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Mayor and re

sen.

3. The common councilmen of the said town in common hall corder, how cho- assembled, shall elect one of its members to act as mayor, and another as recorder. The mayor shall preside at its meetings, and sign the proceedings thereof; and when from any cause he shall be absent, the recorder shall preside in his stead.

Their powers,

&c. 4. The mayor, or in his absence, the recorder, or any two mem-
bers of the common hall, shall have power so often as they find oc-
In future,
casion, to summon a common hall of the said town.
seven members shall be sufficient to hold a meeting of the com-
mon hall.

5. Vacancies which may happen in the court of the said town, shall be supplied in the same manner that such vacancies in the county courts are supplied; and vacancies which may happen in the common hall shall be supplied as heretofore.

Qualifications of

6. The qualifications which entitle persons to vote for, or be voters as hereto- elected, members of the court of hustings, or common hall, shalį

fore.

Vacancies in
court and common
hall, how sup-
plied.

Commencement.

Inspection of tobacco established on land of T. Lewis.

Inspectors' salary.

Duties on tobacco.

remain unaltered by this act.

7. This act shall be in force from and after the first day of March next.

Commencement.

CHAP. 45.—An ACT establishing an inspection of tobacco on the land of
Thomas Lewis, in Albemarle county.

(Passed December 29, 1806.)

1. Be it enacted by the general assembly, That an inspection of tobacco shall be, and the same is hereby established on the land of Thomas Lewis, near Moore's ford, in the county of Albemarle, to be called and known by the name of Charlottesville warehouse.

3. The duty on tobacco inspected at the said warehouse shall be the same, and collected, accounted for and paid, in like manner as is directed and prescribed by law for other tobacco inspections.

Warehouse to be built of brick or stone, covered

4. The said Thomas Lewis shall erect at his own expense sufficient houses for the reception of tobacco, to be built of brick or with slate or tile. Stone, and covered with slate or tile; and so soon as the same shall

be sufficient, the court of the county of Albemarle shall recommend fit persons to be commissioned inspectors thereof.

Notes not receiva

5. No person shall be obliged to receive any notes for tobacco ble for prior debts, passed at the warehouse hereby established, in discharge of any

contract heretofore entered into.

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

2. There shall be allowed and paid annually to each of the inspectors at Charlottesville warehouse, the sum of one hundred and eighty dollars for their salary: Provided always, That if the quantity of tobacco inspected at the said warehouse shall not be sufficient to pay the usual charges and the inspectors' salaries, the deficiencies shall not be paid by the public.

CHAP. 46.-An ACT altering the court days of several counties.

(Passed December 26, 1806.)

Mason quarterly

1. Be it enacted by the general assembly, That in future a court session, time of, of quarterly session for the county of Mason shall be holden in

altered.

the months of April, June, September and December, and the courts of quarterly session for the county of Kanawha shall be held in the months of April, June, September and December in every

year, instead of the months heretofore appointed by law for holding the said courts.

and Greenbrier

2. And be it further enacted, That the courts for the county Court of Wood of Wood shall be holden on the fourth Monday, and the courts of changed. the county of Greenbrier, on the fourth Tuesday in every month, instead of the days now appointed by law.

3. This act shall be in force from and after the first day of May Commencement.

next.

CHAP. 47—An ACT authorizing the erection of flood gates across the Back

creek in Norfolk borough.

(Passed December 29, 1806.)

gate across Back

1. Be it enacted by the general assembly, That the court of the Court of Norfolk borough may borough of Norfolk shall be, and is hereby authorized to erect, or cause to be erectcause to be erected, at such place, in such manner, and upon such ed lock or flood conditions as they shall think proper, one or more lock or locks, creek. flood gate or flood gates, across the creek in the said borough which is called and known by the name of the Back creek, so as to lock in a part of the water which flows up the said creek with the flowing tide, and to prevent its recess with the ebb tide, any thing contained in the act, entitled, "An act concerning the docks and wharves in the borough of Norfolk," to the contrary notwithstanding. The management and direction of which lock or locks, flood gate or flood gates, when so erected, shall belong to, and be a part of the duty of the mayor of the said borough.

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

CHAP. 48.-An ACT exempting William Chaplin from erecting a lock in his mill dam across Wheeling creek in the county of Ohio.

(Passed December 30, 1806.)

CHAP. 49.-An ACT establishing an inspection of flour on the land of
Thomas Lewis of Albemarle county.

(Passed December 30, 1806.)

Commencement.

