CHAP. 32.—An ACT authorizing a toll-bridge over Pagan creek, in the county Pagan creek. 1. Be it enacted by the general assembly, That it shall be lawful Toll bridge over for Joseph Hodsden and Thomas Pierce, their heirs or assigns, to J. Hodsden and erect a toll-bridge across Pagan creek, at the said Hodsden's point, T. Pierce. in the county of Isle of Wight. 2. So soon as the said bridge shall be completed, it shall be lawful Tolls. for the said Joseph Hodsden and Thomas Pierce, their heirs and assigns, to demand and receive the following tolls and rates for the passage of any person or thing, that is to say: For a man five cents, and for an horse the same; and for the passage of wheel carriages, tobacco, cattle and other beasts over the said bridge, the said Joseph Hodsden and Thomas Pierce, their heirs and assigns, may demand and take the following tolls, that is to say: For every coach, chariot, four wheel chaise or waggon, and the driver thereof, the same as for six horses; for every cart, two wheeled chaise or chair, the same as for two horses; for every head of neat cattle, as for one horse; for every hogshead of tobacco, as for one horse; for every sheep, goat, lamb or hog, one cent and no more. 3. If the collector of the tolls at the said place shall demand and Penalty for exact. ing too high tolls. 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 two dollars, to be recovered with costs before a justice of the peace of the said county: Provided always, That the said bridge shall Proviso. be so constructed that the navigation of the said creek may not thereby be injured or affected, under the penalty of one hundred dollars, to be recovered by bill, plaint or information in any court of record within this commonwealth, one half to the use of the informer, and the other half to the use of the commonwealth. 4. This act shall commence and be in force from and after the Commencement. passing thereof. CHAP. 33.-An ACT remitting a fine to Drury Woodson. (Passed January 6, 1806.) Drury Woodson. 1. Be it enacted by the general assembly, That the three fines, Fine refunded to amounting in the whole to the sum of sixty dollars, imposed on Drury Woodson by a regimental court of enquiry held for the seventeenth Virginia regiment, in the county of Cumberland, shall be, and they are hereby directed to be refunded; and that the auditor of public accounts is hereby authorized and required to issue his warrant on the treasury to the said Woodson, in person or by attorney, for the aforesaid sum of sixty dollars, to be paid out of any monies therein. 2. This act shall commence and be in force from and after the Commencement. passing thereof. CHAP. 34.-An ACT allowing certain insolvencies to the account of William Cole, deceased. (Passed January 7, 1806.) 1. Be it enacted by the general assembly, That the auditor of Credit for certain public accounts is hereby authorized and required to receive the list insolvencies to the representatives of of insolvent militia fines of William Cole, deceased, who acted as Wm. Cole, dec. sheriff of Prince George county for the years eighteen hundred and Commencement. Preamble. Number of trus be chosen for two and eighteen hundred and three, and was collector of the militia fines for the year eighteen hundred and one, which list amounted to one hundred and fifty dollars, and place the same to the credit of his account; and that thirty-nine dollars and two cents, the amount of taxes due in the year eighteen hundred and three for the tax of eighteen hundred and one, by insolvent persons, shall also be placed to the credit of the account of the said William Cole, deceased. 2. This act shall commence and be in force from and after the passing thereof. CHAP. 35.-An ACT to amend the act, entitled, " An act concerning the town of Abingdon." (Passed January 6, 1806.) Whereas it is represented to this general assembly, that the powers heretofore granted to the trustees of the town of Abingdon, are insufficient for the purposes intended by the said recited act: 1. Be it therefore enacted, That hereafter there shall be only ten tees hereafter to trustees elected for the town of Abingdon, and that at all future town of Abingdon. elections for trustees, the persons voting shall deliver to the sheriff or other officer taking the polls, a ticket containing a list of the persons whom he votes for as trustees, with his name written on Mode of election, the back thereof; and it shall be the duty of such sheriff or other officer, to keep a poll book, wherein he shall insert the names of the voters as they deliver their tickets, and at the close of the election, he shall count the tickets in the presence of the clerk of the polls and of two trustees then in office, and shall certify to the court the persons having the greatest number of ballots, who are hereby declared to be duly elected; and the poll book being signed by the clerk of the polls, shall be deposited in the clerk's office for the county of Washington. Vacancies among trustees how filled. Additional powers granted them. May appoint con. 2. Vacancies which may happen in the office of trustees of the said town, by death, resignation or removal to the distance of two miles from the said town, or from any other cause, may be supplied by the remaining trustees or a majority of them, and the trustees so appointed, shall have the same powers as those who have been elected, until the next general election. 