Undertaker may Tolls. Proviso. 2. In consideration of the great expense which the said underestablish turnpike. taker will be put to in repairing and keeping the said road in repair, it shall and may be lawful for him and his assigns, after the said road shall be completed, to fix and establish a turnpike, at such place thereon as he and the said commissioners shall judge most convenient, and to demand and receive the following tolls or rates for passing the same, that is to say: For every coach, chariot or waggon, the driver and horses, twenty-five cents; for every four wheeled chaise, or phaton and horses, seventeen cents; for every riding chair, or cart and horse, twelve and one half cents; for every man and horse, six and one fourth cents; for every head of black cattle, three cents; for every head of sheep or hogs, one cent: Provided always, That it shall and may be lawful for the said undertaker or his assigns, to demand and receive half the tolls or rates hereby allowed, when the said road shall be completed and finished from the top of the Blue Ridge to Jenkins's land, to be adjudged and approved by the said commissioners, or a majority of them, of which they shall give the said undertaker a certificate; and when the residue of the said road shall be finished according to contract, to be adjudged and approved by the said commissioners, or a majority of them, a report thereof shall be by them made to the next court to be held for the said county of Shenandoah, and entered of record; and from thence-forth full tolls or rates may be demanded and received by the undertaker or his assigns. Powers and duties ers. 3. The said commissioners, or a majority of them, are hereby emof the commission- powered and required, from time to time, as they shall think necessary and proper, to view and examine the said road, after the same shall have been completed and finished according to contract; and if they shall find the same out of sufficient repair, 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 demand and receive any tolls or rates, shall thenceforth cease: Provided always, That it shall be necessary for the said commissioners, or a majority of them, to give notice in writing to the said undertaker or keeper of the said turnpike, stating such particular parts of the said road as may be out of repair, at least one month before they shall have power to destroy the same; and if the said undertaker or keeper shall within that time put the road into good and sufficient repair, then the power of the said commissioners to destroy the same shall cease. 4. And be it further enacted, That if the said turnpike shall hereafter be destroyed by the said commissioners, the said undertaker, his heirs or assigns, may re-establish the same, to be completed within six months, and kept in good repair for two months thereaf ter, before the said undertaker shall be permitted to demand and receive tolls thereon. The undertaker or keeper of the said turnpike, by and with the advice and consent of the commissioners and of the county court of Shenandoah, is hereby authorized and permitted to alter the direction of the said road where it will be improved thereby; and if the proprietor or proprietors of any ground through which the said road, by such alteration, may pass, shall require compensation for the same, and also for the additional fencing which may be thereby rendered necessary, and the said undertaker or his agent shall not be able to agree with the owner or his agent for the price thereof, the said undertaker may apply to the court of may be condemn the county in which the land lies, whose duty it shall be to direct Necessary ground the sheriff of the said county to summon twelve disinterested free- ed. holders of his county, who, being first sworn, shall view the said ground and assess the value thereof, and any other damages, in the manner prescribed by an act, entitled, "An act concerning public roads;" which assessment shall be paid by the said undertaker or his agent to the owner of the land or his agent, before the said road shall be opened through the said ground. And for keeping the said Materials necessaroad in repair, the said undertaker may take from the land adjoin- by undertaker, be ing, any materials necessary therefor, the same being first viewed ing first valued. and valued by two freeholders appointed and sworn for that purpose by a justice of the peace. ry may be taken 5. And be it further enacted, That if any person or persons shall Penalty for injuhereafter drag any log or tree down the mountain, or injure the said ring said road. road in any useless manner, or shall refuse or use any means to pass the said turnpike without paying the legal tolls, he, she or they shall forfeit and pay to the said undertaker or keeper, three dollars for such offence, recoverable by warrant before any justice of the peace. 6. If the said undertaker or his assigns shall demand and receive Penalty for exacting too high tolls. any greater tolls or rates than are hereby allowed, he shall forfeit and pay the tolls demanded and received, and two dollars, for every such offence, recoverable by warrant. vered of underta to use of road. 7. All sums of money recovered of the said undertaker, or his Forfeitures recosecurity or securities, or his or their executors or administrators, ker to be applied shall be applied by the said commissioners, or a majority of them, towards repairing the said road, in such places and in such manner as to them shall seem best. ed by undertaker 8. If the said undertaker or his assigns shall repair, and con- Tolls to be receiv stantly keep the said road in repair according to contract, he or they for fifty years. shall and may demand and receive the said tolls or rates for and during the term of fifty years, to be computed from the time the said road shall have been received by the said commissioners, and no longer. commissioners 9. In case of the death, removal, refusal to act, or resignation of Vacancies among a commissioner, such vacancy, so often as it happens, shall be sup- how supplied. plied by appointments to be made by the court of the said county of Shenandoah, and the person or persons so appointed, shall have the same power as if they had been particularly named in this act. 10. This act shall commence and be in force from and after the Commencement. passing thereof. CHAP. 42.