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Chap. 51.-An ACT increasing the tolls at Mason's bridge over Occoquan

river.

(Passed December 31, 1804.). 1. Be it enacted by the general assembly, That instead of the Tolls raised. tolls heretofore allowed by law at Mason's bridge over Occoquan river, opposite the town of Colchester, the rate of tolls shall be as followeth; that is to say: For a man eight cents, and for an horse the same; for every coach, chariot or waggon, and the driver thereof, the same as for six horses; for every phạton, four 'wheeled chaise or cart, and the driver thereof, the same as for four horses; for every two wheeled chair, as for two horses; for every hogshead of tobacco, as for one horse ; for every head of neat cattle, as for one horse; and for every sheep, goat, lamb or hog, one fourth part of the toll for one horse, and no more.

2. If the collector of tolls at the said bridge shall demand and Penalty for taking receive from any person greater rates than are hereby allowed, he shall forfeit and pay to the party injured the tolls demanded and received, and six dollars, to be recovered with costs by warrant.

3. This act shall commence and be in force from and after the Commoncoment. passing thereof.

too much.

Chap. 52.-An ACT releasing to Lodowick M'Carrol the right of the common

wealth to certain lands therein mentioned.

(Passed December 21, 1804.) 1. Be it enacted by the general assembly, That all the right, title Commonwealth's and interest which the commonwealth hath or may have in or to tract of land rocertain lands lying in the county of Brooke, and purchased by Lo- leased. dowick M'Carrol when an alien, shall be and are hereby released to the said Lodowick M'Carrol, who is now a citizen of the United States, to be by him held and enjoyed in the same manner as if he had been born a citizen of this commonwealth ; saving to all and Resorvation. every person or persons, bodies politic and corporate, other than the commonwealth, any right, title or interest which he or they might or would have had in or to the said lands, or any part thereof, if this act had not been nade. 2. This act shall be in force from the passing thereof.

Commencement.

Chap. 53.-An ACT repealing so much of the act, entitled, “ An act to increase the reward for killing wolves," as relates to the county of Lee.

(Passed January 2, 1805.) 1. Be it enacted by the general assembly, That so much of the Certain part of

law repealed. act passed the twenty-eighth day of January, one thousand seven hundred and ninety-eight, entitled, “ An act to increase the reward for killing wolves,” as allows a reward for killing wolves in the county of Lee, shall be and the same is hereby repealed. 2. This act shall be in force from the passing thereof.

Commoncement.

Chap. 54.-An ACT authorizing the auditor to receive the delinquent list of

Robert Settlington.

(Passed January 2, 1805.) 1. Be it enacted by the general assembly, That the auditor of Auditor to allow public accounts is hereby authorized and required to receive and list of delinquents. account with Robert Settlington, sheriff of Bath county, for his list of delinquents, amounting to one hundred and forty-two dollars and fifty-one cents, for the year one thousand eight hundred and two.

2. This act shall commence and be in force from and after the passing thereof.

Commencement.

Salary increased.

Chap. 55.-An ACT increasing the salary of the surgeon to the public guard and prisoners confined in the jail and penitentiary house.

(Passed December 31, 1804.) 1. Be it enacted by the general assembly, That the surgeon to the public guard, directed to be kept in the city of Richmond, and to the prisoners who are or may be confined in the jail and penitentiary house, shall be and he is hereby allowed the sum of one hun. dred dollars per annum, in addition to the salary now allowed by law, payable in the manner that his salary is now directed to be paid.

2. This act shall commence and be in force from and after the passing thereof.

Commencement.

Chap. 56.-An ACT making provision for improving and keeping in repair the road from ockerson gap to Powell's valley in the county of Lee.

(Passed January 14, 1805.] Preamble. Whereas it is represented to this present general assembly, that

a good road from Mockerson gap to Powell's valley in the county of Lee, would be of great public utility, and that owing to the scattered population and other causes, the same cannot be improved and

kept in repair by the ordinary means: Monoy appropria 1. Be it therefore enacted, That the sum of two hundred dollars ted.

