reign of his late majesty's reign, intituled An act for establishing the towns of Staunton, in the county of Augusta, and New London, in the county of Bedford, and Strasburg, in the county | 2 Geo III Trustees for the town of Staunton appointed. |
| of Frederick, certain trustees were appointed for designing, building, and carrying on the said town of Staunton, who are since mostly dead or removed to distant parts, and a succession of the said trustees hath not been continued, as that act requires; and it being necessary that the said town of Staunton should be supported and maintained, and the bounds and streets thereof properly ascertained: Be it therefore enacted, by the authority aforesaid, That William Bowyer, John Frogg, Sampson Matthews, George Matthews, Robert Reid, and Alexander Maclanahan, gentlemen, be, and they are hereby, constituted and appointed trustees for building, carrying on, and maintaining the said town of Staunton, as the same was laid off, pursuant to an act, passed in the twenty-second year of the reign of his late majesty king George the second, intituled An act for establishing a town in Augusta county, and allowing fairs to be kept therein; and the said trustees, or any four of them; are hereby authorized and impowered, from time to time, and at all times hereafter, to lay off and regulate the streets of the said town, and to settle and determine all disputes concerning the bounds of the lots of the said town, and to settle and establish such rules and orders for the more regular and orderly building of all the houses in the said town, as to them shall seem best and most convenient. | |
| VI. And be it further enacted, by the authority aforesaid, That in case of the death, removal, or resignation, of any one or more of the trustees of the said town of Staunton, hereby appointed, it shall and may be lawful for the remaining trustees, from time to time, to elect and chuse so many other persons in the room of those dead, removed, or resigning, which trustees, so chosen, shall be, to all intents and purposes, vested with the sam power as if such trustees had been particularly nominated and appointed by this act. | Vacancies how supplied. |
| VII. And whereas the public roads leading from the north western parts of this colony to the towns of Alexandria and Colchester, in the county of Fairfax, by means of the great numbers of waggons which use the same, are rendered almost impassible, and the ordinary method of keeping them in repair, as at present by law established, is not only insufficient, but exceedingly burthensome to those who are employed therein: For remedy whereof: Be it further enacted, by the authority aforesaid, That from and after the passing of this act, it shall and may be | Provision for keeping in repair, roads leading to Alexandria and Colchester. |
| lawful for the county courts of Fairfax, Loudoun, Berkeley, and Frederick, respectively, and they are hereby authorized and required to levy and assess upon the tithable inhabitants of their several counties, for three years next ensuing, the following sums annually; that is to say, on the inhabitants of Fairfax the sum of forty-five pounds, of Loudoun the sum of fifty-five pounds, of Berkeley the sum of fifty pounds, and of Frederick the sum of twenty-five pounds, which said several sums shall be collected in the same manner as the levies in those counties are collected, and by the respective sheriffs paid to Thomson Mason, Francis Peyton, John Hough, Israel Thompson, Bryan Fairfax, William Ramsay, Alexander Henderson, Edward Payne, John Vestal, and Edward Snickers, gentlemen, who are hereby appointed trustees for the carrying this act into execution. And they, the said trustees, or any five of them, shall and may, and they are hereby authorized and required, to lay out and disburse the money so levied, and paid to them annually, in such manner as they shall think best for keeping in repair the great and direct roads leading from Vestal's and Williams's gaps to the said towns of Alexandria and Colchester. Provided always, That the sheriffs of the said counties respectively shall give bond for the faithful collection of the money so levied, and for accounting and paying the same to the said trustees; and, in case of failure or neglect, shall be liable, on the motion of the said trustees, in the same manner as by law they are now liable for not accounting and paying other levies. Provided also, That nothing herein contained shall be construed, deemed, or taken, so as to restrain or exempt the courts of Fairfax and Loudoun, respectively, from allotting the hands which have usually worked on these roads, from assisting in repairing and amending the same within their proper districts, in the manner already directed by law, excepting only that they shall not appoint overseers over the several districts of the roads directed to be repaired by this act; but it shall and may be lawful for the said courts, and they are hereby required, to cause a list of all the labouring tithables within their respective counties, which are by law compellable to work on the aforesaid roads (specifying the several districts they belong to) to be delivered to the said trustees, who shall and may direct the person, or persons, by them appointed or employed |
