Pages 241-261
|  Pages 283-305
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| Pages 241-261
| Pages 283-305
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| CHAP. XIX. An act respecting the deputy register's office in the district of Kentucky. (Passed December 17th, 1791.) | ||
| SECT. 1. BE it enacted by the General Assembly, That the deputy register of the district of Kentucky, shall retain in his office all plats and certificates of surveys which are now, or which shall come into his office before the first day of June next, there to remain until the general assembly of Kentucky shall give directions respecting them. | Certain plats of surveys to be retained by the deputy register in his office. | |
| SECT. 2. This act shall commence and be in force from the passage thereof. | Commencement of the act. | |
 CHAP. XX. | ||
| ||
| (Passed December 15th, 1791.) | ||
| SECT. 1. BE it enacted by the General Assembly, That whenever it shall so happen that the person appointed to superintend the election of overseers of the poor in any district, shall fail to attend agreeable to his appointment, or in case there be no election, on account of the non-attendance of the electors, or in case of the death, refusal, or disability of any overseer or overseers of the poor, the county court shall, and they are hereby required at their next court, to fill up any vacancy that may so happen. | County courts to appoint overseers of the poor in certain cases. | |
| SECT. 2. If the number of the overseers of the poor of any county required by law, shall not assemble on the day appointed for their annual meeting, it shall be lawful for a sufficient number to meet and perform the business on any subsequent day in the month of September. | Annual meeting of overseers of the poor may be on any day in September. |
| SECT. 3. The sheriff or collector of the poor rates in every county or corporation, shall annually on or before the first day of May, pay, by order of two or more overseers of the poor, the money or tobacco to the several persons for whom it was levied or assessed, and on failing or neglecting so to do, it shall be lawful for the party to recover the same by motion in the court of the county or corporation where such failure or neglect happen: Provided always, That the sheriff or collector has ten days previous notice of every such motion. | Poor rates, when to be accounted for by the collector. |
| SECT. 4. Wheresoever any overseer or overseers of the poor have or may hereafter receive of the collectors of the poor rates any money or tobacco, and shall fail to pay the same to the person or persons entitled thereto, when demanded, such person or persons, their heirs, executors, or administrators, shall have the same remedy against such overseer or overseers, their heirs, executors, or administrators, as he, or they, might have had against the collector if the money or tobacco had remained in his hands. | Remedy against overseer of the poor for withholding rates. |
| SECT. 5. In case of the death of any person appointed to collect the poor rates at any time before his collection begins, the overseers of the poor shall and may have power to assemble and appoint another collector, of whom they shall take bond with sufficient security in the same manner as is directed to be taken of a collector appointed at their annual meeting; which collector shall have the same powers, and be subject to the same rules and regulations, and be moved against the same manner, as other collectors of the poor rates. | Another collector to be appointed where the first dies. |
| SECT. 6. On all executions which may issue against any collector of the poor rates, his heirs, executors, or administrators, or against any overseer or overseers, of the poor, his or their heirs, executors or administrators, on any judgment obtained, or which may hereafter be obtained against him or them, for, or on account of any money or tobacco which have or may hereafter come to his or their hands, levied for the support of the poor, the clerk shall endorse "no security to be taken." | No security to be taken on executions against overseers or collectors for poor rates. |
| SECT. 7. And be it further enacted, That all fines and forfeitures inflicted under the penal laws, which are appropriated to the use of the county towards lessening the levy for the support of the poor, shall be made distrainable and accounted for by the sheriff in the same manner | Fines appropriated to lessening the levy for the poor to be distrained for. |
| as the fines appropriated for the use of the county towards lessening the levy thereof. | ||
| SECT. 8. And be it further enacted, That in future the overseers of the poor shall levy the poor rates in specie only. | Poor rates to be levied in specie. | |
| SECT. 9. So much of all and every act as comes within the purview of this act, shall be and is hereby repealed. | Repealing clause. | |
| CHAP. XXI. | ||
| ||
| (Passed November 21st, 1791.) | ||
