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7. In every case of non-residence, where the property subject to When lot is vathe tax hereby imposed shall be vacant, and the proprietor thereof caut how to proshall have no property within the corporation subject to distress and sufficient to raise the tax due, it shall be lawful for the said collector, in the name of the corporation, to recover the amount of the tax so due from such person or persons, by motion in a summary way before any court within this commonwealth, ten days previous notice of such motion being given to the person or persons chargeable with the amount of such tax.

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

Chap. 74.-An ACT concerning Isaac Kelly.

(Passed January 3, 1807.) 1. Be it enacted by the general assembly, That the damages and Damages, &c. reinterest on a judgment obtained in the general court, on the twelfth mitted. day of June last, against Isaac Kelly, late sheriff of Ohio county, shall be and the same are hereby to all intents and purposes fully remitted to him the said Isaac Kelly.

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

Cuap. 75.-An ACT for ascertaining the northern boundary of Norfolk bo

rough.

[Passed January 3, 1607.] 1. Be it enacted by the general assembly, That William White, Commissioners John Hancock and Thomas Calvert, gentlemen, or any two of appointed them them, be and they are hereby empowered, with a surveyor du- boundary of Nor

folk borough. ly sworn and commissioned, to cause the line of the northern boundary of the borough of Norfolk to be ascertained and run agreeably to the act passed in the year one thousand seven hundred and sixty-one, entitled, “ An act for enlarging and ascertaining the limits of the borough of Norfolk, and for other purposes therein mentioned;" and when the said line shall be so ascertained, a report thereof shall, by the commissioners above named, or such of them as may perform the said services, be made to the court of the said borough, and thenceforth the said line so run and ascertained, shall be established and confirmed; and the said court, beside allowing all necessary expenses that may be incurred in executing this act, shall make to the said commissioners, for their services to be performed in virtue hereof, a reasonable and adequate compensation, to be paid out of the funds of the said borough.

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

Commencement.

CHAP. 76.-An ACT establishing several towns.

(Passed January 5, 1807.) 1. Be it enacted by the general assembly, That ten acres of land Town of Woalslying adjacent to the town of Jefferson in the county of Culpeper, borough estab

. the property of Martin Fishback, Mourning Hurt, Richard Nauzy, John Lampkin and James Newman, so soon as the same shall be Jaid off into lots with convenient streets, shall be established a town, by the name of Wealsborough, and that Thomas Spilman, John Trustoes. Puller, Thomas Spindle, William Tapp and John Fishback, shall be and are hereby appointed trustees thereof.

Town of Madi. son.

Trustees.

Town of Mount
Pleasant.

2. That twenty acres of land, the property of Samuel Woodson, at or adjoining the courthouse of the county of Goochland, so soon as the same shall be laid off into lots with convenient streets, shall be established a town, by the name of Madison, and that Thomas Miller, William R. Fleming, John Curd, Isaac W. Pleasants, Granville Smith, William Bolling and James B. Ferguson, shall be and are hereby appointed trustees thereof.

3. That seventy-five acres of land, the property of Thomas Burchinal, in the county of Monongalia, so soon as the same shall be

Jaid off into lots with convenient streets, shall be established a Trusteos. town by the name of Mount Pleasant, and that Benjamin Reeder,

Dudley Evans, John Willitts, Jonathan Brandon, William Johoson,
Hedgman Triplett and Thomas Eldridge, shall be, and are hereby

appointed trustees thereof. Powers, duties, 4. The trustees of the said towns, or a majority of them, are

empowered to make such rules and orders for the regular building of houses therein, as to them shall seem best, and to settle and de

termine all disputes concerning the bounds of the lots. Purcbasers of lots, 5. So soon as the purchaser of any lot in either of the said their privileges,

towns, shall erect a dwelling house thereon equal to sixteen feet square, with a brick or stone chimney, such purchaser shall enjoy

the same privileges that the freeholders and inhabitants of other Vacancies towns, not incorporated, hold and enjoy. Vacanies by death, reamongst trustees, how supplied. signation, removal or otherwise, shall be supplied by the remaining

trustees, or a majority of them, and the person or persons so elected, shall have the same power as if they had been named in this act.

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

&c. of trusteos.

&c.

Commencoment.

Preamble.

Regulations as to lamps, &c.

Chap. 77.--An ACT making certain amendments to the act authorizing mill

dams to be built across the Monongalia river.

