5. And be it further enacted, That if any officer commanding Penalties on offia company shall fail to comply with the duties prescribed by this cers. act, he shall forfeit and pay twenty dollars. And if any major or commandant of a battalion shall fail to comply with the duties hereby prescribed, he shall forfeit and pay thirty dollars; and commandants of regiments failing to comply with the duties hereby imposed on them, shall for every failure forfeit and pay.forty dollars each. 6. And be it further enacted, That the artificers employed in the Artificers in mamanufactory of arms in the city of Richmond shall be embodied in nufactory of arms to be embodied, one or more companies, as the executive may direct, and be com- &c. manded by such officers as the governor, with the advice of council, may appoint and commission; and shall be an independent corps, and act as guard to the manufactory of arms whenever the executive may direct or require the same. from resigning for 7. And be it further enacted, That no officer hereafter accepting Officer prohibited a commission in the militia of this commonwealth, shall be at liberty five years. to resign the same for the term of five years after qualification, without the consent of the regimental court of enquiry, or of the executive of this commonwealth. uniform. 8. And whereas a difference of opinion at this time exists among Regulations as to the officers as to their uniform when on duty, and for remedy thereof, Be it enacted, That the executive shall, and they are hereby authorized to declare by proclamation, what shall be the uniform of the militia of this commonwealth; and the several officers shall be governed accordingly. 9. This act shall commence and be in force from and after the Commencement. passing thereof. CHAP. 5.-An ACT authorizing a sum of money to be raised by lottery for the improvement of the road leading from Wood courthouse to Clarksburg. (Passed December 17, 1805.) county. 1. Be it enacted, That John Stephenson, Hugh Phelps, George Lottery in Wood D. Avery, Jacob Beeson, Stephen R. Wilson, Thomas Tavener and James G. Laidley, or a majority of them, are hereby authorized to raise by one or more lotteries the sum of three thousand dollars, to be applied under the direction of the court of the county of Wood towards improving the road leading from Wood courthouse to Clarksburg in Harrison county. 2. This act to commence and be in force from the passing thereof. Commencing CHAP. 6.-An ACT authorizing the overseers of the poor of Hampshire county to recover a certain sum of money of the late sheriff of the said county, for the purpose therein mentioned. [Passed December 18, 1805.] clause. amount of Francis riff. 1. Be it enacted by the general assembly, That the overseers of Overseers of the the poor of the county of Hampshire shall be, and they are hereby authorized to repoor of Hampshire authorized to demand and receive of Francis White, late sheriff of cover a certain the said county, his executors or administrators, such sum or sums White, late sheof money as have been collected by the said sheriff in consequence of a levy laid and assessed by the court of the said county, for the purpose of opening and clearing a certain road through the aforesaid county and the county of Berkeley, by virtue of the act of assembly passed the twenty-first day of January, one thousand eight hundred and one, entitled, " An act to revive and amend an act for Commencement. Tobacco warehouse authorized opening a road through the counties of Berkeley and Hampshire." And in case of refusal of the said sheriff, his executors or administrators, to pay the money aforesaid, or so much thereof as appears to be due from the said sheriff, it shall and may be lawful for the said overseers to obtain judgment, by motion in the court of the said county of Hampshire, against the said sheriff, his executors or administrators, or against the securities of the said sheriff, ten days previous notice being first given of such motion. And the said money, when received by the said overseers, shall be by them applied towards the erection of a poor-house in the said county of Hampshire, or in any other manner that they may think best for the benefit of the poor of the said county. 2. This act shall be in force from the passing thereof. CHAP. 7.-An ACT authorizing George Cabell, senior, to erect a public warehouse on his land. [Passed December 18, 1805.] 1. Be it enacted by the general assembly, That it shall be lawful for George Cabell, senior, to erect a public warehouse on his land Cabell, sen, near at a point formed by the junction of Blackwater with James river, on land of George Lynchburg. Campbell court to recommend inspectors. To deliver mani.. fest, &c. Duty on tobacco. Notes not receivable for prior debts. Proviso. Commencement. Preamble. near the town of Lynchburg in the county of Campbell, to be built of brick or stone, covered with slate or tile, and called and known by the name of Blackwater warehouse. 