| SECT. 1. BE it enacted by the General Assembly, That the treasurer of this Commonwealth shall be authorised and directed to subscribe in behalf of the same, to the amount of fifty shares in the Dismal Swamp Canal Company, and the money necessary in consequence of such subscription, shall be paid to the order of the president and directors of the Dismal Swamp Canal Company, in the same proportion as shall be required from individual subscribers. | Treasurer to subscribe for fifty shares in the Dismal Swamp Canal Company, | |
| SECT. 2. And the treasurer for the time being, shall have a right to vote according to such shares, in person, or by proxy, appointed by him, at the meetings of the said company, and shall receive the proportion of the tolls which shall from time to time become due to this state from the shares aforesaid. | to vote in meetings of the company, and receive the state's proportion of the tolls. | |
| SECT. 3. This act shall commence and be in force from the passage thereof. | ||
| CHAP. XXII. An act concerning the salary of the Register of the land-office. (Passed November 25th, 1791.) | ||
| WHEREAS, the act appropriating the fees of the land-office in aid of the public revenue, and placing the | Preamble. |
| register, his deputies and assistants on the civil list, and also one other act, intituled, "An act for regulating and fixing the salaries of the officers of civil government," provide, that the register of the land-office shall have and receive the sum of eight hundred pounds per annum in lieu of the allowance before that time established by law. And whereas the district of Kentucky is about to be erected into a separate, distinct, and independent state, from and after the first day of June next ensuing, whereby the duties of the register will be much lessened; Be it therefore enacted by the General Assembly, That from and after the said first day of June, the register shall be allowed the sum of four hundred pounds per annum, in lieu of the allowance heretofore made by law, for performing the duties of the said office, and no more. | Salary of the register after the first of June
next. |
| CHAP. XXIII. An act for the regulation of Ferries. (Passed December 15th, 1791.) | |
| SECT. 1. BE it enacted, That all ferries heretofore established, and which have been wholly disused and unfrequented for the space of two years, shall be, and the same are hereby discontinued, unless the persons entitled to keep the same, shall within the space of twelve months after the passing of this act, procure all necessary boats and ferrymen for the transportation of passengers at their respective ferries. | Ferries which have been or may be disused for two years discontinued. |
| SECT. 2. All ferries now established, and
which may be hereafter disused and unfrequented for the space of two years, shall be likewise
discontinued, unless necessary boats and ferrymen are prepared for the same within the space of
six months after the expiration of the said two years. SECT. 3. And all ferries which may be hereafter established, and which shall not be furnished with necessary boats and ferrymen are prepared for the same within the space of six months after the establishment thereof, or shall at any time thereafter be wholly disused and unfrequented for the space of two years, shall be, and the same are hereby discontinued. |
Ferries hereafter established and not provided with boats &c. in six months, or disused for two years discontinued. |
| SECT. 4. And it shall be lawful for the court of the county in which such ferry or ferries shall be, on complaint to them made, to summon the proprietor or proprietors of the same, to shew cause why it shall not be discontinued, and to decide according the testimony adduced. Nothing contained in this act shall extend to the district of Kentucky. | County courts to summon proprietors and hear complaints. Exception as to the district of Kentucky. | |
| CHAP. XXIV. | ||
| ||
| (Passed December 6th, 1791.) | ||
| SECT. 1. WHEREAS it is represented to the present General Assembly, that doubts have arisen whether tobacco can be received at the treasury in discharge of the bonds given to the commissioners appointed under the act of the last session, intituled, "An act for the better securing certain debts within mentioned, due and owing to the Commonwealth:" For remedy whereof, Be it enacted, That the treasurer of the Commonwealth shall be, and he is hereby authorised and directed to receive crop or transfer tobacco in discharge of the said bonds, at the same rates and under the same restrictions, as are prescribed in the admission of tobacco from sheriffs in discharge of the arrearages of the revenue taxes for the years one thousand seven hundred and eighty-two, and one thousand seven hundred and eighty-three; any law to the contrary thereof notwithstanding. | Preamble. Tobacco to be received in discharge of certain debts due to the state. | |
| SECT. 2. This act shall commence and be in force from and after the passing thereof. | Commencement of the act. |
| CHAP. XXV. An act to amend the act concerning Pilots. (Passed December 15th, 1791.) | |