(Passed January 6, 1807.) Whereas it is represented to this present general assembly, that some of the provisions of the act of the last session, entitled, “ An act authorizing mill dams to be built across the Monongalia river," are unnecessarily oppressive upon the owners of such dams, and that the navigation of the said river and its branches might be equally secured with less expense and trouble than the provisions of the said act impose upon the builders of such dams:

1. Be it therefore enacted, That so much of the said recited act, or of any other act of the general assembly, as requires the owners of such dams to keep lamps suspended over the slopes thereof during the night, and to erect such slopes adjoining to the mill or other works for which such dams are or have been erected, and to cause such dams to be built in every part, except upon such slopes, one foot and one half higher than the highest elevation of their respective slopes, shall be and the same is hereby repealed.

2. Be it further enacted, That the slopes required to be built upon any dams heretofore erected, or hereafter to be erected, in the said river or its navigable branches, by any former act or acts, may be erected in any part of such dams, so as best to secure the safe navigation of boats or other vessels passing through the same, and that every such dam shall in every part thereof, except at such slope, be erected eight inches higher than the highest elevation of the slope,

As to slopes.

and be so constructed as to cause a sufficient quantity of water to flow through such slope, for the purpose of navigation.

3. Be it further enacted, That slopes erected in virtue of any Angle of inclinaformer law, or to be hereafter erected, shall be sufficient if the an

tion, what. gle of their inclination with the horizon, exceeds not six degrees.

4. And be it further enacted, That so much of any former law Repealing clauso. as requires dams erected in the said river or its navigable branches, to be extended from the mill or other works, upwards across the stream, upon an angle at least twenty degrees less than a right angle with the current, shall be and the same is hereby repealed.

5. This act shall commence and be in force from and after the Commencement. passage thereof.

CAAP. 78.-An ACT concerning Andrew Lewis.

(Passed January 6, 1807.). Whereas it appears that a judgment has been recovered on behalf Preamblo. of Andrew Cowan, in the county court of Montgomery, against Andrew Lewis, on account of services rendered to the commonwealth by several persons enlisted as soldiers in said Lewis's company, on the frontiers, in the year one thousand seven hundred and ninety-three, of whose claims the said Andrew Cowan was assignee; and that the said Lewis has paid the amount of the said judgment, with interest and costs, and has not been reimbursed therefor; and it appearing reasonable that the said judgment, with interest and costs, should be paid by the public:

1. Be it therefore enacted by the general assembly, That the Auditor to issuo auditor of public accounts be, and he is hereby authorized and re- drew Lewis. quired to issue a warrant or warrants to the said Andrew Lewis for the sum of six hundred and twelve dollars, sixty-nine cents, being the amount of the principal, interest and costs of the said judgment, to be paid out of any money in the treasury.

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

Cuap. 79.–An ACT concerning certain claims against the commonwealth.

(Passed January 6, 1807.) Whereas claims of long standing, and which have been liqui- Preamblo. dated by the auditor of public accounts, for expenses incurred by the county and corporation courts, for the trial of criminals prior to the year one thousand seven hundred and eighty-eight, particularly those due to the counties of Fairfax and Fluvanna, remain yet unpaid : and it appearing that no provision, other than the arrearages of the certificate tax and those due prior to the year one thousand seven hundred and ninety-six, hath ever been made for payment thereof; and the said provision appearing now to be totally inadequate to meet the said claim in any reasonable time:

1. Be it enacted by the general assembly, That the auditor of Certain claime of public accounts be, and he is hereby authorized to take in the

vanna to be paid. vouchers of the claim of the county of Fairfax, amounting to eleven hundred and one pounds five shillings; and of the county of Fluvanna, amounting to one hundred and twenty-seven pounds, thirteen shillings and three pence; and issue new warrants on the treasurer for the same; bearing interest from the respective dates of such new warrants. And upon the exhibition of the vouchers

Fairfax and Flu.

Similar claims provided for.

of similar claims from other counties, he shall, in like manner, take
the same in, and issue new warrants, bearing interest from their
dates respectively for the same: All which warrants, so re-issued,
shall be paid out of the arrearages of taxes prior to the year one
thousand eight hundred and one; and should those arrearages not
be sufficient to satisfy the said warrants, on or before the first day
of January, one thousand eight hundred and ten, then the said
warrants re-issued, or so much of them as may remain uopaid, to
be paid out of any monies in the public treasury.

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

Commencement.

powers.

Chap. 80.–An ACT increasing the powers of the trustees of Yorktown.

