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perty sold cannot be divided. In such cases the sheriff or other officer shall be entitled to commissions only on the amount of the plaintiff's demand; which commissions shall be included in the bond or bonds assigned to such plaintiff, who shall be liable therefor as for commissions included in a forthcoming bond taken by virtue of an execution : Provided also, That all such attachments shall be repleviable in the same manner as other áttachments are by law repleviable. Where any such debt shall be less than ten dollars, or four hundred pounds of tobacco, an attachment may be obtained as aforesaid, returnable before any magistrate of the county or corporation, who shall and may grant judgment thereupon, and direct the goods condemned by him to be sold in manner aforesaid, or execution to be stayed as aforesaid against any garnishee or gar
nishees. Jury to try fact of
2. And be it further enacted, That whenever the plaintiff in any garnishee's having attachment shall alledge that any garnishee summoned in such atdebtor, when de- tachment hath not discovered the true amount of debts due from nied, if doubted. him to the defendant, or what goods and chattels belonging to the
defendant are in his possession, the court shall direct, without the formality of pleading, a jury to be impannelled immediately (unless good cause be shewn by either party for a continuance), to enquire what is the true amount due from such garnishee to the defendant, and what goods and chattels are in his possession belonging to the defendant. If the finding of the jury shall be against such garnishee, the court shall grant judgment in the same manner as if the facts found by the jury had been confessed'by him on his examination; and if the jury find in his favour, he shall recover his costs
against the plaintiff. Jury to be impan. 3. And be it further enacted, That whenever the goods and chatnelied to try right, tels taken by virtue of any attachment shall be claimed by any per.
son other than such debtor, the court shall immediately (unless good cause be shewn by either party for a continuance,) direct a jury to be impannelled to enquire into the right of property; and in all cases where the jury find for the claimant, such claimant shall be entitled to his costs; and where the jury finds for the plaintiff in the attachment, such plaintiff shall recover his costs against the claimant.
4. And be it further enacted, That in all cases of attachments, interplead, &c.
the defendant shall be admitted to make defence; and any other person claiming the property attached, may interplead without giving bail: Provided, That the property attached shall not thereby
be replevied. Commencement. 5. This act shall commence and be in force from and after the
Third person may
Manner of electing trustees for town of Charlottesville.
CHAP. 65.-An ACT to amend the act, entitled, “ An act concerning the town
(Passed January 25, 1806.) 1. Be it enacted by the general assembly, That at all future elections of trustees for the town of Charlottesville in the county of Albemarle, the persons voting shall deliver to the sheriff or other officer taking the polls, a ticket containing a list of the persons voted for as trustees, with the name of the voter written on 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 if it shall appear that more than five persons are voted for as trustees, and several have an equal number of votes, so as to make it uncertain who should be elected, the said sheriff or other officer, shall give his vote, and make return as is now directed by law. 2. In addition to the powers heretofore granted to the trustees Additional powers
granted trusteos. of the said town, they, or a majority of them, are hereby authorized to impose fines, not exceeding ten dollars, on persons who may occasion nuisances within the limits of the said town; and shall have power to pass bye-laws to restrain negroes from wandering about the streets after night, or on Sundays or other holidays; and generally to pass such 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 10 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 aforesaid county of Albemarle.
3. And be it further enacted, That it shall and may be lawful May appoint confor the said trustees, or a majority of them, to appoint annually, serjeant. one or more constables or town serjeants, who, previous to the execution of any of the duties that may be required of them by virtue of this or any other act concerning the said town, or any bye-law or regulation of the trustees thereof, shall take an oath of office, and who are to give moreover give bond with such security, and with such a penalty as a hond, &c. board of the trustees shall direct: It shall especially be the duty of the said constables or serjeants, to execute all orders, summonses and precepts to them directed, on behalf the said trustees; to collect and account for such taxes as shall be levied in the said town, by the said trustees, or a majority thereof, in the same manner as county levies are collected and accounted for. And the said trustees shall have the like remedy against such collector and his securities, for the recovery of such fines and taxes as the county courts are entitled to for the
of county levies. 4. And be it further enacted, That the trustees of the said town, Trustees may asor a majority of them, shall moreover have power to lay and assess soss certain sum on the tithables and property, real and personal, within the said school in said town, a tax not exceeding two hundred dollars, to be applied under the direction of the said trustees, towards the establishment of a public school or seminary of learning in the said town, and in aid of such sunds as may be raised for the same purpose, by voluntary subscriptions or otherwise, by the inhabitants of the said town, or other persons. The school or seminary so to be established, shall at all times be under the regulation and control of the trustees of the said town, or a majority of them.
