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dition that he or his heirs, executors or administrators, at all times when required, will truly and faithfully account for all sums of money that shall come to his or their hands, for the purposes of this aci, and pay the same to such person or persons as the said directors, or a majority of them, shall order and direct. 3. As soon as the directors shall be appointed, all the original Original books to

• be deposited with books and papers shall be deposited with them, and the name of each subscriber, with the sum by him subscribed, shall be entered in a book to be kept for that purpose. The said directors and their successors, or a majority of them, shall have full power and authority, as money may be wanted, to make and sign orders for that purpose, and direct at what time and in what proportion the subscribers shall advance and pay off the sums by them subscribed. If any person neglects or refuses to pay the money by him sub- Mode of proceedscribed for the purposes of this act, it shall be lawful for the said ing against dolio

quent subscriberg. directors, or the survivors or survivor of them, to recover the same, or so much thereof as may be called for, by warrant before a ma. gistrate, where the sum subscribed or called for is within the jurisdiction of a single magistrate, and where it exceeds such jurisdiction, by motion in the court of the county where the person resides :' Provided, He has ten days previous notice of such motion. Proviso.

4. The said directors, or a majority of them, shall have power to Powers of direccontract and agree with any person or persons for clearing and improving the navigation of the said river in such manner as they shall think proper.

5. In choosing directors, the subscribers may vote either in per- Subscribers may son or by proxy.

vote by proxy in

choosing directors. 6. In case of the death, removal, resignation or incapacity of Vacancies any of the said directors, it shall be lawful for the subscribers, or a how supplied.

amongst directors, majority of them, to elect other person or persons in the room of him or them so dying, removing or resigning. Of the time and place for making such election, previous notice shall be given by advertisement, at the courthouse, in the town of Charlottesville, on two successive court days. If a majority of subscribers shall fail to attend on the day appointed for electing a director or directors, the vacancy shall be supplied by those who do attend.

7. The act of a majority of the commissioners shall in all cases Act of majority of be deemed the act of the whole, unless where a smaller number is commitabainers

, declared to be sufficient.

8. As soon as the said river shall be cleared and improved, as Tolle, when refar as may be judged practicable, and the navigation extended as

ceivable. aforesaid, so as to have a sufficient depth and width of water, at common tide, to navigate boats, batteaux or canoes, capable of carrying four hogsheads of tobacco, to be ascertained by commissioners appointed by the court of Albemarle county, whose report shall be there entered of record, then it shall be lawful for the said directors to demand and receive, at the upper boundary line of the town of Milton, or elsewhere higher up the said river, the following tolls, viz: For every hogshead of tobacco, thirty-four cents; for every Rates of tolls. pipe or hogshead of wine, forty-six cents; for every hogshead of rum, or other spirits, thirty-four cents; for every quarter cask of wine or spirits, iwelve and an half cents; for every bushel of Indian corn, or other grain, or salt, one cent; for every barrel of flour, beef, or pork, twelve and an half cents; for every ton of hemp, bar or manufactured iron, one dollar; for every ton of castings, thirty

Dividend.

cease.

four cents; for every hundred bushels of lime, fifty cents; for every hundred pipe staves, eight cents; for every hundred hogshead staves, or pipe or hogshead heading, six cents; for every hundred barrel staves or barrel heading, five cents; for every hundred cubic feet of plank or scantling, thirty-four cents; for every hundred cubic feet of other timber, twenty-five cents; for every gross hundred weight of all other commodities, or packages, six cents; for every boat or vessel which has not commodities on board to yield so much, one dollar: Provided, That an empty boat or vessel returning,

whose load has already paid, shall repass toll free. Penalty on per 9. In case any person shall fail or refuse to pay the tolls accordsons refusing tolls. ing to the rates aforesaid, the collector shall have the same right of

refusing a passage to the vessel, and the same remedy for the reco very of the said tolls, as is granted by law to the James river company.

10. As an indemnification to those who advance their money in effecting an object of such great public utility, an annual dividend, to be made on the first Monday in January, at Charlottesville, in each year, shall be declared by the directors, or a majority of them; and the tolls received the preceding year, after leaving a sufficiency in the hands of the treasurer to keep the navigation of the said river open and free from obstructions, shall be divided among the sub

scribers, or their legal representatives, in proportion to the sums of Tolls, when to money paid by them respectively; and as soon as the subscribers,

or their legal representatives, shall be reimbursed the principal sums of money paid by them respectively, with legal interest, the said tolls shall cease, and the said river thenceforth be deemed and taken as a public highway, free from any toll or imposition whatever : Provided, That nothing in this act contained shall be construed to affect the tolls imposed on vessels passing through the locks of the James river company.