| SECT. 1. WHEREAS by an act passed at the October session, in the year one thousand seven hundred and eighty-six, intituled, "An act to amend and reduce into one act, the several acts for regulating pilots, and ascertaining their fees," certain persons were appointed to examine such as were desirous to be admitted pilots, previous to their undertaking that business: And it has been represented to the present General Assembly that the number of examiners appointed by the said recited act, has been reduced by death, resignation, or otherwise: Be it therefore enacted, That James Cunningham, Francis Ballard, John Parish, and Edward Rudd, shall be, and they are hereby added to the remaining examiners appointed by the said act, and shall exercise the duties of their office in manner therein prescribed: Provided, That every examiner shall previously take an oath in some court of record within this Commonwealth, truly and impartially to discharge the duties of his office according to law. | Preamble. Certain persons added to the examiners of pilots; oath to be taken by them. |
| SECT. 2. From and after the first day of March next, the pilots belonging to this Commonwealth shall be arranged into three distinct classes, and distinguished by the numbers first class, second class. It shall be lawful for those pilots only who, in the opinion of the said examiners, are qualified to obtain a branch or permit in the first class, to take the charge and pilotage of every vessel of whatsoever burthen or description. Those arranged in the second class, shall be confined to the charge and pilotage of such vessels whose draft of water do not exceed twelve feet; and those arranged in the third class, shall be confined to the charge and pilotage of such vessels whose draft of water shall not exceed nine feet. | Pilots to be divided into classes. |
| SECT. 3. That on or before the first day of June next, every person who has obtained a branch to exercise the business of a pilot, shall return the same to the examiners, who shall thereupon deliver a new branch without fee or reward. Any pilot failing to renew his branch | To return their branches and take out others. |
| agreeable to this act, shall be disqualified from acting as a pilot, and may be removed from any ship or vessel by any pilot, having a branch agreeable to this act. | |
| SECT. 4. Every application to the examines in future for a branch, shall be accompanied with proof that the person applying has served as an apprentice to a branch pilot for the term of five years at least, and that he is an inhabitant of this state. | Branches to be granted only to those who have been apprentices to pilots. |
| SECT. 5. Every person obtaining a branch, and afterwards removing into another state, shall thereupon be disqualified and incapable of acting as a pilot; and if any person so disqualified shall presume to act, he shall be liable to the same penalty for each offence, as is imposed by this act on such as violate the terms of their branch and respective class, to be recovered in like manner. | Pilots removing out of the state to be disqualified. |
| SECT. 6. And be it further enacted, that when any branch pilot shall have an apprentice, that in the opinion of such branch pilot shall be qualified to take charge and pilot a vessel, it shall be lawful for such branch pilot to give to his apprentice or apprentices a copy of his branch, and indorse thereon the name of the pilot-boat and the port to which she belongs, distinguishing the ability of the apprentice by classes as aforesaid; after which it shall not be lawful for any branch pilot to take from such apprentice any vessel he may have in charge. | Pilots may give copies of their branches to their apprentices. |
| SECT. 7. In case of misconduct or misbehaviour in any pilot in the exercise of his business, it shall be lawful for the examiners to suspend him; and if on examination before the next succeeding court of his county, the court shall be of opinion that such misconduct or misbehaviour is sufficiently proven, they shall cause the same to be certified to the examiners, and the person shall thenceforth be altogether disqualified, and cease to act as a pilot. | Mode of suspending and disqualifying pilots. |
| SECT. 8. Every pilot boat, the owner whereof hath or shall obtain a branch or permit in this state, shall have, ten feet below the head of the foresail, and on each side thereof, the name of such boat and the port to which she belongs, painted in letters of not less than nine inches in length. | Mode of suspending and disqualifying pilots. |
| SECT. 9. So much of the said recited act as comes within the purview of this act, shall be, and the same is hereby repealed. | Repealing clause. |
| CHAP. XXVI. | ||
| ||
| (Passed November 14th, 1791.) | ||
| SECT. 1. BE it enacted by the General Assembly, That from and after the passing of this act, the city of Williamsburg shall have a right to use the public gaol therein, as the gaol of the said city; and the district gaoler therein, shall act as keeper of the gaol of the said city. Nothing in this act shall alter or impair the right of the county of James City, or of the district wherein Williamsburg is, to the use of the said public gaol. | Public gaol in Williamsburg, to be used by the city, James City county, and the district court. | |
