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Court of Norfolk
1. Be it enacted by the general assembly, That the court of Norborough to appoint folk borough shall be, and hereby are authorized to appoint some tain militia fines. person with full power and authority to collect certain militia fines,
placed for collection in the hands of James Boyce, late sergeant of the said borough, who departed this life, as it is represented, without having collected any part of the amount of the said fines: Provided however, That the person so to be appointed, before he proceeds in the said collection, shall in the court of the said borough, take an oath, and enter into bond with such security, and in such penalty as the said court shall direct, and with condition, that he will honestly and faithfully collect the amount due of the said fines, and to account therefor, according to law; which bond shall be made payable to the governor of this commonwealth and his successors, and in case of a breach of the condition thereof, may be sued on in like manner as are sheriffs' bonds in like cases. 2. This act shall be in force from the passing thereof.
CHAP. 66.—An ACT providing for the collection of certain militia fines due in
[Passed January 1, 1807.]
CHAP. 67.-An ACT authorizing Thomas Wilson to erect a wing dam from his land in the county of Mecklenburg, extending from the south bank of the Roanoke river into the same.
[Passed January 1, 1807.]
Whereas it hath been represented to the general assembly that a dam may be erected in the Roanoke river, from the lands of Thomas Wilson, in the county of Mecklenburg, without injury to the navigation of said river:
wing dam in
1. Be it therefore enacted, That the said Thomas Wilson, his authorized to build heirs or assigns, may, and he is hereby authorized to erect and keep up a mound, or wing dam, extending into the river Roanoke, fifty yards, at the lower end, from the south bank of said river, and near to the place where he has already commenced digging a canal and widening up stream to the distance of one hundred yards, for conducting part of said river into the said canal, for the purpose of working a grist and other mills.
2. Provided nevertheless, That this act shall not be in force until the legislature of North Carolina shall have passed a law confirming the provisions made herein.
CHAP. 68.-An ACT concerning the town of Liberty, in the county of Bedford.
(Passed January 1, 1807.)
1. Be it enacted by the general assembly, That in addition to tees appointed to the trustees heretofore appointed for the town of Liberty, in the town of Liberty. county of Bedford, John Otey, Charles Marckle, junior, William Robertson, Jacob Eckhols and Walter Otey, gentlemen, shall be, and they are hereby constituted and appointed trustees of the said town. Any five of the trustees of the said town shall be, and they are hereby authorized and empowered to make and establish such bye-laws, rules and regulations, not contrary to the laws and constitution of this state, as they may think necessary for the good of the said town, and shall and may make and execute deeds of conveyance, as well for those lots which have been, as those which may
hereafter be sold in the said town, in pursuance of the act of as
sembly establishing the said town.
2. And be it further enacted, That the said trustees shall have Their powers, &c. power to inflict fines, not exceeding five dollars, for the violation of the bye-laws, rules and regulations, to be made as aforesaid by them, for the good of the said town; which fines shall be recoverable by the said trustees by warrant before any justice of the peace for the county of Bedford, and shall by them be appropriated to the improvement of the said town.
3. And be it further enacted, That upon the death, removal out Vacancies of the county, or refusal to act, of any one or more of the said trus- amongst, how filltees, such vacancy, so often as the same shall happen, shall be supplied in the manner following, that is to say: The surviving trustees, or a majority of them, are hereby authorized and empowered to supply such vacancy from time to time as occasion may require.
4. This act shall commence and be in force from and after the Commencement. passing thereof.
CHAP. 69.-An ACT establishing an inspection of tobacco on the lands of Christian Gilliam, Mary Eppes and Archibald Eppes, at City Point, in the county of Prince George.
[Passed January 2, 1807.]
1. Be it enacted by the general assembly, That an inspection of Inspection of totobacco shall be, and the same is hereby established at City Point, in the county of Prince George, on the lands of Christian Gilliam, Mary Eppes and Archibald Eppes, or any two or one of them, to be called and known by the name of City Point warehouse.
2. There shall be allowed and paid annually to each of the in- Inspectors' salaspectors at City Point warehouse, the sum of two hundred 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.
3. The duty on tobacco inspected at the said warehouse shall be Duties. the same, and collected, accounted for and paid in like manner as is directed and prescribed by law for other tobacco inspections.
built of brick or
4. The said Christian Gilliam, Mary Eppes and Archibald Eppes, Warehouses to be he, she or they, on whose land the said warehouse shall be erected, stone, and covered shall erect at his, her or their own expense, sufficient houses, built with slate or tile. of brick or stone, and covered with slate or tile, for the reception of tobacco; and so soon as the same shall be sufficient, the court of the said county of Prince George shall recommend fit persons to be commissioned inspectors thereof.
ble for prior debts.
