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lished a town by the name of New York, and that Samuel Black, Trustees.
2. That fifty acres of land, the property of Matthew Wright in On the land of M. the county of Bedford, so soon as the same shall be laid off into ford
Wright in Bed lots of half an acre each, with convenient streets, be established a town by the name of Patesburg; and that Joseph Stith, James Trustees. Johnston, Cornelius Pate, Isaac James, William Shrewsberry, Nathaniel Shrewsberry and Tommy Wright, shall be, and they are hereby appointed trustees thereof.
3. So soon as the said lands, where the same hath not already Their powora. been done, shall respectively be laid off into lots, the trustees thereof, or a majority of them, shall proceed to sell the same, at public auction, for the best price that can be had, the time and place of such sale being first advertised at the door of the courthouse of the county in which the land lies, and in some newspaper published nearest thereto, for two months successively, previous to such sale, and to convey the said lots 'to the purchasers in fee, subject to the condition of building on each a dwelling house equal to twelve feet square, with a brick or stone chimney, to be finished fit for habitation, within five years from the day of sale, and pay the money arising from such sales to the proprietors of the said lands respectively, or their legal representatives.
4. If the purchaser of any lot in either of the said towns, shall fail to build thereon, within the time limited in his deed of conveyance, the trustees of the said town, or a majority of them, where the lot has been sold by them, and where such failure happens, may thereupon enter into such lot, and sell the same again, and apply the money for the benefit of the inhabitants of the said town.
5. The trustees of the said towns, respectively, or a majority of And duties. them, are empowered to make such rules and orders for the regular building of houses therein, as to them shall seem best, and to settle and determine all disputes concerning the bounds of the lots. So soon as the purchaser of any lot, in either of the said towns, shall have built a dwelling house thereon, agreeable to the provisions of this act, such purchaser shall enjoy the same privileges that the freeholders and inhabitants of other towns not incorporated hold and enjoy. Vacancies by death or otherwise, of any one or more of the trustees of the said towns respectively, shall be supplied by the remaining trustees, and the persons so elected, shall have the same power as if they had been named in this act. 6. This act shall be in force from the passing thereof.
Chap. 72.-An ACT concerning the bridge erected by Alexander Wells and
others over Buffaloe creek.
(Passed January 18, 1805.) 1. Be it enacted by the general assembly, That it shall be lawful Court of Brooko for the justices of the court of Brooke county, and they are hereby mialpolert.comrequired at their court to be held in the month of March next, to appoint five commissioners, whose duty it shall be to examine the Their duties. bridge erected by Alexander Wells and others, over Buffaloe creek in the said county, and ascertain, as well as they can, the proba
ble expense incurred by the said Alexander Wells and others, in building the said bridge, and in repairs thereon, together with the cost of a house by them erected for the receiver of tolls
at the said bridge, and likewise the amount of tolls that have Proprietors when been received by them from persons using the same. And upon a bridge to be used report of the opinions of the said commissioners, or such of them for the county.
as may act, being made to the said court, if it shall appear to them that the proprietors of the said bridge have been reimbursed the expense of building the said bridge and house, and of the repairs thereon, with interest after the rate of six per centom per annum on such expenses, the said bridge shall thereafter be taken for the use of the said county, and by the said court rented, sold or regulated for the use of the said county; but if it shall appear that the proprietors of the said bridge have not been reimbursed the expenses and interest aforesaid, the said court, a majority of the justices of the said county being present, may, if they shall deem it expedient, cause whatever balance may appear to be due to the said proprietors, for the expenses by them incurred in building the said bridge and house, together with such sums as may have been expended in necessary repairs thereon, with the interest aforesaid, deducting therefrom the nett profits by them received from the said bridge, with interest thereon, to be calculated on each year's receipt, from the date thereof, after the rate aforesaid, to be assessed in the next county levy, for the benefit of the said proprietors, and direct the same to be paid accordingly; whereupon, the said bridge shall be vested in ihe court of the said county, for the benefit of the county, subject to the order and direction of the court as aforesaid: Provided however, That it shall and may be lawful for the said proprietors or their representatives, to continue to demand and receive the tolls allowed by an act passed the fifteenth day of January, one thousand seven hundred and ninety-eight, entitled, “ An act to authorize the receipt of tolls at the bridge built over Buffaloe creek in the county of Brooke, for a limited time," for the passage of any person or thing over the said bridge, until the said court shall make provision in manner aforesaid for the balance which may appear to be due for the expenses aforesaid, and interest thereon: And provided also, That unless such provision shall be made in the next county levy to be laid for the said county of Brooke, the said proprietors shall thenceforward be seized in fee in the bridge and house aforesaid, with the right to collect and receive thereat the tolls allowed and granted by the aforesaid act of
assembly. Proprietors liable 2. The proprietors of the said bridge shall be liable for all dafor damage sustained by bad con- mages that may be sustained in consequence of the same not bedition of bridge. ing kept in good repair; which damages may be recovered by the
party grieved before the court of the said county of Brooke. Commencement. 3. This act shall be in force from and after the first day of
Caap. 73.–An ACT making compensation to certain commissioners.