| SECT. 2. And be it further enacted, That whenever the gaol of a county is used as a district gaol, the keeper of the county gaol, and no other, shall act as keeper of the gaol of the said district; any act or part of an act to the contrary notwithstanding. | County gaolers, to act as gaolers of the district. | |
| CHAP. XXVII. | ||
| ||
| (Passed December 17th, 1791.) | ||
| SECT. 1. BE it enacted, That every person who shall be proprietor of any boat or other vessel, which shall be employed in navigating the waters of James river and it branches above the great falls at Richmond, in the transportation of any produce or merchandise whatsoever, either raised or manufactured within this Commonwealth, or imported from any other place without the same, shall in the clerk's office of the county in which the said proprietor or proprietors shall then live, enter the number of each boat or vessel so to be employed, which number, together with the name of the county, and the name of the owner or owners of such boat or vessel, shall be written or painted on each side of the said vessel, on some conspicuous part of the outside | Number of every boat and owner's name, and residence to be painted on it, and entered in the clerk's office. |
| thereof, in large and plain letters, not less than four inches in length. | |
| SECT. 2. If the owner or owners of any boat or vessel, which shall be employed in navigating the waters of the said river, above the falls thereof as aforesaid, shall fail to enter in the clerk's office as aforesaid the name or names of the owner or owners, the name of the county in which he or they shall reside, and the number of each boat or other vessel as aforesaid, or shall fail to writ or paint the name or names of the owner or owners of the said boat or other vessel in manner above directed, so as to continue plain and legible as long as the said boat or other vessel shall forfeit and pay the sum of twenty shillings for every day he, she, or they shall neglect to comply with the purposes of this act, to be recovered by any person who may sue for the same, by warrant from a magistrate, allowing the said owner or owners one month after the first day of April next, to attend to the requisitions aforesaid. | Penalty for failure. |
| SECT. 3. This act shall commence and be in force after the first day of April next. | Commencement of the act. |
| CHAP. XXVIII. An act concerning the reassessment of the lands in Amelia and Nottoway. (Passed December 9th, 1791.) | |
| SECT. 1. WHEREAS by virtue of an act, intituled, "An act for reassessing the lands in the counties of Amelia and Nottoway," a revaluation hath been made of all the lands included in the county of Amelia before the late division thereof, and now included in the counties of Amelia and Nottoway, and a book containing the valuation of the said lands hath been laid before the General Assembly pursuant to the directions of the above recited act: Be it therefore enacted, That two copies of the said book of accounts, so far as it respects each county, shall on or before the twentieth day of February next, be made out by the clerk of the house of delegates, one | Preamble. Copies of the valuation to be sent to the commissioners of the land |
| of which copies he shall transmit to the commissioner of the tax for the county of Amelia, and one other copy to the commissioners of the tax for the county of Nottoway; and the said original book of accounts he shall transmit to the auditor of public accounts; and the said commissioners and auditor of public accounts, are hereby respectively required and directed to grant receipts for the same. And each of the said county commissioners, are hereby required and directed to cause a copy of the book thus delivered to each, to be delivered to the sheriff of his respective county on or before the first day of April next; by which the sheriff shall proceed to collect from every person named therein, the same per centum on the sum charged in the said book as is paid by the other counties of this state on the sums respectively charged in their books of accounts, and no more. | tax; the original to be delivered to the auditor, and copies to the sheriffs. |
| SECT. 2. And be it further enacted, That the valuation contained in the said books shall hereafter be deemed and taken as the valuation and assessment of the lands in the said counties of Amelia and Nottoway on which the land tax is to be imposed and collected; and the commissioners of the said counties shall respectively take the same for their future guide and direction, and in every respect they are to be governed by the same rules and regulations, and to be subjected to the same penalties as are prescribed for the commissioners of the tax in the other counties of this state. | To be deemed in future the valuation of the lands in the said counties. |