5. This act shall be in force from the passing thereof.
CAAP. 66.-An ACT altering the court day of Spottsylvania and Rockbridge
(Passed January 25, 1806.) 1. Be it enacted by the general assembly, That henceforward Court day of
Spottsylvania the court of Sportsylvania shall be holden on the first Monday in
changed. every month, instead of the times at which it has heretofore been holden, and that that shall be the return day of all process which shall be issued from the said court.
Court day of Rockbridge changed.
2. And be it further enacted, That after the first day of May next, the county court of Rockbridge shall be holden on the first Monday in every month, instead of the first Tuesday.
3. This act shall be in force from and after the passing thereof.
Chap. 67.–An ACT concerning jurors in certain cases.
(Passed January 25, 1806.) Jurors summoned 1. Be it enacted by the general assembly, That where by law the on inquests sub
sheriff or other officer is directed to summon a jury to take any ject to fine for non-attondance. inquest, if the person or persons so summoned, shall fail to attend,
it shall be the duty of the sheriff or other officer to return to the next court of his county, corporation, or to the next district court of his district, if the process under which such jury was summoned issued from the district court, the name or names of the person or persons so failing to attend; whereupon it shall be lawful for the said county, corporation, or district court, to which such return may be made, to fine such person or persons in a sum not exceeding eight dollars, unless at or before the next county, corporation or district court after such return made, such person or persons shall appear and shew good cause to the contrary.
2. This act shall commence and be in force from the first day of June next.
Chap. 68.-An ACT to amend the act, entitled, “ An act reducing into one
all acts and parts of acts concerning suits brought for sterling money, and for ascertaining the rate of exchange and damages on protested bills of exchange."
(Passed January 25, 1806.) Proceedings on
1. Be it enacted by the general assembly, That it shall be lawprotested bills of ful for any person or persons having a right to demand any sum of exchange.
money upon a protested bill of exchange, to commence and prosecute an action of debt for principal, damages, interest and charges of protest, against the drawers and indorsers jointly, or against either of them separately, and judgment shall or may be given for such principal, damages and charges, and interest on such principal, after the rate of six per centum per annum from the date of
the protest, until such judgment shall be fully satisfied. Repealing clause. 2. All acts and parts of acts coming within the purview of this
act, shall be, and the same are hereby repealed.
3. This act shall commence and be in force from and after the passing thereof.
CHAP. 69.-An ACT concerning the navigation of James river.
(Passed January 27, 1806.) Repealing clause. 1. Be it enacted by the general assembly, That “ An act to
amend and explain the act, entitled,' an act for improving the navi
gation of James river,'” is hereby repealed. Company to deep
2. And be it further enacted, That the Richmond James river company shall be compelled to deepen the channel of the river from Warwick to the upper part of the wharf built by the late George Nicolson, at Rocketts landing, to the depth of fourteen feet; the said depth to be regulated by the common high tide, which shall not include the depth of water in either the spring or neap tides. The said company shall also be compelled to widen the channel, from the first to the last mentioned place, to the width of
en river, &c.
one hundred and twenty feet, except in that part of the river commonly called the Rocks, a little below Powhatan warehouse, and also at a place commonly called Granny Judy's bar, where the channel shall be widened ninely feet.
3. In consideration of the expenses necessary to be incurred in Tolls allowed lo complying with the above recited provisions, it shall and may be companý. lawful for the Richmond James river company to demand and receive at Warwick, or such other place as the president and direclors shall appoint, tolls from all vessels coming to Rocketts, according to the following rates: All vessels navigating the river of the burthen of forty tons and upwards, pilot boats excepted, when they are not loaded with a cargo, to be ascertained according to the rules established in the custom house, by the act of congress in such case made and pro:ided, shall pay toll at the rate of four and a half cents per ton, where the said vessels do not draw more than eight feet water; of five cents, where they do not draw more than eight and a half feet water; five and a half cents, on vessels drawing more than eight and a half and not more than twelve feet water; of six cents per ton, on all vessels drawing twelve feet water; and of seven cents, on all vessels drawing more than twelve feet water. Tolls shall be paid by all vessels subject to toll, as well in passing down as passing up the said river. But no vessel drawing less than seven feet water shall be subject to the payment of any tolls whatever, for navigating James river up to, or from Nicolson's wharf.