(Passed January 7, 1805.) Whereas by a resolution of the assembly of Virginia, at their last session, commissioners were appointed to wait on the legislalure of Tennessee, with authority to enter into stipulations for the purpose of opening the navigation of the Holston river, and it ap
pears to this general assembly, that Francis Preston, William King and Henry, St. John Dixon, gentlemen, three of the said commissioners, performed that duty, and were, for the space of twenty days, necessarily engaged therein:
1. Be it therefore enacted by the general assembly, That the Auditor to grant auditor of public accounts shall be, and he hereby is authorized to issue a warrant in favour of the said three commissioners for the sum of two hundred and forty dollars, which shall be paid out of any money in the treasury.
2. This act shall commence and be in force from and after the Commencement. passage thereof.
Chap. 74.-An ACT authorizing Benjamin Wilson, junior, to erect a dam
across the west fork of Monongalia river.
(Passed December 22, 1804.) 1. Be it enacted by the general assembly, That Benjamin Wil. B. Wilson to erect son, junior, shall be and he is hereby authorized to erect a dam, not fork Monongalia. exceeding five feet high, from his land in the county of Harrison, across the west fork of the Monongalia river, below the mouth of Elk creek, to the land of David Carpenter, for the purpose of establishing iron works, water grist-mill, saw-mill, or any other machine or engine useful to the public: Provided always, That the said proprietor shall be obliged to erect a sufficient slope by or through the saine for the convenient and safe navigation of the said river, to be adjudged of by commissioners to be appointed by the court of the said county. If the proprietor of the said dam shall fail or neglect Court may appoint to make such slope and keep the same in constant repair, it shall be commissioners. lawful for the court of the said county, upon the application of any person or persons, to appoint three commissioners, any two or more of whom may act, to view the said slope, and report to the said court the situation thereof; and if upon such report, or other satisfactory evidence to them offered, they shall be of opinion that the said slope is not kept in such repair and condition as is required by this act, they shall direct the sheriff of the said county to cause the said dam to be pulled down at the proper cost of the proprietor thereof: Provided, The proprietor of the said dam shall have had ten days previous notice in writing of such application for the appointment of the said commissioners.
2. And be it further enacted, That it shall be lawful for the said D. Carpenter may David Carpenter, if he chooses so to do, to sue out of the court of have writ for dathe said county of Harrison, within six months after the passage of this law, a writ, in the nature of a writ of.ad quod damnum, to ascertain whether he will receive any and what damage by the erection of the said dam, which damage, if any shall be found, shall be paid to the said David Carpenter by the said Benjamin Wilson, previous to the erection of the said dam; saving also to the owners of the lands above and below the said dam, all such remedy or remedies for injuries to their lands, by action, suit or otherwise, which they would have had if this act had never been made.
3. All acts and parts of acts coming within the purview of this Repealing clause. act, shall be, and the same are hereby repealed.
4. This act shall commence and be in force from and after the commencement. passing thereof.
Tobacco inspec. tions revived.
CHAP. 75.-An ACT reviving several inspections of tobaceo.
(Passed January 8, 1805.) 1. Be it enacted by the general assembly, That the inspection of tobacco at Totuskey warehouse in the county of Richinond, at Glasscock's warehouse in the said county, and at Deep creek warehouse in the county of Lancaster, and under the same inspection with the aforesaid Glasscock's warehouse; at Nomony warehouse in the county of Westmoreland; at Leeds's warehouse and Mattox warehouse in the same county, under one inspection; at Yeocomico warehouse and Kinsale warehouse in the same county, under one inspection; in the county of Lancaster, at Daris's warehouse and at Lowry's warehouse, under one inspection; and in the county of King George, at Gibson's warehouse and at Boyd's Hole and Machodack warehouses, under one inspection, shall be and they are hereby revived and re-established, under the like rules and regula. tions as prescribed by law for other inspections of tobacco.