| SECT. 3. This act shall commence and be in force from the passing thereof. | Commencement of the act. |
| CHAP. XXIX. An act to revive the inspection of Tobacco at Crutchfield's in Hanover-town. (Passed December 13th, 1791.) | |
| SECT. 1. BE it enacted by the General Assembly, That the inspection of tobacco at Crutchfield's, in Hanover-town, shall be, and the same is hereby revived and established. | Inspection at Crutchfield's revived. |
| SECT. 2. There shall be allowed and paid annually to each of the inspectors at the said warehouse, the sum of sixty pounds for their salary. The proprietor of the said warehouse shall build the same at his own expence, and if the quantity of tobacco inspected at the said warehouse shall not be sufficient to pay the usual charges and the inspectors salaries, the deficiency shall not be paid by the public. | Inspector's salaries. Warehouse to be built by the proprietor. To be discontiued, if the tobacco will not pay the charges. |
| SECT. 3. This act shall commence and be in force from the passage thereof. | |
| CHAP. XXX. An act to establish an inspection of Tobacco in the county of Woodford. (Passed December 3d, 1791.) | |
| SECT. 1. BE it enacted by the General Assembly, That an inspection of tobacco shall be, and the same is hereby established on the lands of James Wilkinson, at Frankfort, in the county of Woodford, to be called and known by the name of Frankfort warehouse; the proprietor whereof shall build the same at his own expence. | Inspection established at Frankfort. Warehouse to be built by the proprietor. |
| SECT. 2. There shall be allowed and paid annually to each of the inspectors at the said warehouse, the sum of twenty-five pounds for their salary. | Inspectors salaries. |
| SECT. 3. If the quantity of tobacco inspected at the said warehouse, shall not be sufficient to pay the usual charges and the inspectors salaries, the deficiency shall not be paid by the public. | To be discontinued if the tobacco will not pay the charges. |
| SECT. 4. This act shall commence and be in force on the first day of January next. |
| CHAP. XXXI. An act for establishing several inspections of Tobacco. (Passed 7th of December, 1791.) | |
| SECT. 1. BE it enacted by the General Assembly, That inspections of tobacco shall be, and they are hereby established at the following places, to wit: On the lands of John Lynch, at his ferry in the county of Amherst, to be called and known by the name of Amherst warehouse; on the lands of Richard Booker, at Booker's ferry, on Stanton river, in the county of Halifax, to be called and known by the name of Booker's warehouse; and on the lands of John Horseley, at the mouth of Bent creek, in the county of Buckingham, to be called and known by the name of Horseley's warehouse; the proprietors whereof shall build the same at their own expense. | Inspections established at Lynch's ferry, at Booker's ferry, and at the mouth of Bent creek. Warehouses, by whom to be built. |
| SECT. 2. There shall be allowed and paid annually to each of the inspectors at Amherst warehouse, the sum of thirty pounds; to each of the inspectors at Booker's warehouse, the sum of forty pounds; and to each of the inspectors at Horseley's warehouse, the sum of thirty pounds, for their salaries. | Inspectors salaries. |
| SECT. 3. If the quantity of tobacco inspected at the said warehouses shall not be sufficient to pay the usual charges and the inspectors salaries, the deficiency shall not be paid by the public. | To be discontinued if the tobacco does not pay the charges. |
| SECT. 4. This act shall commence and be in force on the first day of January next. | |
| CHAP. XXXII. An act concerning the inspection of Tobacco at Trent's warehouses. (Passed December 6th, 1791.) | |
| SECT. 1. WHEREAS by an act of Assembly passed in the year one thousand seven hundred and eighty-eight, | Preamble. |
| intituled, "An act for establishing an inspection of tobacco on the lots of Alexander and Peterfield Trent, in the town of Manchester," It is provided, that no tobacco shall be received for inspection at the said warehouses, nor any inspectors be appointed for the same, until the court of Chesterfield county shall be of opinion, and enter the same of record, that the proprietors have built the said warehouses according to the directions of the said act; And whereas it is represented to this present assembly, that part of the building shave been erected and completed, so as to contain a considerable quantity of tobacco, and others are in great forwardness, and it will be of public utility to open the inspection at the said warehouses: Be it therefore enacted, That an inspection of tobacco shall be, and the same is hereby established at the said warehouses, in like manner as if the same had been built pursuant to the directions of the said recited act; any law to the contrary thereof notwithstanding. | Inspection to be opened at Trent's warehouses. | |
| SECT. 2. This act shall commence and be in force from and after the passing thereof. | Commencement of the act. | |
| CHAP. XXXIII. | ||
| ||
| (Passed November 25th, 1791.) | ||
