so construed as in any wise to affect any criminal prosecution, suit or action, depending in the district court of Morgantown, or any suit which may be instituted in the said district court before the first day of April next; in all of which cases and every other matter the same proceeding shall be had as if this act had not been made. 2. This act shall commence and be in force from and after the Commencement. first day of April next. CHAP. 12.-An ACT authorizing a lottery in the town of Woodstock and county of Shenandoah. (Passed December 27, 1803.) sed by lottery to 1. Be it enacted by the general assembly, That it shall and may Money to be raibe lawful for Christian Strite, William H. Dulany, Daniel Lee, Ja- finish a church in cob Myers, Charles Mastin, Philip Spangler, John Altefer, Henry Woodstock. Conrod, Jacob Ott, George Dellinger, Alexander Pollock and Jacob Dary, gentlemen commissioners, or a majority of them, to raise by lottery or lotteries, a sum not exceeding three thousand dollars, to be by them applied towards completing a church begun in the town of Woodstock and county of Shenandoah by the Lutheran congregation. 2. This act shall commence and be in force from and after the Commencement. passing thereof. CHAP. 13.-An ACT concerning Andrew Donnelly. quencies to be re 1. Be it enacted by the general assembly, That the auditor of His list of delinpublic accounts shall, and he is hereby authorized and required to ceived as a credit. receive the list of delinquencies of Andrew Donnelly, collector of the revenue for the county of Kanawha, for the year one thousand eight hundred and one, and allow him a credit therefor. 2. This act shall commence and be in force from and after the Commencement. passing thereof. CHAP. 14-An ACT establishing a certain survey of the town of Watson, and for other purposes. (Passed December 23, 1803.) Whereas it is represented to this general assembly, that by vir- Preamble. tue of an act passed the twelfth day of December, seventeen hundred and eighty-seven, for establishing in the county of Hampshire, a town by the name of Watson, the land in the said act mentioned, hath by the trustees therein named, been laid off into lots and streets, as by the same act is required; many of which lots have been sold but no titles have been made to the purchasers thereof, and the surveyor who laid off the said town having been long dead, no survey or plot of the same is now to be found; that in consequence thereof, application was made to John Mitchell, surveyor of the said county of Hampshire, to resurvey the said town; that he accordingly made a resurvey thereof, being governed by the houses on some of the lots which had been sold, and has made out a plot of the said town, which has been approved of by the present trustees thereof, and is thought to pursue the lines of the former survey except that a range of lots are left out on the west side, and a range of lots added on the east side of said town. And whereas it is further represented by the trustees of the said town, that none of the Survey of the town of Watson established. Trustees to sell and convey all lots contained therein. Repealing clause. Commencement. Additional allow. ance to William Bishop, for collection of taxes due 1800 and 1801. All collectors allowed the same, who pay in the time limited by law. Commencement. lots left out of Mitchell's survey were ever sold by the former trustees, and that the range of lots now added on the east side are much more convenient than those excluded on the west to the medical spring and the baths erected in the said town, and will be much more convenient and advantageous in every respect, as well to the lotholders and others visiting the medical spring and baths aforesaid, as to the person or persons who will be entitled to the money arising from the sale of the lands included in the new survey. And whereas the trustees of the said town and others, lotholders therein, have petitioned the general assembly to establish the survey made by the said John Mitchell, as the true survey of the said town, and to authorize two or more of the present trustees to make conveyances to the purchasers of lots sold by the former trustees; as also to sell and convey the lots now added by Mitchell's survey, and such as were unsold by the former trustees, upon receipt of the purchase money: 1. Be it therefore enacted, That the survey made by John Mitchell, surveyor of the county of Hampshire, and approved of by the present trustees, be, and the same is hereby established as the true survey of the said town; that the same be recorded in the county court of Hampshire, and filed among the papers thereof; and that two or more of the trustees of said town be authorized and empowered to make conveyances to the purchasers of lots sold by the former trustees; as also to sell and convey all the lots now included in Mitchell's survey, which were unsold by the former trus-. tees, and to receive the purchase money for said county lots, which is to be applied by them agreeably to the directions of the former law establishing the said town. 2. And be it further enacted, That so much of the aforesaid law as requires the owners of lots to build stone or brick chimnies to their houses, shall be and the same is hereby repealed. 3. This act shall commence and be in force from and after the passing thereof. CHAP. 15.-An ACT allowing the additional sum of two and an half per centum to William Bishop, collector of the taxes in the county of Princess Anne, for the years 1800 and 1801, and for other purposes. (Passed December 28, 1803.) 