And the better to ascertain when the said tolls shall cease, the said directors, or a majority of them, shall annually, after they shall begin to receive tolls, make return to the court of Albemarle county of the sum of money paid to each stockholder, or his legal representative, towards reimbursing the principal and interest of the sum by him paid for the purposes of this act; and whenever it shall be the opinion of the said court that the prin. cipal and interest of the sum paid by each stockholder has been fully reimbursed to him, or his legal representative, they shall enter such opinion of record, and further declare, that the tolls authorized

by this act shall thenceforth cease. Company created 11. And be it further enacted, That all who shall become suba body politic.

scribers, their successors or assigns, shall be and are hereby created a body politic and corporate, for the purpose aforesaid, by the name of The Rivanna Company, and by that name have succession, and shall be able to sue and be sued, implead and be impleaded, in all courts of law or equity; and to ordain and make such bye-laws, ore dinances and regulations, as appear necessary for regulating the concerns of the company, not contrary to this act, the constitution

and laws of this commonwealth, or the United States. Repealing clause. 12. All acts and parts of acts coming within the purview of this

act, shall be, and are hereby repealed. Commencement. 13. This act shall commence and be in force from and after the

passage thereof.

Proviso.

Chap. 56.-An ACT concerning James Vaughan.

(Passed December 30, 1806.) 1. Be it enacted by the general assembly, That James Vaughan Compensation to shall be entitled to receive from the public treasury thirty-six dol- James Vaughan. lars, as the compensation to himself and guard for carrying, in pursuance of law, from the county of Goochland to the Williamsburg hospital, a lunatic, who being, by the board of directors, considered as not of unsound mind, was by them refused to be received; and the auditor of public accounts is hereby authorized and required to issue his warrant or warrants 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.

on David Hunter

Chap. 57.-An ACT concerning David Hunter.

(Passed December 31, 1806.) 1. Be it enacted by the general assembly, That the fine, amount- Fine imposed by ing to six hundred dollars, imposed on David Hunter by a judgment

the general court of the general court at the last June term, for failing to account for remitted. and pay into the public treasury the taxes, as clerk of Berkeley county, from the first of September, one thousand eight hundred and four, to the first of September, one thousand eight hundred and five, shall be, and the same is hereby, to all intents and purposes, fully remitted.

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

Chap. 58.–An ACT concerning John Walsh.

(Passed December 31, 1806.) 1. Be it enacted by the general assembly, That John Walsh of Auditor to issue Halifax county, shall be, and he is hereby entitled to receive from of John Walsh. the public treasury the sum of eight pounds two shillings, to indemnify him for a like sum expended in the service of the commonwealth; and the auditor of public accounts is hereby authorized and required to issue a warrant or warrants for the same to the said Walsh, to be paid out of any monies therein.

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

Chap. 59.-An ACT divorcing Daniel Rose from his wife Henrietta.

(Passed December 31, 1806.) Whereas it is represented, that in the month of February, in the Preamble. year one thousand eight hundred and six, a marriage was solemnized between Daniel Rose of Prince William county, and a certain Henrietta White, who was at that time supposed to be virtuous, and a woman of good character; that in less than seven months thereafter, the said Henrietta was delivered of a mulatto child ; that there are reasons to believe that since her said intermarriage, she has permitted a negro slave, the supposed father of the said child, to have a carnal intercourse with her; and that the said Daniel Rose, at the time of his said intermarriage, was, and always since has been, considered as a man of good character; and the said Daniel having petitioned the legislature to be divorced from his said wife :

Daniel Roge di. vorced from his wife Henrietta.

1. Be it enacted, That the said Daniel Rose shall be, and hereby is divorced from the said Henrietta, and the marriage aforesaid totally dissolved; that the said child be considered as illegitimate, and incapable of inheriting any part of the estate of the said Daniel; that the power of the said Daniel, over the person and property of the said Henrietta, shall entirely cease; and she is hereby declared to be a feme sole, and the said Daniel no longer bound by any promise or contract hereafter to be made or entered into by her.