| in the execution of this act, to summon any of the said labouring tithables, at any time they shall see cause, to work on the said roads, within the districts specified by the said lists; provided the number of days which each tithable shall work thereon does not exceed four days in the space of any one year. And if any free person, called out as aforesaid, shall wilfully, and without a sufficient excuse, neglect or refuse to appear, the person, or persons, so offending, shall be liable to the penalty of five shillings for every day he shall so refuse or neglect to appear, or to work upon the said road, when there; to be recovered, with costs, by warrant, before a single magistrate, by the person appointed by the said trustees to overlook and direct the repairs of the said roads, to which such free labouring tithable, so offending, shall belong. And that if any master, mistress, or overseer, shall, without a sufficient excuse, neglect or refuse to send the respective male tithable servants, or slaves, to him or her belonging, or under the care of such overseer within the said districts, to work upon the said roads, when required by the person, or persons, employed by the said trustees to overlook the repairs of the said roads, such master, mistress, or overseer, shall be respectively liable to the penalty of five shillings for every such male tithable servant, or slave, so neglected to be sent by such master, mistress, or overseer, which said penalty shall be paid to the trustees appointed by this act, and by them applied towards repairing the roads herein directed. | |
| VIII. And to the end that this act may be duly enforced, It is hereby enacted, by the authority aforesaid, That every person employed by the said trustees to overlook the repairs of the above mentioned roads, who shall neglect to apply for a warrant against the several persons offending against this act, shall be liable to the penalty of five shillings for every such neglect, which said penalty shall be recovered with costs, by warrant, before a single justice, by any one of the said trustees who shall first apply for the same, and, when recovered, shall, by such trustee, be applied towards repairing the said great roads from Williams's and Vestal's gaps to Alexandria and Colchester, in manner aforesaid. |
| CHAP. XXV. | ||
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| WHEREAS it is represented to this present general assembly, by the inhabitants of the county of Botetourt, that a road may be made over the South mountain, from William Crow's ferry, on James river, in the said county, to Thomas Dowland's, in Bedford county, which will greatly shorten their distance to market, and which cannot be effected in the manner prescribed by the laws of this colony for clearing roads, and will be attended with a more than ordinary expence, and they have petitioned that the same may be borne by the public: Be it therefore enacted, by the Governor, Council, and Burgesses, of this present General Assembly, and it is hereby enacted, by the authority of the same, That Andrew Lewis, William Preston, Andrew Woods, John Mills, Thomas Rolling, James Rolling, and John Bowyer, gentlemen, shall be, and are hereby, appointed commissioners to examine the place proposed for the said road, and that the said commissioners, or any five of them, being first duly sworn, do examine the same, and that they report the conveniencies and inconveniencies thereof, under their hands and seals, to the next session of assembly. | Commissioners appointed to view a place for a road through the South mountain from Crow's ferry to the county of Bedford. | |
 CHAP. XXVI. | ||
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| I. WHEREAS it is represented to this present general assembly, that a bridge over the north fork of the western branch of Nansemond river, from the land of Thomas Milner to the land of Jacob Darden, opposite thereto, in the county of Nansemond, would be very | Bridge over western branch of Nansemond river, authorised, by subscription. |