1. Be it enacted by the general assembly, That William Bishop, collector of the arrearage of taxes for the county of Princess Anne, for the years one thousand eight hundred, and one thousand eight hundred and one, shall be and is hereby allowed two and one half per cent. on his collection for the said, in addition to the five per cent. by him already received, and that the auditor of public accounts shall issue a warrant for that purpose. 2. And be it further enacted, That all collectors who now are, or may hereafter be appointed by virtue of the act, entitled, "An act to provide more effectually for the collection of the public taxes in certain cases," and who shall, on or before the time appointed by law, pay into the public treasury the full amount of the public revenue due from the counties in which they now, or hereafter may act, shall be entitled to the additional compensation of two and an half per centum for the amount thereof, in the same manner as sheriffs are now entitled. 3. This act shall commence and be in force from and after the passing thereof. CHAP. 16.-An ACT suspending an execution against Richard Brooke. (Passed December 28, 1803.) ded. 1. Be it enacted by the general assembly, That the execution of Execution suspenthe commonwealth against Richard Brooke, late high sheriff of the county of King and Queen, shall be and the same is hereby suspended for twelve months. 2. This act shall commence and be in force from and after the Commencement. passing thereof. CHAP. 17.-An ACT allowing the additional sum of two and a half per cent. to William Martin and Watson Clarke, for the collection of the revenue tax of the county of Harrison for the year 1800. (Passed December 23, 1803.) ance. 1. Be it enacted by the general assembly, That William Martin Additional allowand Watson Clarke, deputy sheriffs of John Hacker, late sheriff of" Harrison county, shall be and are hereby allowed two and an half per cent. on their collection of the revenue tax for the said county, in the year one thousand eight hundred, in addition to the five per cent. by them already received, and that the auditor shall issue a warrant for that purpose. 2. This act shall commence and be in force from and after the Commencement. passing thereof. CHAP. 18.-An ACT granting warrants on the treasury to Samuel Clarke, Nimrod Tackett, James Handley and John Johnson, for certain sums of money. (Passed December 23, 1803.) to issue to Samuel Clarke. 1. Be it enacted by the general assembly, That the executive be Amount of warrant authorized to direct the auditor of public accounts to issue a warrant on the treasury for the sum of fifty-three dollars and twentysix cents, to Samuel Clarke, as deputy sheriff of Monroe county, which he expended in conducting Robert Pearson, a criminal from the said county, back to the penitentiary from whence he escaped; and that the executive be also authorized to direct the auditor to Warrant to issue to Tackett, Handissue a warrant on the treasury for the sum of one hundred and seley and Johnson. ven dollars and fifty-two cents, to Nimrod Tackett, James Handley and John Johnson, who were pressed as guards by the said Samuel Clarke, as deputy sheriff of Monroe county, to prevent the escape of him the said Pearson. 2. This act shall commence and be in force from and after the Commencement. passing thereof. CHAP. 19.—An ACT increasing the number and powers of the trustees of the town of Wheeling. (Passed December 28, 1803.) 1. Be it enacted by the general assembly, That in addition to the Additional truspersons heretofore appointed trustees of the town of Wheeling in tees appointed. the county of Ohio, George Knox, William Irvine, Thomas Evans, John Kerr, William M'Connell, Joseph Caldwell, John White and and appointed trustees of the said town, who shall have the like powers and have power to make and establish such bye-laws, rules and regulations, not contrary to the laws and constitution of this state or of the United States, as they may think necessary for protecting property in the said town against accidents by fire; to establish and regulate markets; to keep the streets and alleys in repair; to remove nuisances and obstructions therefrom at the expence of those who occasion them; to impose fines for violating any of the said rules and regulations, not exceeding five dollars for any offence, to be recovered before any justice of the county of Ohio, and for preTheir bye-laws to serving in all other respects good order in the said town. 'The said bye-laws and other regulations shall be entered in a book or books to be kept for that purpose, to which the trustees making the same shall affix their names; and such book or books shall, at all times, be open to the inspection of any person requesting the same; and that the proceedings of the said trustees may be carefully entered and preserved, they are hereby authorized to appoint a clerk, who shall be paid for his services out of the fines imposed by the said be recorded. How vacancies may be filled. Commencement. Preamble. Commissioners appointed. the lowest bidder. trustees. 2. Vacancies occasioned by the death, resignation or otherwise of any of the trustees hereby appointed, shall be supplied in the manner directed in like cases by the act establishing the said town, and the persons who may be elected shall have the same power and authority, as if they had been particularly named in this act. 3. This act shall commence and be in force from and after the passing thereof. CHAP. 20.