| BE it enacted by the General Assembly, That the courts of the counties of Hampshire, Hardy and Pendleton, shall, and they are hereby empowered and required, from time to time, to appoint so many commissioners as they may judge proper, to examine the slopes made in the mill dams on the south branch of Patowmac river, and make report to the said courts whether in their opinion the same are constructed in such a manner as to answer the purposes intended by the act intituled, "An act for improving the navigation of the south branch of Patowmac river." | Commissioners to be appointed to examine slopes in the mill dams. |
| CHAP. XXXIV. | ||
| ||
| (Passed November 21st, 1791.) | ||
| SECT. 1. WHEREAS on application of the president and directors of the Patowmac company, an act was passed during the last session of the General Assembly, which among other things, did grant to the said company, the right to open, extend and improve the navigation of the branches of the Patowmac river above Seneca, which grant was made from an expectation that the said company would proceed forthwith in improving the navigation of the said branches: Be it therefore enacted by the General Assembly, That the said grant shall be forfeited, unless the company aforesaid proceed within twelve months from the date hereof, in the opening and improving the navigation of the said branches. | Preamble. Right to improve the navigation of the branches forfeited unless it is begun within twelve months. | |
| SECT. 2. And be it further enacted, That it shall and may be lawful for persons not citizens of this commonwealth to purchase and hold the subscribed as well as the non-subscribed shares of the Patowmac company. Provided, That the persons so purchasing, shall not thereby become citizens of this commonwealth. | Persons not citizens may purchase subscribed shares. | |
| CHAP. XXXV. An act to appoint commissioners to examine Banister river. (Passed December 16th, 1791.) | ||
| BE it enacted by the General Assembly, That Matthew Clay, Thomas Watkins, John Wilson, George Adams, David Hunt, William Todd, Robert Williams, Haines Morgan, Stephen Coleman, James Anderson, Beverley Barksdale, and John Markham, gentlemen, or a majority | Commissioners appointed to examine obstructions to the passage of fish up the river, |
| of them, shall, and they are hereby required to examine the obstructions to the passage of fish in Banister river, beginning the M'Daniel's mill, and inquire if the obstructions were removed, whether the fish which might pass up the said river, would be an object sufficient to justify the breaking down the mills built thereon, or to compel the owners to make slopes in their dams, and report their proceedings with their opinion thereupon to the next Assembly. | and make report to the Assembly. | |
| CHAP. XXXVI. | ||
| ||
| (Passed December 7th, 1791.) | ||
| SECT. 1. BE it enacted by the General Assembly, That courts of quarter session for the county of Westmoreland, appointed by law to be held in the months of March, August and November, shall, from and after the passing of this act, be held in the months of February, July and October, annually, instead thereof; that the courts of quarter session directed by law to be held in the county of Cumberland in the months of March, May, August and November, shall hereafter be held in the months of February, April, July and October annually, instead thereof; that the court of quarter sessions directed by law to be held in the county of King George in the month of May annually, shall hereafter be held in the month of June, instead thereof; and that the courts of quarter session for the county of Hampshire shall hereafter be held in the months of March, May, September and November, annually, instead of the months heretofore appointed by law. | When the quarterly courts shall be held in the counties of
Westmoreland, Cumberland, King George, and Hampshire. | |
| SECT. 2. A court for the said county of Hampshire shall be held by the justices thereof on the last Tuesday in every month, instead of the Thursday after the second Tuesday. A court for the county of Amherst shall be held by the justices thereof on the third Monday in every | Court days of Hampshire and Amherst counties. |
| month, instead of the first Monday. Any law to the contrary notwithstanding. | ||
| SECT. 3. This act shall commence and be in force on the first day of January next. | Commencement of the act. | |
| CHAP. XXXVII. | ||
| ||
| (Passed December 16th, 1791.) | ||
| BE it enacted, That from and after the passing of this act, a court of quarter sessions shall be held for the county of Frederick in the month of June annually, instead of the court of quarter sessions which was heretofore held for the said county in the month of May annually. | A quarterly court for the county of Frederick to be held in June annually. | |
| CHAP. XXXVIII. | ||
| ||
| (Passed November 5th, 1791.) | ||
| BE it enacted by the General Assembly, That so much of the act, intituled, "An act for killing crows and squirrels within certain counties," as relates to the counties of Madison and Woodford, shall be, and the same is hereby repealed. | The act, as to Madison and Woodford counties repealed. |