-An ACT authorizing a sum of money to be raised by lottery for building a toll-bridge over Cheat river. (Passed January 7, 1806.) manage lottery. build toll-bridge over Cheat river. 1. Be it enacted by the general assembly, That Michael Kern, Commissioners to John Stealy, Augustus Werninger, Ralph Barkshire and William N. Jarrett, or any three of them, be, and they are hereby authorized to raise by lottery or lotteries a sum of money not exceeding four Money raised to thousand dollars, to be by them, or any three of them, applied towards building a bridge over Cheat river, where the state road crosses the same, near the Dunker bottom, in Monongalia county. And the said commissioners are hereby required, so soon as the said bridge shall be completed, to make report thereof to the court of the said county of Monongalia, who shall thereupon, or as soon Rates of toll. thereafter as they may deem it expedient, proceed to fix the rates Duties of tollgatherer. Appropriation of tolls. Commencement. Further time allowed for revalua of toll over the said bridge, which shall not exceed the rates of ferriage heretofore allowed for crossing the said river at the same place, and to rent out the said bridge for the best price that can be had, or appoint some fit person to act as collector of the tolls thereof. Every toll-gatherer to be appointed in virtue of this act shall give bond with security, to be approved of by the justices of the said court sitting at the time of executing the same, payable to the said justices and their successors, conditioned that he will faithfully account for and pay the amount of the said tolls by him received, at such time or times as may be required by the said court. 2. And be it further enacted, That the amount of the rent or tolls of the said bridge, after the salary of the collector, in case one shall be appointed, and the expenses of keeping the said bridge in repair, are paid, shall be applied, under the directions of the said court, for the first seven years, towards improving the state road from the Maryland line to the Monongalia river, and forever thereafter, towards educating the poor children in the county of Monongalia. 3. This act to commence and be in force from the passing thereof. CHAP. 43.—An ACT respecting the Mutual Assurance society against fire on buildings of the state of Virginia. (Passed January 8, 1806.) 1. Be it enacted by the general assembly, That such further time tion of buildings. may be allowed, from and after the first day of January next, to complete the revaluation of buildings which may have been insured in the towns and in the country, as the president and directors of the said company may deem necessary. Commencement. Trustees appointed for Dumfrios academy. duties. 2. This act shall be in force from and after the passing thereof. CHAP. 44.-An ACT for incorporating trustees of an academy in the town of Dumfries. (Passed January 8, 1806.) 1. Be it enacted by the general assembly, That the honourable Bushrod Washington, Richard Brent, John Minor, Alexander Henderson, George Graham, sen'r, George Graham, jun'r, John Spence, John Bronaugh, Benjamin Botts, Thomas Swann, Walter Jones, junior, and William Alexander Dade, gentlemen, be, and they are hereby constituted a body politic and corporate, by the name of "The Trustees of the Dumfries Academy;" and by that name shall have perpetual succession and a common seal, may sue and be Their powers and sued, plead and be impleaded in any court of law or equity. The said trustees, or any five of them, by the name aforesaid, shall be capable in law to purchase, receive and hold, they and their successors forever, any lands, tenements, rents, goods and chattels of what kind soever, which may be purchased by, or devised or given to them for the use of the said academy, and to lease, rent, or otherwise dispose of the same in such manner as to them shall seem most conducive to the advantage of the said academy: Provided however, That not less than a majority of the said trustees shall be sufficient to authorize a sale of any real estate belonging to the said academy. 2. The said trustees and their successors, or any five of them, laws and appoint shall have power from time to time to make and establish such byelaws, rules and regulations, not contrary to the laws or constitution of this commonwealth or of the United States, as they may judge Proviso. May establish bye officers. surer. necessary for the government of the said academy, and to appoint a president, secretary, tutors, librarian and treasurer, and any other officers that may be necessary. The treasurer shall receive all Duties of treamonies accruing to the said academy, and property delivered to his care, and pay or deliver the same to the order of the said trustees, or any five of them; and before he enters upon the duties of his To give bond. office, shall give bond and security in such sum as the said trustees, or any five of them, shall direct, payable to them and their successors, with condition for the faithful discharge of the trust reposed in him, and that he will, when required