2. And be it further enacted, That the inspectors of the said warehouses shall be entitled to the like salaries as have been heretofore allowed by law: Provided always, and be it further enacted, That if the quantity of tobacco inspected at the said warehouses respectively, shall not be sufficient to pay the inspectors' salaries and the usual charges, the deficiency shall not be paid by the public.
3. This act shall be in force from the passing thereof.
Chap. 76.-An ACT to raise by lottery a sum of money for the benefit of
(Passed January 10, 1805.)
2. This act shall be in force from the passing thereof.
sons to solemnizo
Chap. 77.–An ACT authorizing the court of Mason county to appoint one or more persons to solemnize the rites of marriage within the said county.
(Passed January 2, 1805.) Court of Magon
1. Be it enacted by the general assembly, That the court of the may appoint per. county of Mason may appoint two persons, being actual residents marriages.
of the said county, with full power and authority to celebrate the rites of matrimony therein, and in case of death, inability to act, or removal out of the county, of either of the persons so appointed, it shall be lawful for the said court' to supply the vacancy thereby occasioned, and the person so appointed shall have the same powers
with the one originally appointed. Persons, dution of, 2. Every person appointed as aforesaid, shall be qualified in like
manner, discharge the like duties, be subject to the like penalties for breach thereof, recoverable in like manner, and shall be entitled to the same fees, as are directed and prescribed in the acts of as
sembly for regulating the solemnization of marriages. Commencement.
3. This act shall be in force from and after the passing thereof.
CHAP. 78.-An ACT incorporating
a library company in the county of Prince
(Passed December 19, 1804.) Whereas, sundry inhabitants of the county of Prince Edward, Preamble. and of some of the adjacent counties, have formed themselves into a society for the purpose of procuring a library for their benefit and improvement, and have petitioned the general assembly to incorporate them, with authority of enforcing such regulations relative to the institution, as may be adopted by the said society or such members thereof as may be appointed for that purpose :
1. Be it therefore enacted by the general assembly, That the pre- Library company sent members of the said society, and such other persons as shall incorporated. hereafter become owners of shares in the said library, shall be, and are hereby established a body corporate, by the name of “The Library Company of Prince Edward."
2. And be it further enacted, That the following persons, to wit : Directors. Samuel W. Venable, Goodridge Wilson, Archibald Alexander, Matthew Lyle, Drury Lacy, James Morton, John B. Scott, William Cowan and John H. Rice, who have already been appointed by the shareholders in the said company, directors for managing the business thereof, or any five of them, shall have power to appoint a pre- Their powers, dusident, vice-president, treasurer and librarian, and such other offi- ties, &c. cers and agents as they shall think fit for conducting the business of the institution, to establish such rules and regulations relative thereto, as to them shall seem best, and to impose such pecuniary penalties not exceeding twenty dollars, as they shall deem necessary for breach of any of the said regulations.
3. The treasurer, before he enters upon the execution of the du- Treasurer to give ties of his office, shall give bond with approved security, in such penalty as may be required by the directors of the said company, for the time being, and their successors, and payable to the said directors, with condition for the faithful execution of the said duties; which bond may be prosecuted upon, so often as a breach thereof shall be committed.
* 4. The persons named in this act as directors of the said com- Directors, how pany, shall continue to exercise the powers herein given them, for often appvinted. the term of twelve months from the period at which they were elected by the society aforesaid ; at the end of which term, and at the end of every year thereafter, the owners of shares in the said company shall meet at such place as shall be appointed by them, and then and there choose nine other persons to act as directors during the term of one year next ensuing such election, who shall be invested with all the powers hereby granted to the persons in this act particularly named as directors. At every such election, the persons last appointed as directors, or any of them, may be reelected.
5. If from any cause, the election of the nine persons to serve as If directors not directors should not be holden on the day prescribed in this act, in pointed, how to that case, the election shall take place as soon as possible after the proceed. impediment is removed; and until such election shall be held, the persons last actįng as directors shall continue to hold and exercise iheir offices until a new election shall take place. 6. All the penalties imposed by virtue of this act, shall be reco- Penalties, how re
covered. verable by motion, upon ten days notice being given, in the name of the directors of the said company for the time being, and their