| CHAP. XXXIX. An act for clearing Banister river. (Passed December 1st, 1791.) | |
| SECT. 1. WHEREAS extending the navigation of Banister river, from its confluence with Dan river up to M'Daniel's mill, will be of public utility: Be it therefore enacted by the General Assembly, That George Carrington, William Terry, Nathaniel Terry, William Thompson, Edmund King, William M'Daniel, Meadis Anderson, Francis M. Petty, and David Powell, gentlemen, be, and they are hereby constituted and appointed trustees for clearing Banister river, up to M'Daniel's mill, and they are respectively authorised and impowered to take and receive subscriptions for that purpose. | Preamble. Trustees appointed for clearing the river, to receive subscriptions: |
| SECT. 2. If any person or persons shall neglect or refuse to pay the money subscribed for the purpose of this act, it shall and may be lawful for the trustees, or any five of them, to recover the same by motion in any court of record within this commonwealth, on giving reasonable notice thereof. | How to be recovered. |
| SECT. 3. The said trustees, or any five of them, shall have power and authority to contract and agree with any person or persons, for clearing the said river up to M'Daniel's mill, in such manner as to the said trustees shall seem most proper, and to remove all hedges, rocks or stops, which may in any wise obstruct the said navigation, taking bond with good security of the said persons, in a reasonable penalty to the said trustees, for the use of the subscribers, conditioned faithfully to perform the said agreement. | Duties of the trustees. |
| SECT. 4. The said trustees, or any five of them, as often as they may see occasion, shall appoint one or more of their number, to be receiver or receivers of all monies that shall be subscribed for the purpose of this act; and the person or persons so appointed, shall, in the court of the county where he or they reside, give bond with sufficient security, in a reasonable penalty, payable to this Commonwealth, with condition, that he or they, his or their heirs, executors or administrators, at all times when required, shall and will truly and faithfully account with the said trustees, for all monies, which shall come | Receiver to be appointed, who shall give bond and serity. |
| to the hands of such receiver or receivers for the purpose of this act, and pay the same to such person or persons, as the said trustees, or any five of those who may act, shall order and direct. | |
| SECT. 5. Upon the refusal or neglect of the said receiver or receivers, to account for or pay the money by him or them received, according to the order and direction of the said trustees, it may be lawful for the trustees, or any five of them, to recover the same with interest and costs, by motion against the said receiver or receivers, and his or their securities, jointly or severally, in any court of record in this Commonwealth, giving ten days previous notice of such motion. | How to be proceeded against for failing to account. |
| SECT. 6. And be it further enacted, That if any person shall fall any tree, or make any hedge or stop in the said river, from the confluence with Dan river to M'Daniel's mill, after the first day of March next, or shall aid or assist in falling or making such tree, hedge or stop, the person so offending, shall, for every such offence, forfeit and pay the sum of fifty pounds, to be recovered with costs, by bill, plaint or information, in any court of record, in the names of the trustees, or their successors, for the use of the subscribers under this act, in the proportion to the sums by them respectively subscribed. | Penalty on person felling a tree into the river, or making hedge or stop therein. |
| SECT. 7. In case of the death, resignation, or removal out of the county of Halifax, or other legal disability of any one or more of the said trustees, it shall and may be lawful for the surviving or remaining trustees, or any five of them, from time to time, to elect others in their stead, so as to keep up the number of nine; and the trustees so chosen, shall be vested with the same power and authority, as any others in this act particularly named. | Vacancies in the trustees, how to be supplied. |
| SECT. 8. This act shall commence and be in force from the passing thereof. | Commencement of the act. |
| CHAP. XL. | ||
| ||
| (Passed December 12th, 1791.) | ||
