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who is now a citizen of the United States, to be held and enjoyed by him in the same manner as if he had been born a citizen of the same. Saving to all persons, bodies politic and corporate, (except the commonwealth) their rights to the said lot or any part thereof, in the same manner as if this act had not have been made.
2. This act shall be in force from the passing thereof.
Chap. 86.-An ACT authorizing the appointment of a mathematical surveyor of the city of Richmond, and for other purposes.
(Passed January 8, 1805.) 1. Be it enacted by the general assembly, That the common Common council council of the city of Richmond, in common hall asseinbled, may, to appoint matho
. and they are hereby empowered, to nominate a mathematical surveyor of the said city, to prescribe his duties, and to establish and regulate his salary, or fees of office; which surveyor shall be examined and commissioned in the manner directed by the law concerning county surveyors.
2. All surveys or other acts which shall be made or done by the Acts of such sursaid surveyor, by virtue of an order of any court, shall be as valid veyor valid. and effectual as if the same were made or done by a surveyor of a county.
3. And whereas, it hath been represented to this present general assembly, that a majority of the directors named in and by an act of the general assembly, passed at the May session, one thousand seven hundred and eighty, are dead, in consequence of which no board of directors can now be formed to carry into effect all the provisions of the said recited act; and it being further represented, that the opening and extension of certain streets within the said city of Richmond, would be of public utility :
4. Be it therefore enacted, That it shall and may be lawful for Common council the common council of the said city, from time to time, as they may streets, &c. deem it necessary, to extend the cross streets of the said city to James river; to connect that part of the town lying on the east side of Shockoe creek with that on the west side thereof, by a continuation of the several streets already laid out, across the said creek, till their junction with each other; to lay out and extend the way now used as a street from the northern boundary of the city of Richmond, to run by Tate's tan yard to the market house, and from thence to be continued along the western side of Robert Mitchell's tenement, where he now lives, to the river; and also to extend the street from the shot manufactory, to run near the margin of the river to Rocketts landing, as the same is now used : Provided always, Proviso. That none of the streets hereby authorized to be opened and extended, shall exceed one hundred feet in width.
5. And as the land through which some of the said streets may Court of Henrico be opened as aforesaid, is at this time claimed, as well by sundry in-hoisroom in dividuals as the corporate body of the said city, before the said damnum on appli.
& streets shall be laid off as aforesaid, the said common council, or some member thereof in their behalf, shall apply to the court of Henrico county for a writ, in the nature of a writ of ad quod damnum; which court shall accordingly, and they are hereby required to direct their clerk to issue such writ, to the sheriff of the said county to be directed, commanding him to summon and impannel twelve fit, able and discreet freeholders of his county, residing without the limits of the said city, and having no freehold therein, and
who are no ways related to any person claiming as a proprietor, such land, or any part thereof, to meet on or near the said land, on a certain day to be named by the said court, and inserted in the said writ, of which notice shall, by the said sheriff, be published at the expense of the said corporate body, in some newspaper printed in the city of Richmond, at least twenty days previous to the time appointed for the execution of the said writ; which freeholders, taking nothing of meat or drink from any person whomsoever, from the time they shall come to the said place, until their inquest is sealed, shall be charged by the said sheriff, impartially, and to the best of their skill and judgment, to view the lands through which the said streets are proposed to be opened, and say, all circumstances considered, to what damage it will be to the proprietor or proprietors thereof, if such streets be opened through the same; and if the said inquest cannot be completed in one day, the sheriff shall adjourn the said jurors from day to day, until the same shall be completed; which inquest, sealed by the jurors, together with the writ, shall be returned to the said court, and entered among the records thereof. And if it shall be finally determined, that the right to the land, or any part thereof, through which the said streets are proposed to be opened, is not in the corporate body of the said city, the damages to be assessed as aforesaid, together with legal interest thereon from the time of assessing the same, shall be paid by the said corporate body, to the person or persons who may be found to be the proprietor or proprietors of such land, his, her or their legal representatives; and upon such payment being made, the streets so to be laid off as aforesaid, shall be taken and considered as streets of the said city; but on failure to make such payment, it shall be lawful for the proprietor or proprietors of the land so to be taken for streets, to enter into and possess the same, as of his, her or their proper
estate. Proceedings of
6. And be it further enacted, That the proceedings of the direcformer directors to tors who were appointed under the act of assembly of May, one hustings court of thousand seven hundred and eighty, entitled, “ An act for locating Richmond. the public squares, to enlarge the town of Richmond, and for other
purposes," be recorded in the court of hustings of the city of Richmond.