5. No person shall be obliged to receive any notes for tobacco Notes not receivapassed 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 Commencement. passing thereof.
CHAP. 70.-An ACT placing Jacob Payne and John Carter on the pension list.
(Passed January 2, 1807.)
1. Be it enacted by the general assembly, That Jacob Payne shall Jacob Payne placed on pension be entitled to receive annually, the sum of sixty dollars, as a pen- list. sion for his services during the revolutionary war; and the auditor of public accounts is hereby authorized and required to issue a war
rant or warrants on the public treasury to the said Jacob Payne, or his attorney, for the same.
2. And be it further enacted, That the sum of fifty dollars shall placed on pension be allowed annually to John Carter, as a pension for his services in guarding the frontiers of this state against the inroads of the Indians, and in consequence of his having been disabled by a wound in performing the said services; and the auditor of public accounts is hereby authorized and required to issue a warrant or warrants on the public treasury to the said John Carter, or his attorney, for the same.
Alterations in court of Northampton.
Powers of said court.
Certain acts of, legalized.
3. This act shall commence and be in force from and after the passing thereof.
CHAP. 71.—An ACT to alter the court day and the times of holding quarterly courts in the town of Fredericksburg, and to amend an act, entitled, "An act to alter the time of holding a quarterly court for Northampton county.” (Passed January 2, 1807.)
Whereas it appears that an act passed the twenty-fourth day of January, one thousand eight hundred and six, entitled, "An act to alter the time of holding a quarterly court for Northampton county," is defective, and that the same ought to be amended:
1. Be it therefore enacted by the general assembly, That in future a monthly court for the county of Northampton shall be held in the month of August, instead of the month of September, in every year.
2. And be it further enacted, That in future, orphan accounts shall be received and entered of record at the October court, held for the said county, instead of the month of September, in every
4. And be it further enacted, That the court for the corporation courts of Frede- of Fredericksburg shall hereafter be held on the second Thursday
in each month; and that the quarterly courts for the said corporation be in the months of February, July, September and December. 5. This act shall commence and be in force from and after the passing thereof.
3. And be it further enacted, That the proceedings had, and the records made at the August and October courts, held for the said county, in the year one thousand eight hundred and six, though not legally authorized, shall be, and the same are hereby deemed valid.
CHAP. 72.-An ACT to amend and explain the act authorizing the county court of Lee to erect a turnpike or toll-gate on the road leading from Mockerson gap to Cumberland gap, through the said county.
(Passed January 2, 1807.)
Whereas it is represented to this general assembly that a turnpike or toll-gate authorized by an act of the last session of assembly, has been erected on Cumberland mountain by the direction of the county court of Lee, for the purpose of collecting a fund to keep the road in repair from Mockerson gap to Cumberland gap, through the county of Lee; and it appears to this general assembly that it is not reasonable that the said turnpike or toll-gate should be erected at the before mentioned place, because travellers using the Tennessee or main Kentucky road are subject to the payment of tolls as
well as those who travel the road proposed to be repaired by the proceeds of the said turnpike: For remedy whereof,
1. Be it enacted and declared, That it shall not be lawful for the Court of Lee to change place of said court of Lee to continue a turnpike or toll-gate on Cumberland gate. mountain, or so near the same that travellers using the Tennessee or main Kentucky road will be subjected to the payment of tolls at said gate; but it shall and may be lawful for the said court, and they are hereby required to erect the said turnpike or toll-gate at any suitable place on the said road leading from Cumberland gap to Mockerson gap, eastward of the junction of the said road with the Tennessee or main Kentucky road, in all respects conforming to the restrictions, limitations and provisions of the act of the last session of the general assembly.
2. And be it further enacted, That all sums collected at the toll- Appropriations of gate heretofore erected and not yet disbursed, shall be applied ex- received and not clusively to the improvement of the pass at Cumberland gap over the Cumberland mountain.
money heretofore disbursed.
and term of con
3. This act shall commence and be force from and after the Commencement first day of March next, and shall continue in force for the term of tinuance of this nine years and no longer.
CHAP. 73.-An ACT providing for the pavement of the streets of Norfolk bo
(Passed January 3, 1807.)