1. Be it enacted by the general assembly, That William Chap- w. Chaplin exlin shall be, and he is hereby exempted from erecting a lock in his building lock in mill dam across Wheeling creek in the county of Ohio: Provided, his mill dam. That nothing herein contained shall be so construed as to exonerate the said William Chaplin from erecting and keeping in repair such slope as will answer all the purposes of navigation.

Proviso.

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

land of T. Lewis.

1. Be it enacted by the general assembly, That an inspection of Inspection of flour flour shall be, and the same is hereby established on the land of established on the Thomas Lewis, near Moore's ford in the county of Albemarle, under the like rules and regulations as other inspections of flour within this commonwealth.

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

CHAP. 50.—An ACT for including certain lands in the town of Wheeling. [Passed December 30, 1806.]

Certain land in

cluded within the

ing.

1. Be it enacted by the general assembly, That two certain town of Wheel- strips or pieces of land, one belonging to Ebenezer Zane, and the other to James Patton, lying and situated between that part of the town of Wheeling, which was originally established, and the part added thereto, shall be and are hereby included within the limits, and made a part of the said town of Wheeling, in like manner as if the same had been originally established a part of the said town; and the owners or proprietors thereof shall have the same privileges, and be subject to the same rules and regulations, as are provided in the case of owners of other parts of the said town. 2. This act shall be in force from the passing thereof.

Commencement.

Preamble.

CHAP. 51.—An ACT for opening a new street in the town of Petersburg. (Passed December 30, 1806.)

Commencement.

Whereas it hath been represented that the opening and extending a new or cross street in that part of the town of Petersburg called Ravenscroft, will be of public utility:

to

tersburg.

Commissioners ap- 1. Be it therefore enacted by the general assembly, That John cross street in Pe- M'Rae, Paul Nash, Alexander Brown, John Grammar and Joel Hammon, gentlemen, shall be, and they are hereby appointed commissioners, who, or a majority of them, are empowered and required, on or before the first day of March next, to ascertain and mark out the most direct and convenient way for opening and extending a street, not exceeding seventy nor under fifty feet in width, in that part of the said town of Petersburg called Ravenscroft, and make report thereof to the county court of Dinwiddie, who thereupon shall order a writ in the nature of a writ of ad quod damnum, to be directed to the sheriff of the said county, commanding him to summon and impannel twelve able and discreet men, freeholders and inhabitants of the said county, without the limits of the said town, no ways related to the parties through whose lands the said street will pass, to meet at some place on the said ground, and on a certain day to be named by the said court, and inserted in the said writ, of which notice shall be given by the sheriff to the proprietors and tenants; and the freeholders so assembled shall be charged by the sheriff impartially, faithfully and justly, and to the best of their skill and judgment, to view the said lands through which the said street is to be opened and conducted, and say to what damage it will be to the several and respective proprietors and tenants, taking into estimation as well the use and value of the land to be laid open for such street, as other incidental injuries to be sustained thereby; and if the said inquest cannot be completed in one day, the sheriff may adjourn the said jurors from day to day until the same be completed; which inquest, sealed by the said jurors, together with the writ, shall be returned to the said court and entered of record.

Common council

2. And be it further enacted, That the common council of the to levy damages, said town of Petersburg shall, within three months after the return

of the said inquest, levy on the taxable property within the said town the damages so found, and the costs of the inquest, and direct them to be paid to those respectively entitled thereto.

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

CHAP. 52.-An ACT increasing the rates of ferriage across the Rivanna river, opposite the town of Charlottesville in the county of Albemarle.

[Passed December 30, 1806.]

1. Be it enacted by the general assembly, That the keeper of the Ferry rates oppoferry across the Rivanna river opposite the town of Charlottesville, ville raised. shall be allowed the following rates for the passage of the following things, that is to say: The price for a man six and one quarter cents, and for an horse the same; for every coach, chariot or waggon, and the driver thereof, the same as for six horses; for every four wheeled chaise, phaton and driver, the same as for four horses; for every two wheeled riding carriage or cart, the same as for two horses; for every hogshead of tobacco, twelve and one half cents; for every head of neat cattle the same as for one horse; for every sheep, hog or lamb, one cent, and no more, instead of the rates heretofore allowed by law.

keeper for misconduct.

2. If the ferry keeper at the said ferry shall demand and receive Penalty on ferry from any person greater rates than are hereby allowed, he shall forfeit and pay to the party grieved the ferriage demanded and received, and two dollars for every such offence, recoverable before any justice of the peace of the county of Albemarle.

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

Commencement.

CHAP. 53.—An ACT authorizing the appointment of a mathematical surveyor for the borough of Norfolk.