3. And be it further enacted, That in addition to the powers heretofore granted to them, the said trustees, or a majority, are hereby authorized to impose fines, not exceeding ten dollars, on persons who may create nuisances within the limits of the said town of Abingdon, and shall have power to pass bye-laws to restrain negroes from wandering about the streets after night; to appoint surveyors of the streets and alleys; to restrain hogs from running at large within the limits of the said town; and generally, to pass such other bye-laws, rules and regulations, not contrary to the laws of this state, or of the United States, as they shall deem necessary for the good order and government of the said town, and to enforce the execution thereof, under penalties not exceeding ten dollars, to be recovered with costs, by warrant, before any justice of the peace for the county of Washington. 4. And be it further enacted, That it shall and may be lawful stablo or sergeant. for the said trustees, or a majority of them, to appoint annually, one or more constables or town sergeants, who, previous to the execu tion of any of the duties prescribed by this act, shall take an oath covered and appropriated. 5. All the penalties which accrue by virtue of this act, shall and Penalties, how remay be recovered in the names of the trustees of Abingdon, and the money, when received, shall, by the said trustees, be applied in such manner as they shall think best for the benefit of the said town. 6. All acts and parts of acts coming within the purview of this Repealing clause. act, shall be, and the same are hereby repealed. 7. This act shall commence and be in force from and after the Commencement. passing thereof. CHAP. 36.—An ACT divorcing Ayres Tatham from his wife Tabitha. (Passed January 6, 1806.) vorced from his 1. Be it enacted by the general assembly, That a marriage so- Ayres Tatham dilemnized between Ayres Tatham and a certain Tabitha Tatham, wife Tabitha shall be, and is hereby dissolved, and the said Ayres Tatham forever divorced from the said Tabitha; that the power of the said Ayres over the person and property of the said Tabitha shall entirely cease; and that the said Ayres shall no longer be bound by any promise or contract which may hereafter be made or entered into by the said Tabitha. 2. This act shall be in force from the passing thereof. CHAP. 37.-An ACT establishing a town on the land of James Simpson in the county of Botetourt. (Passed January 6, 1806.) Commencement. established on tourt 1. Be it enacted by the general assembly, That the land of Town of Salem James Simpson near the upper end of the county of Botetourt, as land of James the same is already laid off into lots and streets, shall be established Simpson in Botea town by the name of Salem; and that James Mason, William Trustees. Lewis, Elijah M'Clenahan, William Blain, Lewis Cooper, John King and John Brough, gentlemen, shall be, and they are hereby constituted trustees thereof. 2. The trustees of the said town, or a majority of them, are Their powers. 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 the said town shall have built a dwelling house thereon equal to twelve feet square, with a brick or stone chimney, 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 Vacancies among' of the said trustees, shall be supplied by the remaining trustees, or how filled. Commencement. Addition to West a majority of them; and the persons so elected shall have the same power as if they had been named in this act. 3. This act shall commence and be in force from and after the passing thereof. CHAP. 38.-An ACT making an addition to Westbrook warehouse in the town of Petersburg. [Passed January 7, 1806.] 1. Be it enacted by the general assembly, That the fire proof brook warehouse. brick building appendant to Westbrook warehouse, the property of James Byrne, in the town of Petersburg, shall be, and is hereby constituted and made a part of the said warehouse. Commencement. 2. This act shall commence and be in force from and after the passing thereof. Preamble. Commissioners ap of upon certain real estate of John Peyton, dec. CHAP. 39.