1. Be it enacted by the general assembly, That it shall and may Provisions for be lawful for the court of Norfolk borough, whenever they may deem paving streets of it proper, or whenever a majority of the owners of lots on any particular street or square, or part of a street or square, shall, by a memorial under their hands, petition the said court for that purpose, to cause any street or square, or any part of any street or square within the said borough, to be properly paved: Provided however, That Proviso. the funds of the said corporation are not to be subject, without an express appropriation of the common council of the said borough, to any greater proportion of the expense of such pavement, than what shall be requisite for graduating the streets, preparing the ground for receiving the pavement, for paving the intersections of the streets, and such parts of the same adjoining the public improvements in the said borough, as in the opinion of the court ought to be paved at the expense of the corporation. And in order that the work so to be done may be executed in a neat and permanent stile, and as nearly uniform as may be throughout the said borough:
person to graduate streets.
2. Be it further enacted, That the said court shall be, and they Court to appoint are hereby authorized and empowered, to appoint and employ some discreet person of skill and experience in graduating and paving streets, (whose salary shall be estimated and included in the general expense,) whose duty it shall be, under the direction of the court, or of any person or persons appointed by them, to graduate and level the streets, and to superintend the pavement thereof.
3. Whenever any street or square, or any part thereof, shall be Duty of court and directed to be paved as aforesaid, the court of the said borough shall common council. cause the same to be notified to the common council thereof, whose duty it shall be forthwith to appoint two persons of their body to act with the mayor, recorder, or such of the aldermen as the court may appoint, to measure and ascertain the extent of each person's front on the street or square about to be paved; and having done so, they
shall make return of their proceedings to the clerk of the court, to be by him recorded.
Accounts of ex
4. The said committee, or any two of them, the mayor for the penses how audit-time being, or the recorder, being always one, shall audit all accounts of the expenses attending the said pavement, and shall sign all orders for the monies expended from time to time thereon; and whenever the pavement of any street or square, or part of any street or square, shall be completed, the said committee shall make a fair apportionment of the expense between the individual proprietors of the lots on the said street or square so paved, according to the extent of their respective fronts on the said street or square, and the corporation, in manner before mentioned, and shall make return thereof to the said court where the same shall be recorded.
Expenses for pa.
5. So soon as the paving of any street or square, or part of any and how demanda- street or square, shall be begun by commencing the levelling or graduation thereof, the collector of the taxes of the corporation, or such person as the court shall appoint for that purpose, after giving ten days notice in the newspapers printed in the said borough, shall and may demand of each owner of a lot or lots upon such street or square, or part thereof proposed to be paved, the sum of one dollar per foot, for every foot of land which he, she or they may hold Mode of proceed fronting on such street or square, or part thereof, as aforesaid; and
ing against delinquents.
if the same be not paid on demand, he may proceed to levy the same by distraining and selling the goods and chattels of such landholder, in the same mode that distress and sale for the payment of public taxes is now made. And should the said sum of one dollar be found to be insufficient to defray the expense of the pavement aforesaid, the court of the said borough, upon application of a majority of the landholders concerned, are hereby authorized to make such addition to the said expense as may appear to be just and reasonable. So soon as such pavement shall be finished, and the return of the committee appointed to apportion the expense thereof shall be made, the collector shall proceed in like manner to collect the several balances ascertained by the said return to be due from each Collectors to give lotholder as aforesaid. Every collector thus appointed, shall give
against for delinBond payable to
bond with approved security, in such sum as the said court shall think proper, for the faithful performance of the duties of his office, and shall be subject to the like summary mode of recovery in case of delinquency, as is provided against the collectors of public taxes. The said bond shall be made payable to the mayor or his successors, and may be put in suit by the corporation, or any other person aggrieved by the breach of its conditions, in like manner as bonds given by sheriffs.
6. When the owner of any lot situated on any street or square lot owners reside thus paved, or begun to be paved, shall reside out of the limits of
out of town.
the corporation, or shall not be in the occupancy of the proprietor, the tenant in possession shall be answerable for the expense aforesaid, and shall be allowed to deduct the same from the accruing rent, in all cases where they hold from year to year; but in all cases of tenants holding lots upon leases heretofore made for a term of years, the expense of paving in the first instance shall be borne and paid by such tenant, and the landlord shall not be held liable to reimburse the same until the last year of the term of such lease, and then the principal sum only.