-An ACT to establish a turnpike from Abingdon in the county of (Passed December 28, 1803.) Whereas it hath been represented to this general assembly that the establishing a turnpike road from Abingdon to Saltville in the county of Washington, will be of public utility: 1. Be it therefore enacted, That William King, Francis Preston, William Tate, William Poston, Samuel Edmiston, James White and David Campbell, junior, gentlemen, be, and they are hereby Road to he let to appointed commissioners, who, or a majority of them, are hereby empowered and directed to mark out and let to the lowest bidder the opening and making a turnpike road from Abingdon to Saltville as aforesaid, having first given two months previous notice at the courthouse of Washington of the time and place of letting such road: Provided however, That the tolls on the said road shall not exceed the following rates, to wit: On every loaded waggon and team, twenty-five cents; on every cart or tumbril, five cents per wheel; on all saddle horses and others not attached to carriages, six cents per horse; on all riding carriages, six cents per wheel; and for every head of nett cattle, one cent; and the rates of tollage agreed upon by the original contract may be received by the person, his heirs or assigns, undertaking the opening of the said turnpike, so soon as the said commissioners shall have deposited in the hands of the said undertaker their certificate that the road is compleated agreeably to their contract. Tolls allowed as soon as the road is compleated. Penalty for charging tolls before the road is compleated. 2. If the said undertaker, his heirs or assigns, shall charge any tolls upon the said road before the said certificate of the said commissioners shall be deposited in his hands, or after the same shall be deposited, shall charge any higher rates or rate of tollage than those herein allowed, he or they shall for every such offence forfeit and pay to the party grieved the tolls so received, and the further sum of ten dollars, recoverable before a single magistrate of the county of Washington. when the road is half finished. 3. Whensoever the said road shall be made, one half of the dis- Half tolls allowed tance from Abingdon to Saltville, at least twenty feet wide, with a sufficient ditch on each side, and well covered with gravel or stone so as to render the passage of waggons thereon as convenient as possible in the opinion of the said commissioners, it shall and may be lawful for the said undertaker or keeper to receive one half of the tolls hereby granted, and that on compleating the remainder to be adjudged as aforesaid, full tolls and rates shall be paid. sing to pay tolls 4. In case of refusal or neglect to pay toll at the time of offering How person refuto pass, the collector may lawfully refuse a passage to any article may be prosecusubject to such toll; and if any article subject to the payment of ted. toll as aforesaid, shall pass without paying the same, the collector may prosecute and pursue the remedy given by law to the owners of ferries, and to companies authorized by law to receive tolls. the control of the 5. That the tolls herein allowed shall be subject to the control of Tolls subject to the legislature at the end of three years after the completion of the assembly after said road, or at any time thereafter. three years. contract with the order. 6. The said commissioners are hereby authorized and empowered Commissioners to to contract and agree with the said undertaker, his heirs and as undertaker to keep signs, that he or they will constantly keep the said road in good the road in good and sufficient repair, and the contract so made shall be in writing, signed by the undertaker and commissioners, or a majority of them, and attested by two or more witnesses; and the commissioners shall Undertaker to give bond. moreover take bond with sufficient security, from the said undertaker, payable to themselves and their successors, in the penalty of three thousand dollars, with a condition reciting the contract, and that the said undertaker and his assigns shall and will truly and faithfully perform the same, and may be prosecuted on his bond from time to time in case of forfeiture, until the whole penalty shall be recovered in damages. commissioners 7. In case of the death, removal, refusal to act or resignation of How vacancies of a commissioner, such vacancy, so often as it happens, shall be sup- shall be filled. plied by appointments to be made by the court of the said county of Washington, and the person or persons so appointed shall have the same power, as if they had been particularly named in this act. act where persons their lands. 8. And in any case where the said road shall lead through the How they shall lands of persons who may be unwilling to suffer it to pass through object to the road the same, it shall and may be lawful for the person who may con- passing through tract for the opening of the same, upon application to the court of Washington, to procure a writ of ad quod damnum, to be executed as.in other cases of opening roads under the general road law, and shall pay the damages assessed by the jury to the person affected thereby, before he shall be permitted to open the same, and the costs of the inquest. receiving tolls al 9. And be it further enacted, That there shall be only one place Only one place for of receiving the tolls upon the said turnpike, which place shall be lowed. designated by the said commissioners, and if any toll or tolls shall be demanded at any other place than that so designated by the said commissioners, the owner or keeper of the turnpike, shall for every such offence, incur the same forfeiture and penalty as is prescribed |