be annually appropriated out of the revenue due, or which may hereafter become due to the commonwealth in the county of Lee, for the purpose of improving and keeping in repair the public road from Mockerson gap, where the Washington county line intersects it, to Powell's valley in the said county of Lee, under the regulations here

inafter mentioned. Court of Lee to 2. The court of the said county of Lee shall, at their next May appoint superintendant. session, or as soon thereafter as convenient, appoint some fit and pro

per person as superintendant of the said road, who shall enter into bond and security, in such penalty as to the said court shall appear expedient, payable to the governor for the time being, and his successors, for the use of the commonwealth, conditioned for the faithful performance of his duty; and shall moreover take an oath before the said court faithfully to execute the office of superintendant

as provided by this act. His duties. 3. The said superintendant shall, within three months thereafter,

employ so many labourers, horses and carriages, as he shall deem necessary, and shall thereupon commence the improvement of the

said road, in such manner and in such places as he shall deem proCourt of Lee to per and best calculated to promote the public interest: Provided direct him.

however, That the court of the county of Lee (a majority of all the members being present) shall have power to control the said superintendant, and to make such regulations from time to time for his government, as to them shall appear expedient; and such majority shall moreover have power, for good cause shewn them, to remove

such superintendant. Superintendant to 4. The said superintendant shall once in every month (when he bay protere ding of is employed as aforesaid) lay before the court of the said county a

statement of his proceedings, including an account of the number of hands, horses and carriages employed, and the number of days

before court of Lee.

they have been in such service; and the court being satisfied with the justice of such account, shall certify the same, together with the compensation they conceive such labourer or proprietor entitled to, and such certificate shall entitle such person or persons to receive from the sheriff of the said county such amount, to be paid out of any monies in the hands of such sheriff, collected by him on account of any revenue due from the said county. 5. The said court shall annually transmit to the executive an ac- Court to make re

turn to executive. count of the proceedings under this act, to be laid before the general assembly

6. Provided, That nothing in this act contained shall be so con- Proviso. strued as to authorize any greater expenditure in any one year than the sum herein expressly appropriated.

7. This act shall commence and be in force from and after the Commencement. first day of March next, and shall continue in force for the term of three years thereafter, and no longer.

Chap. 57.-An ACT authorizing Adam Hickman to erect a dam across the west fork of Monongalia river for certain purposes therein mentioued.

(Passed January 5, 1805.) 1. Be it enacted by the general assembly, That it shall be lawful A. Hickman may for Adam Hickman, his heirs and assigns, to erect a dam not ex. wost fork Mononceeding five feet high, across the west fork of Monongalia river in galia. the county of Harrison, for the purpose of erecting a grist and other mills : Provided always, and be it further enacted, That unless the said Adam Hickman, his heirs and assigns, shall erect a slope by or through the said dam, and keep the same in constant repair, so as to prevent any obstruction to the navigation of the said west fork, and to admit the convenient passage of fish, it shall and may be lawful for any person to pull down and destroy the said dam; sa- Reservation. ving to the owners of the soil, whose lands may be injured by the overflowing of the waters, all such redress, by suit or suits at law, for the recovery of damages, as they would have had if this act had never been passed.

3. All acts and parts of acts coming within the purview of this Repealing clause. act, shall be, and are hereby repealed.

4. This act shall commence and be in force from and after the Commencement. passing thereof.

Chap. 58.-An ACT remitting a fine to the heirs of Thomas Anderson,

deceased.

(Passed January 3, 1805.) 1. Be it enacted by the general assembly, That the fine imposed Fino remitted. on Thomas Anderson, deceased, in his lifetime, amounting to eight hundred and forty dollars, upon an indictment, shall be, and the same is hereby, to all intents and purposes, remitted to the heirs of him, the said Thomas Anderson, deceased.

2. This act shall commence and be in force from and after the Commencement. passing thereof.

Preamblo.

Road, how to be opened.

CHAP. 59.-An ACT to amend and carry into effect the several acts providing

for the opening a road from the upper navigation of James river to the upper navigation of Kanawha.

(Passed January 16, 1805.) Whereas various causes have prevented the several acts of the general assembly providing for opening a road from the upper navigation of James river to the upper navigation of Kanawha river, from being carried into effect; and it appearing to the present general assembly to be of public utility that the said road be opened :

