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CHAP. 34.-An ACT making an appropriation for the payment of a public debt due to the representative of doctor Thomas Walker, deceased.
(Passed December 17, 1806.)
1. Be it enacted by the general assembly, That the sum of three Sum of money thousand five hundred and twenty-nine dollars and fifty-seven cents tive of doctor T. of any money now in the public treasury, shall be and is hereby appropriated to the payment of a claim, which, by a decree pronounced by the high court of appeals on the tenth day of November last, hath been decided in favour of Hugh Nelson, executor of Francis Walker, deceased, who was executor of Thomas Walker, deceased, against the commonwealth.
CHAP. 35.-An ACT establishing several inspections of tobacco.
Davis at Lynch-
1. Be it enacted by the general assembly, That inspections of Inspections es tobacco shall be, and they are hereby established at the following land of Rowland places, that is to say: On the lot of Rowland Jones, lying in the Jones and William north-west end of the town of Lynchburg, to be called and known by the name of Planters warehouse; on the lot of William Davis, lying on a square adjoining Water street in the said town of Lynchburg, to be called and known by the name of Friends warehouse; on the lot of William Prentis, lying at the upper end of Walnut of W. Prentis and street, near the Oaks, in the town of Petersburg, to be called and W. C. Boswell in known by the name of the Oaks warehouse; on the lot of William C. Boswell, adjoining the lots of Samuel Davis and Conrad Webb, on the south side of High street, in the said town of Petersburg, to be called and known by the name of Boswell's warehouse; and on of S. Woodson in the land of Samuel Woodson, at or adjoining the courthouse of the county of Goochland, to be called and known by the name of Goochland warehouse.
2. There shall be allowed and paid annually to each of the in- Inspectors' salaspectors of the said warehouses in the town of Lynchburg and county of Goochland, the sum of two hundred and fifty dollars for their salary; and to each of the inspectors of the said warehouses in the town of Petersburg, the sum of three hundred and thirtythree dollars and thirty-three cents for their salary: Provided al- Proviso. ways, That if the quantity of tobacco inspected at each of the said warehouses shall not be sufficient to pay the usual charges and the inspectors' salaries, the deficiencies shall not be paid by the public.
3. The duty on tobacco inspected at the said warehouses shall Duties on tobacco. be the same, and collected, accounted for and paid in like manner as is directed and prescribed by law for other tobacco inspections.
stone, and covered
4. The proprietors of the said warehouses shall erect at their own Warehouses to be expense, sufficient houses for the reception of tobacco, to be built built of brick or of brick or stone, and covered with slate or tile; and so soon as the with slate or tile. same shall be completed, the courts of the counties in which they respectively lie, shall recommend fit persons to be commissioned inspectors thereof.
ble for prior con
5. No person shall be obliged to receive any notes for tobacco Notes not receivapassed at the warehouses hereby established, in discharge of any tobacco contract heretofore entered into.
6. This act shall commence and be in force from and after the Commencement. passing thereof.
Part of Russell added to Tazewell.
Sheriff of Russell to collect public dues, &c.
Warrant in favour
To W. G. Payne.
CHAP. 36.-An ACT for adding part of the county of Russell to the county of
(Passed December 18, 1806.)
1. Be it enacted by the general assembly, That all that part of the county of Russell within the following bounds, to wit: Beginning on the top of Clinch mountain at the head of Cove creek on the line dividing the counties of Russell and Tazewell, and to run a straight line from thence to Jacob Francisco's mill, from thence a direct line to Daniel Horton's, (including his dwelling house in Tazewell,) from thence a stright line to the mouth of Cole creek, and to extend on the same direction till it intersects the line which divides the state of Virginia from Kentucky, shall be, and it is hereby added to, and made a part of the county of Tazewell.
2. It shall be lawful for the sheriff of the said county of Russell to collect and make distress for any public dues or officers' fees which shall remain unpaid by the inhabitants of that part of the said county hereby added to the county of Tazewell, and shall be accountable for the same in like manner as if this act had not been made.
3. This act shall commence and be in force from and after the first day of May next.
CHAP. 37.-An ACT concerning James Johnson.
Whereas it appears that James Johnson, whilst acting as sheriff of Pittsylvania, did, in the year one thousand eight hundred, overpay into the treasury fifty-eight dollars twenty-six cents, on account of militia fines, for which he has never been reimbursed, as appears by the auditor's certificate:
1. Be it therefore enacted by the general assembly, That the auditor of public accounts is hereby authorized and required to issue to James Johnson a warrant on the public treasury for the sum of. fifty-eight dollars twenty-six cents, to be paid out of any monies therein.