by the said trustees, or any five of them, render a just and true account of all monies, goods and chattels received by him on account of, and for the use of the said academy. The said treasurer shall receive such salary as may His salary. be allowed by the said trustees, or any five of them; and if he fails to render, when required, a just and true account of all monies, goods and chattels which may come to his hands by virtue of his office, or to appropriate and pay the same as the said trustees, or any five of them, may direct, it shall be lawful for the said trustees, or any five of them, to obtain a judgment for the amount or value thereof, by motion in any court of record in this commonwealth, against the said treasurer and his securities, his or their heirs, executors or administrators; and execution shall thereupon be issued in like manner as by law is directed against sheriffs for non-payment of taxes: Provided, That the defendant or defendants on every such motion shall have ten days notice thereof in writing. 3. In case of the death, resignation, or legal disability of any one Vacancies among trustees, how supor more of the said trustees, the vacancy or vacancies thereby oc- plied. casioned may be supplied by the remaining trustees, or a majority of them. 4. The said trustees, or any five of them, (which number shall in Trustees may receive subscripall cases be sufficient to constitute a board, except where by this act tions for benefit of a greater number shall be particularly required,) shall have power academy. to take and receive subscriptions for the use of the said academy; and in case any person shall fail to comply with his or her subscription, to enforce the payment thereof by warrant before a magistrate, or by motion in any court of record in this commonwealth, giving ten days previous notice, as may be necessary, according to the amount of such subscription. 5. This act shall be in force from the passing thereof. CHAP. 45.-An ACT authorizing John Brander to erect a toll-bridge over Swift creek in the county of Chesterfield. (Passed January 9, 1806.) Commencement. erect toll bridge 1. Be it enacted by the general assembly, That it shall be lawful John Brander may for John Brander, his heirs and assigns, to erect a bridge over Swift over Swift creek. creek, at Brander's mills, in the county of Chesterfield. 2. So soon as the said bridge shall be completed, it shall be law- Tolls. ful for the said John Brander, his 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, three cents, and for an horse the same; for every coach, chariot, four wheeled 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 hogshead of tobacco, as for one horse; for every head of neat cattle, as for one horse; for every sheep, goat, or lamb, one fifth part Penalty for taking tolls. of the toll for one horse; and for every hog, one fourth part of the toll for one horse, and no more. 3. If the collector of the tolls at the said place shall demand and more than legal 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. Mill dam across West fork of Monongalia river, 4. The court of Chesterfield county are hereby empowered and required to appoint three commissioners, to view and examine said bridge, whenever any complaint may be made of its being out of repair; and upon the report of the same, that the said bridge is insufficient or unsafe for passengers, the said court may order the toll-gate to be removed, and the right of the said John Brander, his heirs and assigns, to demand and receive tolls, shall cease, until said bridge be repaired in a good and sufficient manner, to be judged of by the said commissioners. 5. This act shall commence and be in force from and after the passing thereof. CHAP. 46.-An ACT concerning a mill dam authorized to be erected by Adam (Passed January 11, 1806.) 1. Be it enacted by the general assembly, That the mill dam which Adam Hickman, his heirs and assigns, are authorized to how to be erected erect across the West fork of Monongalia river, by virtue of the by A. Hickman. act of assembly passed the fifth day of January, one thousand eight hundred and five, entitled, "An act authorizing Adam Hickman to erect a dam across the West fork of Monongalia river, for certain purposes therein mentioned," shall be so erected that the abutment of the said dam shall be on the lands now owned by the said Adam Hickman on both sides of the said river, and within the distance of one mile and three quarters of a mile of the town of Clarksburg. Commencement. Repealing clause. Trustees, how to be elected. 2. This act shall be in force from the passing thereof. CHAP. 47.-An ACT concerning the town of New Market, in the county of (Passed January 13, 1806.) 1. Be it enacted by the general assembly, That from and after the first day of March next, so much of the act passed the fourteenth day of December, one thousand seven hundred and ninetysix, entitled, "An act establishing several towns," as appoints certain persons trustees of the town of New Market in the county of Shenandoah, shall be, and is hereby repealed. 2. And be it further enacted, That it shall be lawful for the freeholders, housekeepers and free male persons above the age of twenty-one years, who shall have been resident in the town of New Market and county of Shenandoah, one year next preceding the election, to meet at some convenient place in the said town annually, on the first Monday in April, and then and there elect seven fit and able men, being freeholders and inhabitants of the said town, to serve as trustees thereof, who shall continue in office until the first Monday in April in the succeeding year, and no longer, unless reelected. The persons so elected shall proceed to choose out of their |