| convenient, and divers merchants, and others, inhabitants of the said county, have petitioned for leave to build a bridge over the said river by subscription: Be it therefore enacted, by the Governor, Council, and Burgesses, of this present General Assembly, and it is hereby enacted, by the authority of the same, That Jonathan Godwin, Thomas Jack, John Drew, John King, Willis Coffield, Jacob Darden, and Thomas Milner, gentlemen, be, and they are hereby, nominated and appointed trustees for building a bridge over the said river, at the place aforesaid; and the said trustees, or any three or more of them, shall have power and authority to receive subscriptions from any person, or persons, and to apply the money subscribed towards building, maintaining, and keeping in repair, the said bridge, in such manner as they, the said trustees, or any three of them, shall judge necessary and convenient. | |
| II. And be it further enacted, by the authority aforesaid, That upon the death, removal out of the county, or resignation of any of the said trustees, the other trustees, or any three or more of them, shall and may elect one or more person, or persons, of the same county, instead of the trustee or trustees, so dying, removing, or resigning; and the trustee, or trustees, so elected, shall have the same power and authority, as if he or they had been particularly nominated and appointed by this act. Provided always, That nothing in this act contained shall extend, or be construed to extend, to impower the justices of the said county of Nansemond for the building, maintaining, or keeping in repair, the said bridge, but that the same shall be done by subscription, as aforesaid, and by no other way or means whatever. |
| CHAP. XXVII. An act for establishing several new ferries, and for other purposes | |
| I. WHEREAS it is represented to the present general assembly, that public ferries, at the places hereafter mentioned, will be of great advantage to travellers and others: Be it therefore enacted, by the Governor, Council, and Burgesses, of this present General Assembly, and it is hereby enacted, by the authority of the same, That public ferries be constantly kept at the following places, and the rates for passing the same shall be as follows, that is to say, from the land of the right honourable the earl of Tankerville, in Loudoun county, in the tenure and occupation of John Farrow and Alexander Reame, over Potowmack river, to the opposite shore, in Maryland, the price for a man three pence three farthings, and for a horse the same, from the town of Cobham, on the lower side of Gray's creek, in the county of Surry, to James town, in James city county, the price for a man seven pence halfpenny, and for a horse the same, from the land of William Crow, over James river, to the land of Andrew Boyd, in the county of Botetourt, the price for a man two pence, and for a horse the same, from the land of Walter Coles, in the county of Halifax, over Staunton river, to the land of Joseph Fuqua, in the county of Charlotte, the price for a man three pence, and for a horse the same. | Several new ferries established. |
| II. And be it further enacted, by the authority aforesaid, That from and after the passing this act, it shall and may be lawful to and for the ferry keeper, from the land of Edward Booker, deceased, in the county of Halifax, to the land of John Fuqua, deceased, in the county of Charlotte, over Staunton river, to demand and take, for the transportation of a man over the said ferry, three pence, and for a horse the same; any law, custom, or usage, to the contrary thereof, in any wise, notwithstanding. And for the transportation of wheel carriages, tobacco, cattle, and other beasts, at any of the places aforesaid, the ferrykeeper may demand and take the following rates, that is to say, for every coach, chariot, or waggon, and the driver thereof, the same as for six horses, for every cart, or four wheel chaise, and the driver thereof, the same as for four horses, for every |
| two wheel chaise, or chair, the same as for two horses, for every hogshead of tobacco as for one horse, for every head of neat cattle as for one horse, for every sheep, goat, or lamb, one fifth part of the ferriage for one horse, and for every hog one fourth part of the ferriage for one horse, according to the prices herein before settled at such ferries, respectively, and no more. And if any ferrykeeper shall presume to demand and receive from any person or persons whatsoever any greater rates than is hereby allowed for the carriage or ferriage of any thing whatsoever, he, or they, for every such offence, shall forfeit and pay to the party grieved the ferriages demanded and received, and ten shillings, to be recovered with costs, before any justice of the peace of the county where such offence shall be committed. And where a ferry is, by this act, appointed on one side of a river, and none on the other side, answerable thereto, it shall and may be lawful for the respective county courts to appoint an opposite ferry, and to allow the respective rates herein before directed; and such courts shall and may, and are hereby required to order and direct what boat, or boats, and what number of hands shall be kept at each ferry, respectively; and every such ferrykeeper shall enter into bond, in the manner directed by an act of assembly, made in the twenty-second year of the reign of his late majesty king George the second, for the settlement and regulation of ferries, and dispatch of public expresses, and shall be subject and liable to the penalties thereby inflicted for any neglect or omission of their duty. | |
