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Penalties.

favour it may be, is hereby authorized to build a dam, under such regulations as are herein before directed : Provided, he commences the same within six months after such report is made, and completes the work with at least a water grist mill, within two years from its commencement.

7. And be it further enacted, That the owner or owners of every dam which shall be upon either of the said rivers, after the first day of June next, who shall fail to comply with the provisions of this act, for the space of one whole year together, shall, in addition to the actions and penalties before mentioned, be liable to be proceeded against as for a nuisance: Provided nevertheless, That nothing in this act contained shall be construed to extend to dams now erected, or hereafter to be erected upon Cheat river, one mile above Daniel Kyger's stone quarry, on the west fork above Edward Jackson's mill, nor on the Tyger Valley river above John Neusom's

mill. Repealing clause. 8. All acts and parts of acts coming within the purview of this

act, shall be and the same are hereby repealed.

9. This act shall commence and be in force from and after the passing thereof.

Proviso.

Commencement.

Fund for paying purveyor falling short not to be mado good.

CHAP. 93.-An ACT to amend an act for more effectually preventing obstructions to the passage of fish in James river and its navigable branches.

(Passed February 4, 1806.) 1. Be it enacted by the general assembly, That whenever "hereafter the tax upon seines imposed by an act, entitled, “ An act for more effectually preventing obstructions to the passage of fish in James river and its navigable branches,” shall be insufficient to pay to the surveyor of the Great falls of James river, therein directed to be appointed, the sum stipulated to be paid him by the executive, such deficiency shall not be paid by the public, but the said surveyor shall only be entitled to receive the amounts of the said tax; and it shall not be lawful for the auditor to draw upon the treasurer for a greater sum.

2. This act shall commence and be in force from and after the passing thereof.

Commoncement.

Froe negro or mulatto prohibited

without liconso from court.

Chap. 94.-An ACT concerning free negroes and mulattoes.

(Passed February 4, 1806.) 1. Be it enacted by the general assembly, That no free negro or use of arme, &c. mulatto shall be suffered to keep or carry any fire-lock of any kind,

any military weapon, or any powder or lead, without first obtaining a license from the court of the county or corporation in which he resides, which license may at any time be withdrawn by an order of such court. Any free negro or mulatto who shall so offend, shall, on conviction before a justice of the peace, forfeit all such

arms and ammunition to the use of the informer. Duty of consta 2. It shall be the duty of every constable to give information

against, and prosecute every free negro or mulatto who shall keep

or carry any arms or ammunition contrary to this act. Penalty for 3. If any free negro or mulatto who shall have been convicted

of keeping or carrying arms or ammunition, shall a second time offend in like manner, he shall, in addition to the forfeiture afore

bles.

breach.

said, be punished with stripes, at the discretion of the justice, not exceeding thirty-nine.

4. This act shall commence and be in force from and after the Commencement. first day of June next.

Csap. 95.–An ACT suspending an execution against Benjamin Branch and
Edward Branch, administrators of Benjamin Branch, deceased.

(Passed February 4, 1806.) 1. Be it enacted by the general assembly, That the execution on Execution va. B. a judgment amounting to two thousand five hundred and eighty- executors of B. eight pounds six shillings and ten pence, and costs, obtained in the Branch, susgeneral court, at the November term, one thousand eight hundred, against Benjamin Branch and Edward Branch, administrators of Benjamin Branch, deceased, who was collector of the taxes for the county of Chesterfield for the years seventeen hundred and eightyfour, and seventeen hundred and eighty-five, shall be, and the same is hereby suspended; and the said Benjamin and Edward Branch Judgment to bo shall be allowed and permitted to pay and discharge the amount of

paid by instalthe said judgment by four equal annual instalments, the first of which shall commence and be made on or before the first day of January next; and so soon as the said Benjamin and Edward Branch shall have discharged the amount of the judgment and cost into the treasury, on the days aforesaid, the damages accruing thereon shall be and they are hereby fully remitted.

2. This aet shall commence and be in force from and after the Commoncement. passing thereof.

ments,

erected.

Chap. 96.-An ACT authorizing Andrew M'Intire to erect a mill dam across

the mouth of Simson's creek.

(Passed February 4, 1806.) 1. Be it enacted by the general assembly, That for the purpose Terms on which

dam may be of working a grist mill or other machine useful to the public, it shall be lawful for Andrew M'Intire to erect a dam across the mouth of Simson's creek in the county of Harrison : Provided nevertheless, That a slope at least thirty feet wide shall be carried up with such dam, the inclination whereof shall not exceed an angle of four degrees with the horizon, and the same shall be so constructed as to contain thereon the depth of water received at its junction with such dam; and such dam shall be in every part thereof, except that to which such slope shall be affixed, at least one foot higher than the highest elevation of such slope, and so constructed as to prevent the passage of water through such dam.

2. And be it further enacted, That if the said Andrew M'In- Penalty for tire, his heirs or assigns, shall fail to keep such slope in repair for the space of one whole month, he, she or they shall forfeit and pay for

every such offence the sum of thirty dollars, to be recovered by action of debt, bill, plaint or information, in any court of record, one half whereof shall be to the use of the commonwealth, and the

er to the informer; and shall moreover be liable to be proceeded against as for a nuisance, if he, she or they shall fail to keep such slope in repair for the space of one whole year together.

3. This act shall commence and be in force from the passing Commencement. thereof.

failure.

RESOLUTIONS.

IN THE HOUSE OF DELEGATES.

At this important crisis in the affairs of their country, the gene- Preamblo. ral assembly of Virginia think proper to express the following sentiments :

They have seen with admiration and pleasure, in the intercourse of the present administration of the government of the United States with foreign nations, that just, rational and liberal policy which should ever characterize the acts of a government resting on the will, and maintaining the rights and interests of a free and enlightened people. With real concern they have observed, that from all nations the same correct and dignified conduct may be looked for in vain. They have viewed with indignation, the most rational priociples in the laws of nations disregarded and contravened, our coasts infested and our harbours watched by foreign armed vessels, our seamen impressed, and other injuries, which power and ambition, making the most erroneous calculations on the strength and policy of the United States, have inflicted on lawful commerce and immutable rights of our fellow-citizens. With like sensations they have learned that Spain evades the most equitable contracts on frivolous pretexts, and declines to enter into a fair adjustment of our differences; and that inroads have been made by the regular officers and soldiers of that government into parts of the territories of Orleans and the Mississippi, which had been delivered up to us; and that our citizens have been seized and our property plundered :

Resolved therefore, That the general assembly of Virginia, having Confidence de the highest confidence in the wisdom, virtue and firmness of the of United States, president of the United States, and of the congress thereof, are &c. ready, whenever the latter shall deem it necessary, to join in a contest with any nation that has injured us, and "try which party can do the other the most harm."

Agreed to January 7th, 1806.

Resolved unanimously, That the general assembly of Virginia, Conduct of ga sensible of the zeal, fidelity and diligence with which John Page, probated.

vernor Pago ap esquire, late governor of this commonwealth, discharged the duties of his office, feel it a tribute of respect due to his great merit, to express, as well their approbation of his conduct in that office, as their gratitude for his past services.

Agreed to January 24th, 1806.

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