7. This act shall be in force from the passing thereof.
ther time to im
Chap. 87.-An ACT allowing the owners of lots in certain towns a further
time to improve the said lots.
(Passed January 5, 1805.) Owners of lots in 1. Be it enacted by the general assembly, That the further time certain towos fur- of seven years, to be computed from the fifth day of January, one prove.
thousand eight hundred and five, shall be, and is hereby allowed the owners of lots in the town of Romney in the county of Hampshire; the further time of seven years, to be computed from the thirty-first day of December, one thousand eight hundred and four, to the owners of lots in the town of Jefferson in the county of Cul. peper; the further time of seven years, to be computed from the first day of January, one thousand eight hundred and six, to the owners of lots in the town of Lynchburg in the county of Campbell; the further time of seven years, to be computed from the seventeenth day of January, one thousand eight hundred and five, to the owners of lots in Germantown in the county of Franklin; the
further time of seven years, to be computed from the fifteenth day
CHAP. 88.-An ACT to amend an act, entitled, “ An act to authorize the open
ing a turnpike road over the South mountain.”
(Passed January 8, 1805.) Whereas it liath been represented to this present general assem- Preamblo. bly, that the letting of a furnpike road over the South mountain, as authorized by an act passed on the third day of January, one thousand eight hundred, has not yet taken place, owing to incalculable difficulties in the execution of the said law: For remedy whereof,
1. Be it enacted, That John Rodes, junior, of the county of Al- Additional combemarle, be, and he is hereby appointed a commissioner in addi
pointed. tion to the surviving commissioners named in the above recited act, and shall have equal power and authority with any one of the said commissioners.
2. And be it further enacted, That the aforesaid commissioners, Duties of commisor a majority of them, shall, after having given two months previous notice at the courthouses of Rockingham and Albemarle, of the time and place of letting the said road, proceed to let to the lowest bidder, the opening of the said turnpike road, on the terms, and subject to the provisions of the above recited act: Provided Proviso. always, That if the said road shall be opened from a place called the Encamping rock, at the foot of the mountain, in the county of Rockingham, to some point in the county of Albemarle, to be fixed on by the said commissioners, it shall be deemed sufficient; and so much of the above recited act as relates to the opening a turnpike road from Emmon's mill, to the said Encamping rock, shall be, and the same is hereby repealed.
3. And be it further enacted, That the said commissioners, or a Duties of commismajority of them, are hereby empowered and required, from time sioners. to time, as they shall think necessary, to view and examine the said road, after the same shall have been completed according to contract, and if they shall find the same not in sufficient repair, and the same shall continue out of sufficient repair for one month thereafter, then the said commissioners, or a majority of them, may lawfully destroy the said turnpike, or cause the same to be done, and the right of the said undertaker, or his assigns, to receive or demand any tolls or rates, shall thenceforth cease: Provided however, That before the said commissioners, or a majority of them, shall proceed to destroy, or cause to be destroyed, the said turnpike, they shall give notice, in writing, to the said undertaker, or keeper of the said turnpike, stating such particular parts of the said road as shall have been out of repair for at least one month; and if the said undertaker, or keeper, shall, within one month after the receipt of such notice, put the said road in good and sufficient repair, then the power of the said commissioners to destroy the same shall cease.
may contract with
Turnpike, how it 4. And be it further enacted, That if al any time the said turnmay be re-estaba pike shall be destroyed by the said commissioners, or a majority of
them, it shall be lawful for the said undertaker, his heirs or assigns, at any time within two months after the said road shall have been put in good and sufficient repair, to be adjudged of by the said commissioners, to re-establish the same, and to demand and re
ceive the tolls heretofore allowed by law. Penalties. 5. And be it further enacted, That if any person or persons shall
hereafter drag any log or tree attached to their waggon or waggons for the purpose of retarding the motion thereof over the said road, or injure the same in any useless manner, or shall use any means to pass the said turnpike without paying the legal tolls, he or they shall forfeit and pay to the undertaker or keeper three dollars, re
coverable by warrant, for every such offence. Commissioners 6. The said commissioners are hereby authorized to enter into a undertaker to keep contract in writing with the undertaker or undertakers, not only road in repair. with respect to the manner in which the said road shall be opened,
but that he or they, his or their heirs or assigns, will constantly keep To take bond. the said road in good repair; and moreover, shall take bond with suf
ficient security from the said undertaker or undertakers, payable to themselves and their successors, in the penalty of three thousand dollars, with a condition reciting the said contract, and that the said undertaker or undertakers, his or their heirs and assigns, shall and will faithfully perform the same; which bond shall be recorded in either of the courts of Rockingham or Albemarle, and may be prosecuted from time to time, in case of forfeiture, till the whole pe
nalty shall be recovered in damages. Vacancy among 7. In case of the death, removal, inability or refnsal to act of any commissioners, bow filled.