| III. And whereas the several ferries following, that is to say, from Crouche's creek, on the land of William Edwards, in the county of Surry, across James river to James town, in James city county, from the land of Cornelius Thomas, in the county of Amherst, over the Fluvanna river, to the land of Nicholas Davies, opposite thereto, in the county of Bedford, and from the land of the said Nicholas Davies, to the land of the said Cornelius Thomas, and from the land of William Fuqua, deceased, in the county of Charlotte, to the land of Walter Coles, in the county of Halifax, opposite thereto, have become useless and unnecessary: Be it therefore enacted, by the authority aforesaid, That so much of the several acts of assembly, made in the twenty-second year of the reign of his late majesty king George the second, and in the first and fifth years of the reign | Others discontinued. |
| of his present majesty, as establishes those ferries, respectively, be, and the same is hereby repealed and made void. | ||
| IV. And be it further enacted, by the authority aforesaid, That the ferry from the town of Cobham, on the lower side of Gray's creek, to James town, herein before mentioned and established, be, and the same is hereby vested in the trustees for the said town, appointed by an act of this present session of assembly, and they, the said trustees, or any five of them, are hereby authorized and impowered to let the same to the highest bidder, for any number of years, and to make such rules, orders, and regulations therein, with respect to the number of boats and hands, landing places and wharfs, as to them shall seem expedient; and the said trustees shall, within two months from and after the passing this act, give bond in the same manner the other ferrykeepers, herein mentioned, are directed to give bond, and shall, in like manner, be liable for any neglect or omission of duty; and the profits arising from the said ferry, shall, by the said trustees, be applied towards building and keeping in repair proper and convenient houses for the accommodation of passengers and travellers, and for erecting and maintaining wharfs, if necessary, and for such other public purposes within the said town, as to them shall seem meet and expedient. | ||
| CHAP. XXVIII. | ||
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| I. WHEREAS the opening a communication between James river and York river, by a canal or cut to be made from Archer's Hope creek, through or near the city of Williamsburg, into Queen's creek, for the navigation of boats and other vessels, with heavy burthens, will be of great advantage to the said city, and to the | Navigable canal from Archer's Hope creek to Queen's creek, through or near the city of Williamsburg, authorised. |
| trade carried on in the said rivers, and it is thought expedient, at this time, to give all due encouragement to an undertaking of this sort, as it may promote the improvement of the navigation in other parts, which would make a great addition to the commerce and riches of this country: And whereas many persons have subscribed large sums of money, and others will probably contribute to a design of such utility, and it is proper that they should receive reasonable tolls, or duties, to enable them to cut, support, and repair, the said canal, and erect necessary bridges over the same: Be it therefore enacted, by the Governor, Council, and Burgesses, of this present General Assembly, and it is hereby enacted, by the authority of the same, That as soon as the person who have already subscribed, together with such as shall hereafter subscribe, or a majority of them, shall think a sufficient sum, for effecting the said intended work, may be raised, the mayor of the city of Williamsburg for the time being, shall, by an advertisement three times published in the Virginia Gazette, appoint a time for the meeting of the said subscribers, at the courthouse in the city of Williamsburg, and such of the subscribers as shall be there present, or a majority of them, are hereby impowered to elect eleven of the subscribers to be trustees and directors for the carrying on, compleating, and repairing, the said intended canal, and erecting bridges thereon, and in counting the votes every subscriber is to be allowed one vote for every twenty-five pounds by him subscribed. And if any subscriber shall be unable to attend at the time appointed, as aforesaid, it shall be lawful for him to depute any other subscriber to act for him at the said election by any writing under his hand and seal, whose vote shall be, to all intents and purposes, as valid as if the subscriber, giving him the deputation, was himself present. And the said trustees and directors, so elected, shall and may agree with any person, or persons, who shall be willing to undertake the same, to cut the said canal, and build such bridges as are necessary, upon such terms, and in such manner, as the said trustees and directors shall think fit; and, out of the money arising from the tolls and duties hereafter given by this act, to repair and keep in good order the said canal, and the banks, sluices, and bridges, belonging thereto, provided that the sum to be paid does not exceed the whole amount of the several sums subscribed, and that |