2. So soon as the said warehouse shall be fit for the reception of tobacco, the court of the said county of Campbell shall recommend two proper persons to be commissioned inspectors thereof. There shall be allowed and paid annually to each of the inspectors at the said warehouse, the sum of two hundred and fifty dollars for their salary. 3. The inspectors at the said warehouse, upon the delivery of. their notes, or an order where they have not issued notes, shall deliver the tobacco for transportation, with a printed manifest expressing the owner's name, the name of the skipper of the batteau or canoe, with the marks, number and weight of the tobacco, and stamped with the warehouse name. 4. The impost and duty on tobacco inspected at the said warehouse shall be the same, and collected, accounted for and paid in like manner, as is directed and prescribed by law for other tobacco inspections. 5. No person shall be obliged to receive any notes for tobacco passed at the said warehouse, in discharge of any tobacco contract heretofore entered into: Provided always, That 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. 6. This act shall commence and be in force from and after the passing thereof. CHAF. 8.-An ACT concerning certain lots in the town of Springfield. Whereas it is represented that certain lots in the town of Spring. field in the county of Hampshire, in consequence of their being subject to be frequently overflowed, cannot, without great inconvenience and expense to the owners, be improved in the manner directed by law: lots in town of 1. Be it therefore enacted by the general assembly, That upon a Certain owners of report in writing being made by the trustees of the said town to the Springfield ex. court of the said county, and therein entered of record, describing empted from imthe lots which in their opinions are situated as aforesaid, the owners on certain terms. thereof shall not thereafter be compelled to improve the same as aforesaid. 2. This act shall be in force from the passing thereof. CHAP. 9.-An ACT to incorporate a company to build a toll-bridge over the north fork of Shenandoah river, from the town of New Haven to Port Republic in the county of Rockingham. (Passed December 18, 1805.) proving the same Commencement. raising a sum for Republic to New 1. Be it enacted by the general assembly, That subscriptions be Subscription for opened under the direction of George Huston, John Carthrea, ju- building a tollnior, Gideon Morgan, Charles Lewis, Benjamin Lewis, William bridge from Port Lewis and George Gilmore, or a majority of them, in the towns of Haven. New Haven and Port Republic in the county of Rockingham, on the twenty-fifth day of March next, notice whereof shall be given by advertisement at the courthouse door of said county two several court days previous thereto, for raising a capital stock of two thousand dollars, in shares of twenty dollars each, for the purpose of erecting a toll-bridge over the north fork of the Shenandoah river, from the town of New Haven to Port Republic; and that each person do, upon subscribing, pay to the person or persons receiving the same under the authority of this act, five dollars upon each share so subscribed for, and that the remainder of the said twenty dollars payable upon each share, shall be thereafter called for by the company or their agent, at such times and in such proportions as they shall find necessary, giving two weeks notice by advertising at the courthouse door, of the sum required upon such share, and the time of making such payment; and if any subscriber, his executors, administrators or assigns, shall fail to pay the sum called for upon each share so held by him, her or them, at the time appointed for such payment, the same may be recovered, where the sum called for shall amount to twenty dollars and upwards, by a motion in any court of record within this commonwealth, giving the holder or holders of such share or shares, their executors or administrators, ten days notice of such motion; and where the sum called for shall be less than twenty dollars, by petition or warrant, as the case may be. ated a body corpo 2. Be it further enacted, That all those who shall become sub- Subscribers crescribers to the company, their successors or assigns, shall be and are rate. hereby created a body politic and corporate, for the purpose aforesaid, by the name of the Shenandoah Toll-Bridge Company; and shall by that name have succession, and shall be able to sue and be sued, implead and be impleaded, in all courts of law or equity within this commonwealth or elsewhere, and to ordain and make such byelaws, ordinances and regulations, as shall appear necessary for regulating the concerns of the company, not contrary to this act, the constitution and laws of this commonwealth or the United States. 