commissioner, the vacancy thereby occasioned shall be supplied by appointments to be made by the court of that county in which the vacancy happened; and the person or persons so appointed shall have the same power as if they had been particularly named in this
or the before recited act. Dutios of under 8. If the undertaker or undertakers shall not begin the work takor.
within one year after the same is let, or shall not complete the same within four years thereafter, in the manner prescribed by law, and the contract with the said commissioners, then shall the interest of the said undertaker or undertakers in the road aforesaid, and tolls
for passing the same, be forfeited and cease. Commencement. 9. This act shall commence and be in force from and after the
Powell's river & highway.
CHAP. 89.–An ACT declaring Powell's river a highway.
[Passed January 9, 1805.] Whereas it is represented to this general assembly, that the navigation of Powell's river is an object of importance to the citizens of this commonwealth ; wherefore, the better to secure to the inhabitants of the western country the free use of the said river,
1. Be it enacted, That the said Powell's river is hereby declared a public highway, and free for the use of the citizens of this commonwealth, in common with the citizens of the United States, from Spencer's mill to the line of the state of Tennessee.
2. And be it further enacted, That if any person or persons whatever shall hereafter obstruct the navigation thereof, or the passage of fish in the same, by erecting any mill-dam, or any dam for other
Penalty for ob. structing said water course.
public works, across the said river, the said dam or dams shall be considered a nuisance, and he or they so offending shall forfeit and pay the sum of twenty-five dollars for every day they shall continue the same, to be recovered by action of debt or information, and be applied towards lessening the county levy of that county in which the said offence shall be committed.
3. Provided nevertheless, That nothing in this act shall be so Proviso. construed as to prevent the citizens of this commonwealth from making dams of loose stones in the said river for the purpose of catching fish.
4. This act shall commence and be in force from and after the commencement. passing thereof.
CHAP. 90.-An ACT authorizing the auditor to give credit to Francis White
for his list of insolvents and delinquents for the year 1803, upon certain conditions.
(Passed January 12, 1805.) 1. Be it enacted by the general assembly, That the auditor of Auditor to credit public accounts is hereby authorized and required to allow Francis E.: White for cerWhite a credit on the execution sued out on behalf of the commonwealth against him, for his delinquent and insolvent lists, for the upper district of the county of Hampshire, for the year one thousand eight hundred and three, so soon as they shall be certified by the court of the said county.
2. This act shall be in force from and after the passing thereof. Commoncoment.
CHAP. 91.-An ACT refunding to Charles Carter a certain sum of money,
with the interest.
(Passed January 4, 1805.) Whereas it appears to this general assembly, that Charles Carter, Preamble. deputy sheriff for Alexander Barnet, sheriff of Russell county, did, on the twenty-second day of October, in the year one thousand seven hundred and ninety, pay into the treasury of this commonwealth the sum of twenty-six pounds nine shillings and six pence, on account of the revenue tax due from the said county for the year one thousand seven hundred and eighty-seven, but, through mistake, took a receipt for the year one thousand seven hundred and eightyeight; and whereas it appears further, that a judgment was obtained against the securities of the said Alexander Barnet for a balance of the revenue tax of the said county for the year aforesaid, with fifteen per centum damages and costs, all of which have been paid into the treasury:
1. Be it therefore enacted, That it shall be lawful for the auditor Auditor to grant of public accounts, and he is hereby required to issue to the said warrant to Charles Charles Carter a warrant on the treasury for the said sum of twentysix pounds nine shillings and six pence, with legal interest thereon from the time the same was paid into the treasury.
2. This act shall commence and be in force from and after the Commencement. passing thereof.