4. And be it further enacted, That if the Richmond James river Ground or rocks company
should find it necessary for them to own any ground or of company may rocks belonging to individuals, in order to comply with the provi- be condemned ún; sions of this law, the president and directors of the company shall apply to the court of the county in which such ground or rocks may be situated, for a writ, in the nature of a writ of ad quod damnum ; which writ shall be obtained, issued and executed in the same manner as other writs of ad quod damnum; and the jury impannelied in pursuance thereof, shall upon their oaths decide what quantity of ground or rocks, as the case may be, will be necessarily used by the company to perfect the navigation of the river, and assess the sum to be paid for the same; upon payment whereof, the right to the said ground or rocks shall vest in the company.
5. And be it further enacted, That afte the first five years in Limitation of prowhich the company shall begin to collect toll, no half yearly divi- fie on capital exdend of the profits of the said company arising from the toll on all vessels navigating from Warwick to Nicolson's wharf, shall exceed seven and a half per centum on the sum actually paid in by the stockholders thereof; but whensoever the nett profit made by the company shall permit a dividend of more than fifteen per centum per annum on the sum actually paid in by the stock holders, the excess of the said profit beyond fifteen per centum per annum shall be paid by the president of the company into the public treasury. within thirty days of the time of declaring such dividend, for the sole use of the commonwealth. And in order to ascertain the rate of profit made by the said company, the president thereof is hereby required to make a report to the executive of this commonwealth at least ten days previous to any dividend being paid, wherein he shall state the total amount of the several payments made by the
der writ of ad damnum.
stockholders respectively on their several shares, the total amount of gross profits which have been made by the company, and the amount of all the charges and expenses which they have incurred. And to prevent improper advances of money on the shares of the said company, the consent of the executive shall be necessary to authorize any requisition of money on the shares of the said company beyond the original subscription; with which consent such
requisitions shall be, and are hereby declared lawful. Company may im 6. The Richmond James river company shall be, and are hereby Prome ricopertion authorized to improve the navigation from Nicolson's wharf to Rock whorf to Rock landing, or a point opposite "thereto, immediately below the second Tolls in that part division of Mayo's bridge, and upon deepening this part of the river
to the depth of nine feet, shall be entitled to a toll of eight cents per ton on all vessels navigating the same, of less than forty ton burthen, and of eleven cents per ton on all vessels of greater burthen;
but boats navigating the James river canal shall not be subject to Proviso. the payment of toll under this act: Provided nevertheless, That the
Richmond James river company shall not be considered to possess any exclusive right to improve the navigation of this part of the river until they shall have actually and bona fide commenced the improvements described by this law. Nothing in this law shall be construed to limit the profits of the Richmond James river company arising from the toll imposed on vessels navigating from Nicolson's wharf to Rock landing, or the opposite point, immediately below Mayo's bridge; but it is hereby expressly declared, that the profits arising from the said tolls shall not be reported to the executive, nor constitute any part of the dividend of fifteen per cent. to which the
said company are entitled. Time allowed 7. The Richmond James river company shall be, and are hereby ply with this act. allowed seven years from the passage of this law to comply with the
provisions thereof, so as to entitle them to demand toll pursuant to ibis act. Whenever the company shall believe that they are entiiled to demand and receive toll, they shall make a statement thereof to the executive of this commonwealth, who thereupon shall appoint commissioners to examine the said river; and if they shall report that the navigation of the river has been improved according to the provisions of this law, the executive shall make public proclamation that the Richmond James river company are entitled to demand
and receive the tolls fixed by law from all vessels (not specially exMode of proceed- empted) navigating the said river. After which, if at any time coming when river is out of order.
plaint shall be made by any person to the court of hustings of the city of Richmond, or to the mayor, or any two aldermen thereof, it shall and may be lawful for such court, mayor or aldermen to appoint three persons to examine such part of the said river so complained of; and if, in the opinion of the said commissioners, the same shall be in a state not conformable to this act, public notice thereof, at the expense of the said company, shall be given in some one of the newspapers published in the city of Richmond; and from the date of the said publication, the company shall not be entitled to demand any lolls until the said part or parts of the said river shall be improved according to the directions of this act: Provided, That so soon as the said company shall have completed the navigation to the upper part of the aforesaid wharf, they shall be entitled to tolls as far as that place, whether the navigation shall or shall not have been completed above the said wharf.
company to com.