| SECT. 1. WHEREAS it is represented to this present General Assembly, that considerable donations have been made for the support of the poor of the parish of Suffolk, in the county of Nansemond, and that such donations have been applied to the relief of the poor in general in the said county, contrary to the intention and design of those who made the said donations: Be it therefore enacted, That the overseers of the poor within the district of the said parish, or a majority of them, shall meet at such convenient place as they or a majority of them shall appoint, on the third Monday in September annually, and then and there adjust and settle the charges of supporting the poor in the said parish, separate and distinct from the rest of the county, and to levy and assess upon the taxables therein, subject to county levy, the amount of the poor rate, under the like rules and regulations, and to be collected, accounted for and paid in the same manner, and under the like penalties as are directed, prescribed, and inflicted by the several laws respecting the poor in the several counties within this Commonwealth. | Preamble. Poor of Suffolk parish, how to be provided for. | |
| SECT. 2. So much of all and every act or acts as comes within the purview of this act, is hereby repealed. | Repealing clause. | |
| SECT. 3. This act shall commence and be in force from and after the first day of January next. | Commencement of the act. | |
| CHAP. XLI. | ||
| ||
| (Passed December 7th, 1791.) | ||
| SECT. 1. BE it enacted by the General Assembly, That it shall and may be lawful for Francis Thornton, his | Francis Thornton authorised to |
| heirs and assigns, to erect across Rappahannock river, from any part of his lands in the county of Spotsylvania, opposite to the town of Falmouth | build a toll bridge across Rappahannock river: |
| SECT. 2. Provided always, and be it further enacted, That the damages which the persons holding lands may sustain, by means of building the said bridge adjoining to or upon their lands, as well as damages, that persons holding lots adjacent to the said bridge may sustain, by opening a way to the same, shall be previously valued by a jury, in the same manner as is directed by law in the case of public squares in the city of Richmond, and such valuation paid to the proprietors. | to make compensation to owners of lots for injuries done thereto. |
| SECT. 3. Provided also, That this act shall not be construed to give the said Francis Thornton, his heirs or assigns, a right to take any part of an improved lot or lots in the town of Falmouth, adjacent to the said river. | |
| SECT. 4. So soon as the said bridge shall be completed, it shall be lawful for the said Francis Thornton, his heirs or assigns, to demand and receive the following rates and tolls, that is to say: The price for a man, three pence, for a horse the same; 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 ever sheep, goat or lamb, one fifth part of the toll for one horse; and for every hog, one fourth part of the toll for one horse. And if the said Francis Thornton, his heirs or assigns, shall demand and receive from any person or persons whatsoever, any greater rates than are hereby allowed, he or they shall for every such offence, forfeit and pay to the party aggrieved, the rates received, and ten shillings; to be recovered with costs, before a justice of the peace of the county where the offence shall be committed. | Rates for passing the bridge. |
| SECT. 5. The said bridge shall be so constructed, that the navigation of the said river may not thereby be injured or affected, nor shall any tops or other obstructions to the passage of fish be placed or fixed at or near the said bridge, under the penalty of one hundred pounds; to be recovered by bill, plaint or information, in any court of record within this Commonwealth; one half to the use of the informer, the other to the use of the Commonwealth. | Not to place in the river obstruction to the navigation or the passage of fish. |
| SECT. 6. And be it further enacted, That if the said Francis Thornton, his heirs or assigns, shall not begin to build the said bridge within two years, or shall fail to complete it in seven years, or after the completion thereof, shall neglect to keep the same in proper condition for convenient passage, during the space of two years, he, or they, shall thenceforth be deprived of the benefit of this act. | Bridge to be built with a limited time. | |
| CHAP. XLII. | ||
| ||
| (Passed December 16th, 1791.) | ||
| SECT. 1. BE it enacted by the General Assembly, That a public ferry shall be constantly kept at the following place, and the rates for passing the same as followeth; that is to say: From the land of James Caldwell, in the county of Ohio, across the mouth of Wheeling creek, to the land of Ebenezer Zane, on the opposite shore, for a man two pence, and for a horse the same. And for the transportation of wheel carriages, tobacco, cattle, and other beasts, at the place aforesaid, the ferry keeper may demand and take the same rates as are by law established at other ferries. | Ferry established across Wheeling creek. Rates. | |
| SECT. 2. If the ferry keeper shall demand or receive from any person or persons whatsoever, any greater rates than are hereby allowed for the ferriage or carriage of any thing, he shall for every such offence, forfeit and pay to the party grieved, the ferriage demanded or received, and ten shillings; to be recovered with costs before a justice of the peace of the county where the offence shall be committed. | Penalty on ferry-keeper demanding more than the legal rates. |
| Pages 241-261
| Pages 283-305
|