2. This act shall commence and be in force from the passing thereof.
1. Be it enacted by the general assembly, That William Britton lotted to William shall be entitled to receive from the public treasury the sum of forty
dollars, as compensation for the injury his horse sustained when impressed in the service of the commonwealth, by the sheriff of Augusta county, to convey a criminal to the penitentiary house, and that the auditor of public accounts is hereby authorized and required to issue his warrant for the same, to be paid out of any monies therein.
CHAP. 38.-An ACT concerning William Britton and William G. Payne. [Passed December 20, 1806.]
2. And be it further enacted, That William G. Payne shall be entitled to receive from the public treasury the sum of fifty-five dollars, as compensation for the injury his horse sustained when impressed in the service of the commonwealth, by the sheriff of Monongalia county, to convey a criminal to the penitentiary house, and that the auditor of public accounts is hereby authorized and re
quired to issue his warrant for the same, to be paid out of any mo
3. This act shall commence and be in force from the passing Commencement. thereof.
CHAP. 39.-An ACT concerning William Farris.
1. Be it enacted by the general assembly, That William Farris Compensation to shall be entitled to receive from the public treasury the sum of sixteen dollars forty-one cents, as compensation for his apprehending, keeping and delivering a lunatic to the sheriff of Campbell county, and that the auditor of public accounts is hereby authorized and required to issue a warrant for the same, to be paid out of any monies therein.
2. This act shall commence and be in force from the passing Commencement. thereof.
CHAP. 40.-An ACT concerning the glebe land of Martin's Brandon parish.
(Passed December 20, 1806.)
1. Be it enacted by the general assembly, That the act passed on Act establishing the second day of January, one thousand eight hundred and one, tin's Brandon paentitled, "An act to establish an academy on the glebe land of Mar- rish, repealed. tin's Brandon parish, in the county of Prince George," shall be, and is hereby repealed.
from sale of globe
2. And be it further enacted, That the overseers of the poor of Money arising the said county of Prince George shall be, and hereby are autho- land, how approrized and required to dispose of the glebe land aforesaid, and its priated. appurtenances, and to apply the proceeds arising from the sale thereof, in the manner directed by the act passed on the twelfth day of January, one thousand eight hundred and two, entitled, "An act concerning the glebe lands and churches within this commonwealth."
3. This act shall be in force from and after the passing thereof. Commencement.
CHAP. 41.-An ACT for opening a road from Point Pleasant, in the county of Mason, to Clarksburg, in the county of Harrison, and making certain appropriations therefor.
(Passed December 22, 1806.)
Whereas it is represented to this present general assembly, that Preamble. a road from Point Pleasant, in the county of Mason, to Clarksburg, in the county of Harrison, would be of great public utility: And whereas commissioners appointed by the courts of the said counties to view and mark out the best and nearest route for a road to pass as aforesaid, have reported that the distance from Point Pleasant, in the county of Mason, to Clarksburg, in the county of Harrison, and from thence to the city of Washington, may be considerably shortened by establishing the said road:
from Point Plea
1. Be it therefore enacted, That a public road be opened and Road to be opened improved from Point Pleasant, in the county of Mason, to Clarks- sant to Clarksburg, in the county of Harrison, under the direction of the courts of burg. the said counties; and that the sheriff of each of the said counties Appropriation bc, and he is hereby authorized and required to pay out of the arrearages of taxes due therefrom, the sum of two hundred and fifty dollars, to be applied by the said courts towards opening the said road.
2. This act shall commence and be in force from and after the Commencement. passing thereof.
1. Be it enacted by the general assembly, That it shall and may tees of Abingdon, be lawful for two thirds, or any greater number, of the persons who
have been appointed trustees of Abingdon academy in the county of Washington, to appoint fifteen other persons as trustees of the said academy, who shall have the same powers as the present trustees thereof.
Office of trustee, how vacated.
2. If any trustee of the said academy shall, for the space of six months successively, fail to attend a meeting of the trustees thereof, in case one shall have been held within that period, and reasonable notice given him of the time and place appointed therefor, it shall be lawful for the remaining trustees, or a majority of them, if they shall think fit, to declare the office or place of such absent trustee vacated, and to supply the vacancy thereby occasioned.
What number ne
3. Any five of the trustees already, or hereafter to be appointed, cessary to trans- shall be sufficient transacting any other business relative to the
4. This act shall be in force from and after the passing thereof.
CHAP. 42.-An ACT for the appointment of other trustees of Abingdon academy, and for other purposes.