| the person, or persons, who shall undertake the same, shall give sufficient security to perform his or their agreement. | |
| II. And be it further enacted, by the authority aforesaid, That they, the said trustees and directors, or any five or more of them, assembled together, or a majority of them, shall have full power and authority to proceed and determine on all matters relative to the trust reposed in them by this act, and shall, from time to time, as money shall be wanted, make an order, and direct what proportion the subscribers shall pay of the sums by them respectively subscribed, which order shall be signed by a president, to be chosen, as is hereafter directed. And the said trustees and directors are hereby authorized and impowered to demand and receive of the several subscribers, their heirs, executors, administrators, and assigns, from time to time, the sums of money so ordered to be advanced for carrying on the said work, until the sums, by each subscriber respectively subscribed, shall be fully paid and discharged. And where any of the subscribers, or their heirs, executors, or assigns, shall refuse or neglect to pay their proportions when demanded, agreeably to the said order, the said trustees and directors are hereby authorized, by the name of the trustees and directors, appointed for cutting a canal from James to York river, to sue for and recover the whole sum subscribed by such person so refusing or neglecting to pay, by action of debt, or upon the case, in any court of record in this colony, unless any subscriber had made it a condition in his subscription, to pay his money at different periods, or on particular terms, in which case no more shall be recovered than so much as might be called for agreeably to his terms, at the time of such recovery. | |
| III. And in order to continue the succession of the said trustees and directors, Be it further enacted, by the authority aforesaid, That in case of the death, removal, or resignation, of any of the said trustees and directors, or in case any of the said trustees and directors shall misbehave themselves, then, on the application of twenty subscribers, the mayor of the city of Williamsburg shall, in the manner before mentioned, appoint a meeting of the subscribers, who shall, under the rules and regulations before prescribed, nominate and appoint other person, or persons, in the room of him or them |
| so dying, removing, or resigning, or, if they find sufficient cause, in the room of him so misbehaving, and such trustees shall have equal powers and authorities with those originally chosen. | |
| IV. And be it further enacted, That every year, on the first day of May, and in case of any disappointment on some other day, to be appointed by the mayor of the city of Williamsburg, in the manner before mentioned, the subscribers shall meet at the courthouse of the said city, and chuse a president, to whom the said trustees and directors shall, from time to time, make report of their proceedings, and annually render an account, and the said president is hereby directed to examine such accounts, and, on finding them to be fairly and justly stated, to give the said trustees a certificate thereof, and sign all orders, made by the trustees, as aforesaid, for calling in and demanding any money from the subscribers, and execute all deeds for the conveyance of the right, or share, of any proprietor of the said canal, or of the profits arising therefrom, and such execution shall be sufficient to pass and convey any right the subscribers, collectively, their heirs, and assigns, may have, distinct from such proprietor. | |
| V. And be it further enacted, That it shall be lawful for every subscriber, or proprietor, of the said canal, or of the tolls and duties hereby given, to sell and transfer his or her right and interest therein, or any part thereof, but such proprietor shall, when he is desirous of selling, first offer the same to the trustees, and it is hereby declared that they shall have the preference in all such sales, if they will give the same consideration for which any proprietor shall really and bona fide sell. | |