1. Be it enacted by the general assembly, That where the same has not already been done, a road for the convenient passage of carriages be opened from the mouth of Dunlap's creek, in the county of Botetourt, by Lewisburg, in the county of Greenbrier, to the plantation formerly the property of Hugh Ballentine, in the said county, or as near thereto as convenient, according to the rout explored by commissioners appointed by the executive by virtue of ihe act, entitled, "An act providing fur the opening a road from the upper navigation of James river to the upper navigation of Kanawha river," and from thence to the plantation of John Patterson, on the top of Sewel mountain, and from thence to the mouth of Mann's creek, crossing New river, and from thence to the highest and most eligible point of navigation below the Great Falls below the Loop creek shoals on Kanawha river, as ncar as convenient to the rout explored by commissioners appointed by the general assembly at their last session, under the regulations hereinafter mentioned. The superintendant heretofore appointed shall immediately lay off the said rout into convenient precincts, and contract for the opening and clearing the same, with such persons and on such terms as in his opinion will best promote the public interest, having a due regard to economy: Provided, That no contract entered into by him shall be valid until it shall first have received the approbation of the executive.

2. The said superintendant shall require of every person with whom he shall make any such contract, bond with sufficient security, in such penalty as he may think necessary, not less than five hundred dollars, payable to the governor for the time being, and his successors, for the use of the commonwealth, conditioned that the person so contracting shall open and improve the precinct so assigned him in such manner as shall in the said condition be specially prescribed, according to the true intent and meaning of this act; and shall moreover stipulate with such persons the time and manner of payment: Provided, That the part to be paid before such precinct shall be completed shall not exceed one half of the whole sum agreed to be paid.

3. It shall be the duty of the said superintendant from time to time to view such parts of each precinct as may have been opened and improved by any contractor; and when he shall conceive the same not to admit the passage of waggons and carriages with convenience, or in any other manner insufficient, he shall direct such contractor to cause the same to be completely opened and improved ; and if such contractor shall refuse or delay to have the same effected in a convenient time, the said superintendant shall apply to the nearest justice of the peace, who shall, by warrant under his hand, appoint three disinterested freeholders to ascertain the value of such deficiency, and the amount so ascertained shall be deducted from the sum which such contractor was to receive; and he shall more

Duties of superintondant.

over be liable to an action on the bond executed by him, in which the sum of one hundred dollars shall be recovered.

4. The said superintendant shall, when any precinct is completed according to the true meaning of this act, certify the same to the executive, in order to enable the contractor for such precinct to receive the sum due him by virtue of his contract: Provided, Proviso. That the executive may suspend such payment, if from any circumstances they shall be of opinion that the purport of such certificate is untrue, or where they shall have reason to suspect any fraud or collusion.

5. The said superintendant shall receive two dollars for every Compensation to day he shall be necessarily employed in the execution of the duties superintendant. herein assigned him.

6. And whereas it is represented that a portion of the said road Commissionero to has already been opened under the direction of the said superin- opened. tendant, Be it further enacted, That Charles Arbuckle and James Anderson, junior, gentlemen, be, and are hereby appointed to view such portions of the said road as have already been opened under

tion of the said superintendant. And it shall be the duty of the said viewers, before the first day of June next, to view the same, and to state to the executive the manner in which the same has been done; and whether in their opinion the same admits the convenient passage of carriages. And is from such report the executive shall be of opinion that further improvement is necessary, they shall direct the said superintendant to contract with some person or persons for the improvement thereof, under the regulations herein before mentioned. The said viewers shall receive two dollars Compensation. each for every day they shall be employed in said service, on the same being certified by either of the courts of Greenbrier, Botetourt or Kanawha: Provided, That the whole time employed shall Proviso. not exceed thirty days.

7. This act shall be in force from and after the passing thereof. Commencement.

hauled,

Chap. 60.-An ACT to prevent the hauling of seines at certain places within

certain periods annually.

(Passed January 4, 1805.) Whereas it is represented to this present general assembly, that Preamble. the great destruction of fish occasioned by hauling seines at improper seasons of the year, is an evil of increasing magnitude : For remedy whereof,

1. Be it enacted, That it shall not be lawful for any person or Seines, when and persons to haul any seine or seines below the mouths of the dif- where not to be ferent rivers in this commonwealth, between the fifteenth day of May and the fifteenth day of August in every year; and if any person or persons shall, contrary to the true intent and meaning of this act, haul any seine or seines below the mouths of the different rivers of this commonwealth as aforesaid, between the said fifteenth day of May and the fifteenth day of August, he shall for every act of hauling, forfeit and pay ten dollars, to be recovered by warrant before any magistrate within this commonwealth, by any person who will sue for the same.

2. This act shall commence and be in force from and after the Commencement. first day of May next.

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