(Passed December 22, 1806.)
Commissioners to be appointed.
Clerk of Greenbrier to certify payment.
CHAP. 43.-An ACT for removing the district court from the Sweet springs in the county of Monroe, to the town of Lewisburg in the county of Green
(Passed December 22, 1806.)
1. Be it enacted by the general assembly, That the county court of Greenbrier shall appoint three commissioners, and the proprietor of the Sweet springs an equal number, who, or any five of them, having taken an oath before some justice of the peace faithfully and impartially to execute the duties required by this act, shall proceed on or before the first day of May next, to value the jail and other buildings erected by the said proprietor for the use of the district court, or any officer thereof, taking into view the use to which such buildings, or any of them have been, or hereafter may be appropriated other than for the accommodation of the said court, or any of the officers thereof; and the said commissioners, any five or more being present, and a majority of those present concurring, having made such valuation, shall certify the same under their hands and seals to the county court of Greenbrier, there to be recorded.
2. And be it further enacted, That so soon as the amount of such valuation, made as aforesaid, collected by voluntary subscription or otherwise, shall be paid into the clerk's office of the said county of Greenbrier for the use of the proprietor of the Sweet springs, or his legal representatives, it shall be the duty of the clerk of the said county of Greenbrier to certify the same to the next district court holden at the Sweet springs; which court, on closing the term, shall adjourn to the town of Lewisburg in the said county of Greenbrier, at which place the said district court shall thereafter be holden.
3. And be it further enacted, That if it shall so happen that sioners disagree, the commissioners appointed as aforesaid disagree in opinion as to
to choose another person.
the value of such buildings, it shall then be lawful for them to appoint, by lot or otherwise, one other person, and the amount fixed by a majority, including such person, shall constitute the valuation
which is to be certified and proceeded in as is herein before directed.
failure to appoint
4. And be it further enacted, That if the proprietor of the Proviso in case of Sweet springs shall fail to appoint commissioners on his part, or commissioners. those appointed by him, or any of them, shall fail to attend, having reasonable notice of the time, it shall be lawful for the other commissioners, or any three of them, to make such valuation; and in case of disagreement, they shall proceed as is herein before directed.
5. And be it further enacted, That the district court holden at Power of district the Sweet springs at the term to which the payment of the money into the clerk's office of Greenbrier county shall be certified as aforesaid, shall have power, and they are hereby authorized to hear and determine any complaint made by either party against the proceedings of such commissioners; and if in their opinion, they have acted corruptly, partially or palpably unjust, they shall quash such valuation, and other commissioners shall be appointed, and proceed in the valuation in the manner herein before directed.
brier to levy mo
6. And be it further enacted, That the county court of Green- Court of Greenbrier are hereby authorized, if they deem it necessary, to levy ney, &c. money on their county for the purpose of carrying this act into effect: Provided, That three fourths at least of the acting justices in Proviso. said county concur.
7. This act shall commence and be in force from and after the Commencement. first day of February next.
CHAP. 44.-An ACT concerning the election of members of the court of hustings and common hall of Fredericksburg.
(Passed December 24, 1806.)
Alterations in common hall and
1. Be it enacted by the general assembly, That on the day appointed by law for the next annual election of members of the court of hustings common hall of the town of Fredericksburg, the persons qualified of Fredericksby law to vote for the same, shall assemble and elect by ballot eight persons to act as justices of the peace for the said town, who shall continue in office during good behaviour; any three of whom shall have power to hold a court of hustings at the same time and under the same regulations as are now prescribed by law, except in cases of courts for the examination or trial of free persons, or slaves charged with felonies, in which cases five of the justices aforesaid shall be requisite to constitute a court. The said court to have the same powers and jurisdiction as heretofore, and the said justices to have the same rights and powers as were heretofore granted by law to the mayor, recorder and aldermen of the said town; with this restriction, however, that they shall not act as members of the common hall, nor be authorized to lay any tax for the support of a watch.
men, how elected.
2. And be it further enacted, That on the day aforesaid, and Common councilon the same day in every year thereafter, the persons qualified to vote as before mentioned, shall elect in manner aforesaid, twelve persons to serve as common councilmen of the said town, who may continue in office until the next annual election of common councilmen, and until others shall be qualified in their stead, and shall have and exercise all the powers and duties heretofore granted to, and exercised by the mayor, recorder, aldermen and common councilmen of the said town, in common hall assembled.