3. So soon as the said bridge shall be completed, it shall be law- Rates of toll. ful for the said company, their heirs and assigns, to demand and receive the following tolls and rates, for the passage of the following things, that is to say: For a man, four cents; for a horse, four cents; for every coach, waggon, chariot, and the driver, the same as for six horses; for every four wheeled chaise or phaton, and the Penalty for overcharging. Commencement. Additional trus tees for town of Milton. Number of trus tees who may act. Commencement. corporate towns. driver, the same as for four horses; for every two wheeled riding carriage, the same as for two horses; for every cart, the same as for three horses; for every head of neat cattle, two cents; for every sheep, hog, goat, or lamb, one cent. 4. If the collector of the tolls at the said bridge shall demand and receive from any person greater rates than are hereby allowed for the passage of any thing, he shall, for every such offence, forfeit and pay to the party grieved, the tolls demanded and received, and four dollars, to be recovered with costs before any justice of the peace of the county of Rockingham. 5. This act shall commence and be in force from and after the passing thereof. CHAP. 10.-An ACT appointing other trustees of the town of Milton. [Passed December 19, 1805.] 1. Be it enacted by the general assembly, That in addition to the persons heretofore appointed trustees of the town of Milton in the county of Albemarle, William W. Hening, James Lewis, Triplet T. Estes, Kemp Catlett, Matthew Henderson, David Mickie, David Anderson and William G. Garner, gentlemen, shall be, and are hereby constituted and appointed trustees of the said town. 2. Any four or more of the trustees of the said town shall have power to make such rules and orders as they shall think proper, for the regular building of houses therein, and to do all other things which heretofore might have been done by a majority of the said trustees. 3. This act shall be in force from the passing thereof.. CHAP. 11.-An ACT to amend an act, entitled, " An act providing for the (Passed December 19, 1805.) poor, Proceedings in Be it enacted by the general assembly, That if any single white case of bastards in woman residing within the limits of any corporate town, shall be delivered of a bastard child, which shall be chargeable, or likely to become chargeable to such town, and shall, upon examination before any magistrate of the corporation, to be taken in writing, upon oath, charge any person not being a servant, with being the father of such bastard child, it shall be lawful for any justice of the peace of the county, or magistrate of the corporation wherein the person so charged shall be a resident or inhabitant, upon application made by any person residing in the corporation wherein the said child shall be born, to issue his warrant for the immediate apprehending the person as aforesaid, and for bringing him before such justice or magistrate; and the justice or magistrate before whom such person shall be brought, is hereby authorized and required to commit the person so charged as aforesaid, to the common jail of his county or corporation, unless he shall enter into a recognizance with sufficient security, in a sum not less than fifty dollars, nor more than two hundred dollars, upon condition to appear at the next court to be held for his county or corporation, and to abide such order or orders as shall be made by such court. And if, upon the circumstances of the case, the court shall adjudge the person so charged, to be the father of such bastard child, and that such child is likely to become chargeable to the town in which the mother is a resident, they shall and may in their discretion, take order for keeping such bastard child, by charging the father with the payment of money CHAP. 12.-An ACT to authorize the county court of Lee to erect a turnpike or toll-gate on the road leading from Mockerson gap to Cumberland gap, through the said county.. (Passed December 21, 1805.) Whereas it is represented to this general assembly, that a turn- Preamble. pike or toll-gate on the road leading from Mockerson gap to Cumberland gap, through the county of Lee, for the purpose of keeping the said road in repair, would be of public utility: 1. Be it therefore enacted, That the court of the said county of Court of Lee counLee are hereby authorized, at their next March court, or as soon ty to fix upon place for toll gate. thereafter as shall be convenient, a majority of the members being present, to fix upon such place on the said road, for the erection of such gate, as to them shall seem most expedient, and shall have power to contract for the building and completing such gate, and shall moreover appoint a keeper thereof, who shall enter into bond and sufficient security to the court then sitting, in such sum as the said court shall think just, for the faithful performance of the duties of his office, and shall account with the said court monthly, upon oath, for all monies he shall receive by virtue of this act: Provided nevertheless, That such gate shall not be erected on that part of the said road lying between its junction with the Russell county road and Lee courthouse. 2. And be it further enacted, That the said court shall have May lay road off power from time to time, to lay off such districts on said road, as to into districts. |