-An ACT authorizing a sale of part of the real estate of John Pey ton, deceased. [Passed January 7, 1806.] Whereas, it has been represented to the general assembly, by the widow, such of the heirs as are of age, the guardians of the infant heirs, and the administrators of the estate of John Peyton, late of the borough of Winchester, who died intestate in or about the month of October, in the year one thousand eight hundred and four, that it would greatly contribute to the present ease and convenience, and to the future interest of the said widow and heirs, if part of the real estate of the said John Peyton, in the borough of Winchester, and in the counties of Frederick and Berkeley, could be sold to discharge a debt due to John Morrow of Shepherdstown, and secured by mortgage on some very valuable lands in the county of Jefferson : And whereas, it has, in like manner been represented, that there are judgment and specialty demands to a considerable amount against the said estate, to discharge which, little or no personal assets will remain after paying simple contract debts due and owing from said estate; and that it will be very injurious to the rights of the creditors, as well as to the interest of the heirs, if those demands cannot be satisfied, till after tedious, expensive and multiplied suits at common law and in chancery; and it appearing satisfactorily to have been the intention of the said intestate, to have subjected a part of his real estate to sale in order to disencumber the balance, and that such a measure will be conducive to the interest of his widow and children: 1. Be it therefore enacted, That Edward Smith, James Singleton, pointed to dispose Joseph Tidball, William Davidson and Henry Daingerfield, be, and terms, part of the they are hereby appointed commissioners, who, or any three or more of whom, are hereby empowered and directed, to sell as speedily as possible, and in such manner as they shall judge most advisable (having respect to the rights of the creditors, and the interests of the widow and orphans), and for the best prices that can be obtained, such and so much of the real estate of the decedent in the borough of Winchester, and in the counties of Frederick and Berkeley, as will be sufficient to satisfy what shall remain due of the said mortgage, judgment and specialty claims, after applying to the discharge of the same, the balance of the personal assets, if any, which shall remain after paying the simple contract debts due and owing from the said decedent's estate, and pay, or secure to be paid, to the re anoes. spective creditors, in such time and manner as shall be satisfactory to them, the amount of their several demands; and should any surplus remain after the payment of the said demands, the same shall be considered real estate, and as such be distributed. And the said To make conveycommissioners, or any three or more of them, are hereby fully authorized to make and execute such deed or deeds as may be necessary for conveying a good and sufficient title to any real estate that may be sold by them by virtue of this act. And in their selection of the property to be sold by virtue hereof, the said commissioners shall regard the present convenience and future interest of the aforesaid widow and heirs; and their proceedings when sanctioned Proceedings to be by the county court of Frederick, to which they are hereby directed returned to county to report the same, shall be valid to confirm the titles to the purchaser or purchasers against all persons claiming under the said John Peyton, deceased. 2. This act shall be in force from the passing thereof. CHAP. 40.-An ACT to increase the salaries of the inspectors at Woodson's warehouse. (Passed January 7, 1806.) court of Frederick. Commencement. Whereas, it is represented that the salaries allowed to the in- Preamble. spectors of tobacco at Woodson's warehouse, near the town of Cartersville, are inadequate to their services: tors at Woodson's 1. Be it therefore enacted by the general assembly, That there Salaries of inspecshall hereafter be allowed and paid annually to each of the inspec- warehouse raised. tors at the said warehouse, the sum of two hundred and eighty dollars in lieu of the salaries heretofore allowed by law. 2. This act shall commence and be in force from the passing Commencement. thereof. CHAP. 41.-An ACT establishing a turnpike over the Blue Ridge at Thorn ton's gap. [Passed January 7, 1806.] over the Blue 1. Be it enacted by the general assembly, That Isaac Strickler, Commissioners to employ undertaJohn Roads, Chrisly Furrer, Andrew Kiser and John Fristoe, are ker to repair road appointed commissioners, who, or a majority of them, are hereby au- Ridge at Thornthorized and empowered to contract and agree with some person for ton's gap. clearing, repairing and improving the road from the land of Martin Shenk on the north-west side of the Blue Ridge in the county of Shenandoah, over the Blue Ridge at Thornton's gap to Francis Yate's tavern on the south-east side; and the contract so to be made shall be in writing, signed by the undertaker and commissioners, or a majority of them, and attested by two or more witnesses, and proved and recorded in the county court of Shenandoah; and the Undertaker to give commissioners shall moreover take bond with sufficient security from the said undertaker, payable to themselves and their successors, in the penalty of five thousand dollars, with a condition reciting the contract, and that the said undertaker and his assigns, shall and will truly and faithfully perform the same within two years from the date thereof; which bond shall also be recorded in the court of the said county of Shenandoah, and may be prosecuted from time to time, in case of forfeiture, until the whole penalty shall be recovered in damages. bond. |