(Passed January 6, 1807.)
Trustees of York 1. Be it enacted by the general assembly, That the trustees of
town, vested with the town of York, in the county of York, or a majority of them,

may and shall from time to time, as they shall see cause, assemble
at some convenient place in the said town, and shall have power to
make and establish such bye-laws, rules and regulations, not con-
trary 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 fire or other accidents; to establish and regulate
markets; to keep the streets and alleys in repair ; 10 remove ibere-
from nuisances and obstructions, at the expense of those who occa-
sion them; to impose fines for violating any of the said rules and
regulations not exceeding five dollars for any offence, to be re-
covered before any justice of the peace of the said county of
York, and for preserving in all other respects, good order in the
said town. The said bye-laws and other regulations shall be en-
tered in a book or books, to be kept for that purpose, to which the
trustees making the same shall aflix their names; and such book
or books shall, at all times, be open to the inspection of any per-
son requesting the same.

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

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Commoncement.

Caap. 81.-An ACT concerning the militia of the town of Petersburg.

(Passed January 6, 1807.) Preamble.

Whereas it is represented to the general assembly, that the particular local situation of the town of Petersburg renders it essential that some change should be made in the organization of the

militia of the said town:
Musters, when to) 1. Be it therefore enacted by the general assembly, That in fu-
take place.

ture there shall be a muster of each company of the militia in the
said town, including the light companies, troops and artillery, once
in every month in the year, except the months of December, Janu-
ary, February and March, and those other months in which the re-
gimental and battalion musters may be held; all which musters,
except those of the regiment and battalion, shall be held at such
times and places as shall be appointed and directed by the captains
or commanding officers of the respective companies; and notice
shall be given at one muster of the time and place appointed for

the ensuing one.
Fines, what. 2. In lieu of the fines now imposed by law on the said militia,

any non-commissioned officer or private failing to attend his regi

mental, battalion, or company muster, armed and equipped as the law directs, shall forfeit and pay a sum not less than seventy-five cents, nor more than five dollars; and the fines on the commissioned officers shall also be increased in the same proportion. In all other cases of delinquency under the existing laws, for which fines are imposed, the said fines shall be increased upon all persons, whether officers, non-commissioned officers or privates, in such manner as the respective courts of enquiry having cognizance thereof, shall think fit and direct, not exceeding five hundred per centum on the present fines already imposed by law for such delinquencies.

3. In order to ensure a speedy collection of fines, there shall be How collected. a battalion court of enquiry for the assessment of fines, held at the discretion of the commanding officer of the battalion, at least once in every two months of those in which musters are directed to be held, and the fines then assessed, shall, within ten days thereafter, be placed in the hands of the collector for collection. The commanding officer of the said battalion shall have power to suspend the collection of any fine until the next battalion court of enquiry, who may remit the same for good cause.

4. The commanding officer of the battalion, by and with the Collector to be apconsent of the battalion court of enquiry, shall be, and is hereby pointed. authorized and empowered to appoint a collector to the battalion, who shall, within the limits of the said town of Petersburg, have the same power in the collection of the fines placed in his hands to collect, as is granted in like cases to sheriffs and sergeants within their counties and corporations, and shall receive such compensation therefor as the regimental court of enquiry shall deem just and reasonable, conforming to the act of assembly in such case made and provided. The collector so to be appointed, shall, before Collector to givo he enters upon the duties of his office, give bond with approved se- bond, &c. curity, in such penalty as may be required by the commandant of the regiment, for the faithful discharge of the duties of his office; which bond shall be made payable to the governor of this commonwealth, and his successors, and shall be sued upon as bonds given by collectors of public taxes.

5. So much of the fines imposed by this act as shall exceed those Fines, how appro now imposed by law, shall be subject to the sole and exclusive ap

printed. propriation of the common hall of the said town.

6. And be it further enacted, That it shall be the duty of the Militia to be armexecutive to furnish the militia of the said town with all necessary arms and accoutrements.

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

ed.

Chap. 82.-An ACT establishing several ferries and increasing the rates of

two former ones.

(Passed January 6, 1807.) 1. Be it enacted by the general assembly, That public ferries Public ferries osshall be constantly kept at the following places, and the rates of tablished. passing the same as followeth, that is to say: From the land of From land of W. William Filchett, in the county of Mathews, across Piankitank ri Churchill's poiat. ver, to Churchill's point on the opposite shore in the county of Middlesex, the price for a man twelve and one half cents, and for an horse the same; from the land of James Waugh, in the county of or J. Waugh to

land of T. W.W. Amherst, across Fluvappa rivet, to the land of Tamerlane William Davies.

Filchett to

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