(Passed December 30, 1806.)

of Norfolk to ap

1. Be it enacted by the general assembly, That the common Common council council of the borough of Norfolk, in common hall assembled, may, point mathemati and they are hereby empowered to nominate a mathematical sur- cal surveyor. veyor of the said borough, to prescribe his duties, and to establish and regulate his salary or fees of office; which surveyor shall be examined and commissioned in the manner directed by the law concerning county surveyors.

procured.

2. All surveys or other acts which shall be made or done by the Surveys made by said surveyor by virtue of an order of any court, shall be as valid him, how far valid. and effectual as if the same were made or done by a surveyor of a county. And the common council of the said borough are hereby Apparatus, how authorized, at the expense, and for the benefit of their corporation, to procure a theodolite and other instruments and apparatus necessary for the said surveyor; and the mayor, recorder and aldermen of the said borough may, and hereby are authorized, to cause a complete plan or map of the said borough to be made by the said surveyor, under the direction of the said mayor, recorder and aldermen, or such other person or persons as they may appoint for that purpose, which plan or map, when so made, shall be kept and filed of record in the clerk's office of the said borough.

3. And the said surveyor shall give bond and sufficient security To give bond, &c. to the president and professors of William and Mary college, for the annual payment of one sixth part of the fees received by him. He shall hold his office during good behaviour, and, before he enters upon the execution of his office, he shall, before the borough court of Norfolk, take an oath, and give bond, with two sufficient securities, to the governor and his successors, in such sum as he, with the advice of council, shall have directed, for the faithful execution of his office; and shall be subject to the like penalties for any omis

Commencement.

Pension of Jo.
Miles increased.

Commencement.

Preamble.

Commissioners to open subscription books.

Powers, duties, &c. of commissioners.

Proviso.

sion or breach of his duties, as the surveyors of counties are by law subject to.

4. This act shall be in force from the passing thereof.

CHAP. 54.-An ACT increasing the pension of Joseph alias Joab Miles. (Passed December 30, 1806.)

1. Be it enacted by the general' assembly, That the auditor of public accounts is hereby authorized and required to issue annually to Joseph alias Joab Miles, a warrant or warrants on the public treasury for forty dollars, as an increase of his pension.

2. This act shall commence and be in force from and after the first day of January next.

CHAP. 55.-An ACT incorporating a company to open and improve the navigation of the Rivanna river from Milton to Moore's ford, opposite the town of Charlottesville, in the county of Albemarle.

(Passed December 30, 1806.)

Whereas it hath been represented to the general assembly, that the clearing of the Rivanna river from Milton to Moore's ford, opposite the town of Charlottesville, so as to admit the passage of loaded boats through the falls of the South-west mountains, would be of great public utility; and that the act passed on the twentysecond day of December, one thousand seven hundred and ninetyfour, hath been found inadequate to that object:

1. Be it therefore enacted, That books for receiving subscriptions shall be opened under the superintendance of Martin Dawson, David Anderson, Joshua Key, John Sandidge and John Watson, at Milton; and of James Lewis, Dabney Carr, Thomas C. Fletcher, John Kelly, John Carr, Alexander Garrett, Henry Williams, Rice Garland, George Divers and Thomas Garth, senior, at Charlottesville. Subscriptions for the purpose of clearing the said river may either be made on the books to be opened at the above places respectively, or with any one of the aforesaid commissioners individually. Monthly returns of the names of the subscribers, and the sums subscribed, shall be made by the commissioners at Milton to the commissioners at Charlottesville, who shall regularly enter the same on their books. So soon as a sufficient sum, in the opinion of the commissioners, shall be subscribed to complete the work, they, or any three of them, shall advertise the same at Charlottesville, and request a meeting of the subscribers at that place, which advertisement shall be at least four weeks previous to the time appointed for that purpose; and the subscribers present at such meeting, or a majority of them, shall proceed to choose five directors to manage the business of the association: Provided, That no vote shall be given by any person subscribing less than five dollars; and in voting, by the subscribers, the following rule shall be observed: For the first five dollars, one vote; twenty dollars, two votes; fifty dollars, three votes; one hundred dollars, four votes; and for every hundred dollars afterwards, one vote.

Powers, duties,

tors.

2. The directors, or a majority of them, shall have power, from &c. of the direc- time to time, to appoint a treasurer, who shall be receiver of all money subscribed by virtue of this act, and shall moreover enter into bond, with sufficient security, in the penalty of ten thousand dollars, to be recorded in the court of Albemarle county, payable to the said directors, or the survivor or survivors of them, with con

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