| VI. And be it further enacted, by the authority aforesaid, That for and in consideration of the great charges and expences the said subscribers, their heirs, or assigns, shall be at, not only in making the said canal navigable, as aforesaid, but also in repairing, cleaning, and maintaining and keeping up the same, and erecting bridges, and other necessary works, it shall and may be lawful for the said trustees and directors, from time to time, and at all times forever hereafter, to demand, receive, recover, and take, for every vessel of two tons, or upwards, which shall pass, or be navigated in, upon, to or from any part of the said canal, such rates and duties for tonnage, as the said trustees shall think fit, not exceeding two pence per ton, the |
| same rates or duties to be paid near to the said canal, and in such manner as the said trustees shall think proper, and, in case of neglect or refusal of payment, on demand, of such rates and duties, or any part thereof, to the said trustees, or the person, or persons, appointed receivers, they, the said trustees, shall and may sue for the same, in the name and manner above mentioned, or by petition, if the money demanded shall not exceed the sum of five pounds current money, or shall and may detain any goods or vessels wherein the said goods or other things are carried, for which the said rates and duties are to be paid, until due payment thereof, together with reasonable charges for taking and detaining such distresses; and if such distress shall not be redeemed within four days after the taking thereof, they may, with the serjeant of the said city, or any one of the constables of the counties of York or James city (who are hereby required to be aiding and assisting therein) cause the said goods or vessels, so distrained, or some part thereof, to be appraised by two sworn appraisers, to be appointed by a justice of the peace for either of the said counties, to appraise the same truly and indifferently, according to the best of their judgment, and after such appraisement, may sell the same, or any part thereof, for satisfaction of such rate or duty, and the charges of such distress, appraisement, and sale, leaving the overplus, if any, in the hands of the trustees, for the owner's use. Provided always, That none of the rates or duties, by this act granted or given, shall be demanded or taken for any pleasure boat, or for any dung, male, or other manure, which shall be carried on the said canal, in any boat or vessel, belonging to, or hired by, any of the subscribers, their heirs, and assigns. And the said trustees and directors shall annually render an account to the said president of all the money by them received and expended on account of the subscription, and of the tolls and duties before mentioned, and, after deducting the several sums that they shall expend in keeping the banks of the said canal in good and constant repair, removing all obstructions in the navigation thereof, so that the same may be rendered as useful as possible, and paying wages or salaries to such persons as it may be necessary to employ in the management of the same, shall pay the surplus of the money, arising from the said tolls and duties. |
| amongst the said several subscribers, in proportion to the sums by them paid, or to their executors, administrators, or assigns. | |
| VII. And for preventing any rude or disorderly persons, navigating boats, barges, or other vessels, in or upon the said canal, from doing any damage, or committing any disorders, and for making the masters of such vessels, in that respect more careful. Be it enacted, by the authority aforesaid, That every master of any boat, barge, or vessel, shall be, and is hereby, made answerable and responsible for any damage or mischief that shall, at any time, be done by his or their boat, barge, or vessel, or by any of the bargemen, boatmen, or crew, of and in such boat, barge, or vessel, to any of the bridges, banks, quays, or other works, to be made and erected in, upon, or near the said canal, or for any trespass or damage which shall be done to the proprietors of any buildings, lands, tenements or premises adjoining near unto the same, otherwise than is provided for by this act; and the said master, or masters, of the said boat, barge, or vessel, shall and may be sued and prosecuted for the same, in any court of record, and, if found guilty, or if a verdict pass, or judgment be given, against him, her, or them, in any such case, the plaintiff shall recover his full costs. | |