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

Commencement.

CHAP. 60.-An ACT further continuing an act appointing commissioners to view the way for a navigable canal from Roanoke to Appamattox.

(Passed December 31, 1806.) Time extended for 1. Be it enacted by the general assembly, That the act " Apviewers to make report.

pointing commissioners to view the way for a navigable canal from Roanoke to Appamattor," shall be, and the same is hereby extended until the first day of December next, so as to allow further time to the aforesaid commissioners to make their report, agreeable

to the intention of the said act, to the general assembly. Commencement. 2. This act shall commence and be in force from the passing

thereof.

Alterations in borough court of Norfolk.

Chap. 61.–An ACT to alter the hustings court of the borough of Norfolk.

(Passed December 31, 1806.) 1. Be it enacted by the general assembly, That in future, all courts holden in the borough of Norfolk, for the trial of civil causes, shall be composed of at least three aldermen; and that the said courts shall be and are hereby empowered to adjourn from day to day, until all the business which is before them, shall be dispatched.

2. All acts and parts of acts contrary to the provisions of this act, shall be, and are hereby repealed.

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

Repealing clauso.

Commencement.

Chap. 62.-An ACT concerning Elias Edmonds.

(Passed December 31, 1806.) Preamble.

Whereas it appears that Elias Edmonds, who acted as deputy sheriff and collector of the taxes, in a part of the county of Fauquier, for the year one thousand eight hundred, has never been allowed a credit for his list of insolvencies, by the auditor of public accounts, which amounted to the sum of sixty-nine dollars ninety

one cents : Auditor to issue a 1. Be it therefore enacted by the general assembly, That the warrant to Elias auditor of public accounts is hereby authorized and required to

issue a warrant or warrants on the public treasury, to the said Elias Edinonds, for the sum of sixty-nine dollars, ninety-one cents, the amount of his list of insolvencies for the year aforesaid, to be paid

out of any monies therein. Commencement. 2. This act shall commence and be in force from the passing

thereof.

CHÁP. 63.–An ACT concerning William Breeden.

(Passed December 31, 1806.) 1. Be it enacted by the general assembly, That the penalty of Penalty imposed one hundred dollars, which was imposed by the county court of King William King William on William Breeden, for retailing goods, wares and court remitted. merchandize, without a license obtained from the commissioner of the said county, shall be, to all intents and purposes, fully remitted ; and the auditor of public accounts is hereby authorized and required to issue a warrant or warrants to the said William Breeden for one hundred dollars, the amount of the penalty aforesaid, on the public treasury, to be paid out of any monies therein. 2. This act shall be in force from the passing thereof.

Commencomens.

CHAP. 64.-An ACT to amend “ An act concerning the James river com

pany."

(Passed December 31, 1806.) Whereas it hath been represented that a majority of the commis- Preamble. sioners appointed by the act, entitled, “ An act concerning the James river company," passed the thirtieth of January, one thousand eight hundred and five, met pursuant to the notification of the said company, in order to view the said river and ascertain whether the navigation thereof from the highest practicable point to the Great falls, had been completed according to the terms of the original charter; but owing to a sudden rise of the water, they were prevented from effecting the object of their meeting; and it is just and reasonable that a further time should be allowed for that purpose :

1. Be it therefore enacted, That the further time of one year Further time a!from the first day of January next, be allowed the James river lowed James river company, and the commissioners appointed by the above recited ply with act of act, or a majority of them, to comply with the provisions thereof; and in the mean time, the James river company shall be permitted to collect the full tolls allowed by the act " For clearing and improving the navigation of James river," any thing in the first mentioned act to the contrary notwithstanding.

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

1805.

Chap. 65.-An ACT concerning Joseph Mayes.

(Passed January 1, 1807.) 1. Be it enacted by the general assembly, That Joseph Mayes, Damages on judgsheriff of the county of Bath, shall be exonerated from the

ment against pay.

Joseph Mayes ment of the costs and damages awarded against him at the last remitled. June term of the general court, it appearing, by the auditor's certificate, that his insolvent list exceeded the claim of the commonwealth twelve dollars, fifty cents; and the auditor of public accounts is hereby authorized and required to grant a credit to the said Joseph Mayes for the aforesaid sum of twelve dollars, fifty cents, in the tax of eighteen hundred and five.

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

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