| VIII. And be it further declared and enacted, by the authority aforesaid, That the said canal, when compleated, shall, forever thereafter, be esteemed and taken to be navigable, and that all the king's liege people whatsoever, with their goods and merchandize, may have, and lawfully enjoy, their free passage in and through the said canal, with boats, barges, lighters, and other vessels, and also all necessary and convenient liberties for navigating the same, without any let, hindrance, or obstruction of or from any person, or persons, whatsoever, paying such rates and duties as are appointed by this act to be paid to the said trustees and directors. Provided always, That the said trustees shall not run or cut the said canal through the lands of any private person, without the consent of the proprietor thereof, first had and obtained. |
| CHAP. XXIX. | ||
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| I. WHEREAS it is represented to this present general assembly, that the act, passed in this present session, for cutting a navigable canal from Archer's Hope creek to Queen's creek, through or near the city of Williamburg, is likely to be frustrated and rendered of no effect, by the refusal of some persons, and the infancy of others, through whose lands the said canal must pass, who are not, by the said act, compellable to give up their property for the effecting so salutary and laudable an undertaking: Be it therefore enacted, by the Governor, Council, and Burgesses, of this present General Assembly, and it is hereby enacted by the authority of the same, That the trustees and directors, hereafter to be chosen, agreeably to the directions of the said recited act, or any five of them, are hereby impowered to agree with and purchase of the proprietors, or occupiers thereof, or guardian of any infant proprietor of any lands adjoining to or near the said intended canal, which may be necessary for carrying on and perfecting the same, and to take and accept deeds, by the name of the trustees and directors, appointed for cutting a canal from James to York river, to the use and behoof of the subscribers to the said canal, their heirs, and assigns. And in case any difference should arise about the value of the said lands, or any part thereof, any justice of the peace of the county, where the land shall lie, to whom application shall be made, by the said trustees or directors, shall issue his warrant, to the sheriff of such county, to summon fifteen freeholders, of the said county, to view and value the said lands and improvements, who shall meet on the day appointed, and being first sworn so to do, shall view, and truly and | Powers of trustees, for cutting the canal, in the preceeding act mentioned, enlarged. |
| faithfully value the land, the bounds whereof, so far as they may be damaged by the canal, shall be first ascertained, and the damages such proprietor, or occupier, may suffer by means of cutting the said canal, or making and raising any banks or other necessary works thereon; and the said jury shall deliver their opinion thereof, signed by twelve of them at the least, to the said sheriff, who shall immediately deliver the said verdict, with a description of the bounds of the land so valued, the warrant, and all other papers made use of in the said inquiry, to the clerk of the said county, to be safely kept in his office; and upon tendering or paying the sum of money, to which the said land, and the damages, shall be estimated, the said trustees and directors shall have a right to proceed in cutting the said canal, and shall hold the same forever, whilst the said canal shall continue to be navigable, without any hindrance or molestation from such proprietor his heirs, or assigns. Provided always, That the said trustees and directors shall give ten days notice, in writing, to such proprietor or occupier, or, in case of infancy or coverture, to the guardian or husband, of the time they intend to proceed to make such valuation: Provided also, That if it should appear that the damage done to any person's lands, through the said canal shall be cut, was not considered in such valuation, the owner of the said lands may, by applying to any magistrate of the county where the lands shall lie, procure the same to be reviewed, and such damage to be estimated in the same manner as is herein before prescribed, and shall be intitled to receive and recover the last mentioned valuation from the said trustees, and so as often as any new damage shall arise to any proprietor, not before considered and valued, such proprietor shall have the like remedy for recovering such further damage from the said trustees. | |
| II. Provided always, and be it enacted, by the authority aforesaid, That neither the counties of James City nor York, nor the inhabitants of the city of Williamsburg, shall, at any time hereafter, be taxed for or made chargeable with any expences that may attend the erecting or repairing any bridge, or bridges, to be built, by the said trustees, over the said canal, or that may be incurred for the cleansing or keeping the said canal in repair, but that the same shall, from time to time, be paid by the trustees and directors, appointed as aforesaid, and their successors. |
| Pages 526-545
| Pages 564-586
|