&c. Duty of mayor, the respective candidates; and thereupon it shall be the duty of the mayor, or in his absence, the recorder or eldest alderman, as the case may be, to lay the said polls before the next common hall; and in case doubts should arise as to the election or qualifications of any person or persons returned elected as aforesaid, the same shall be In what case ser- decided on by the common hall; and if any person shall be adjudged disqualified or not duly elected, notice thereof shall be given to the sergeant, who shall, after giving reasonable notice, hold another election or elections for the purpose of supplying the vacancy or vacancies occasioned as aforesaid. All other vacancies occur. ring in the common council shall be supplied as heretofore. geant to hold another election. When right to vote is doubtful, voter to swear. Sergeant unable to attend election may appoint a deputy. In case of no election, former election can take ones to act till place. Charter to remain 2. Upon all questions as to the qualifications of persons to vote for common councilmen as aforesaid, it shall be the duty of the sergeant, before he receives the vote, to administer to the person offering the same an oath, that he verily believes himself to be duly qualified by law to vote for common councilmen of the said city. 3. If from any cause the sergeant should be unable to attend an election to be holden by virtue of this act, he shall be authorized to appoint a deputy for that purpose, who shall in all things have the same powers that are given to, and perform the same duties that are required of the sergeant relative to such elections. 4. And be it further enacted, That in case, by any cause, the election of the said twelve persons, to serve as common councilmen, should not be holden on the day prescribed by this act, in that case the election shall take place as soon as possible after the impediment is removed; and the persons last acting as common Councilmen shall continue to hold and exercise their respective offices until another election shall take place, in the same manner that they might have done during the term for which they were elected. 5. And be it further enacted, That the charter of the said except as contrary city shall remain unaltered, except so much thereof as is contrary to act. Commencement. Preamble. Obstructions to passage of fish prohibited in ring certain pe riods. Penalty on offenders. to this act. 6. This act shall commence and be in force from and after the passing thereof. CHAP. 98.-An ACT to prevent obstructions to the passage of fish in the river Staunton. (Passed December 18, 1807.) Whereas it is represented to this present general assembly, that there have been heretofore erected or fixed in the river Staugton many dams, traps, hedges and other obstructions to the passage of fish: For remedy whereof, 1. Be it enacted and declared, That no person or persons shall erect, exercise or use any dams, traps, hedges or other obstrucStaunton river du- tions, or any of them, for the purpose of stopping the free passage of fish up and down the said river, between its junction with Dan river and the Blue Ridge, from the first day of March to the first day of June in every year; and if any person or persons shall presume to erect, exercise or use the same, or any of them, for the purpose aforesaid, within the time and distance hereby prescribed, he, she, or they, so offending, shall forfeit and pay five dollars for every twenty-four hours he, she or they shall so erect, exercise or use the same, or any of them: Provided however, That this act shall be so construed as not to prohibit any dam, trap, hedge or Proviso. other obstruction, where there shall be a sluice still left for the free passage of fish at least thirty feet wide. covered and ap 2. The penalty imposed by this act, shall be one moiety to the Penalty, how reinformer, and the other to the use of the county wherein the of- plied. fence may have been committed, recoverable with costs, by action of debt or information. The offenders under this act may also be presented by the grand juries, and in all cases of conviction on presentment, or by private information, where there shall be no other evidence to convict the offender, but the informer's own oath, the whole penalty shall be to the use of the county wherein the conviction shall be had. 3. This act shall commence and be in force from and after the commencement. passing thereof. CHAP. 99.-An ACT to amend the act, entitled, "An act to incorporate two companies for the purpose of cutting a navigable canal from Roanoke river to Meherrin river, and another navigable canal from Nansemond river to Bennett's creek in the state of North Carolina." (Passed January 19, 1807.) Whereas representations have been made to this general assem- Preamble. bly that the important objects which were intended to be accomplished by an act passed on the eleventh day of January, in the year one thousand eight hundred and five, entitled, "An act to incorporate two companies for the purpose of cutting a navigable canal from Roanoke river to Meherrin river, and another navigable canal from Nansemond river to Bennett's creek in the state of North Carolina," cannot be effected without the most liberal encouragement given to those who would embark in the undertaking; and particularly, that men of sufficient capital will not subscribe their money without an assurance of having a permanent interest in the result of their enterprize; and whereas the general assembly of the state of North Carolina, by an act passed on the twentieth day of December, in the year one thousand eight hundred and six, have amended the law of the said state for incorporating the said companies, and extended their charters according to the provisions hereinafter contained : in subscribers for 1. Be it therefore enacted, That for and in consideration of the Property in canal, expenses the proprietors of shares subscribed, or which may here- locks, &c., vested after be subscribed, according to the provisions of the said recited 999 years. act, may incur, not only in cutting the said canals, erecting locks and performing other works necessary for the said navigation, but in maintaining and keeping the same in repair, the said canals, locks, and other works, with all their profits and appurtenances, shall be, and the same are hereby vested in the said proprietors, their heirs and assigns, for and during the term of nine hundred and ninety-nine years, to be computed from the completion of the said works, as tenants in common, in proportion to their respective shares: Provided, That the said companies shall commence their Proviso. works within five years from the passing of this act, and shall complete the same within twenty years thereafter. pired, revived, &c. 2. And be it further enacted, That all such parts of the said re- Parts of former cited act as by their own limitations and provisions may now have law which had exbecome void or expired, shall be and are hereby re-enacted and enforced as fully, and in like manner and effect, as if they were herein particularly set forth and repeated: substituting, nevertheless, for Commissioners for receiving subscriptions, &c. Commencement. Preamble. Time for com longed. "the first Monday in May next," mentioned in the seventh section of the said recited act, the first Monday in May now next; for "the first Monday in May, in the year one thousand eight hundred and six," the first Monday in May, in the year one thousand eight hundred and eight; for "the first Monday in May next," mentioned in the fourteenth section of the said recited act, the first Monday in May now next; and, for "the first Monday in November following," mentioned in the said fourteenth section, the first Monday in November now next; and excepting also the first clause of the sixteenth section of the said recited act, which clause shall be and it is hereby repealed. 3. And be it further enacted, That the books to be opened for receiving subscriptions in the county of Pittsylvania, shall be under the management of John Barnett and Nathaniel Wilson; in Franklin, of William A. Burwell and Henry T. Callaway; in Patrick, of Greensville Penn and Charles Foster; in Henry, of Benjamin Jones and Patrick H. Fontaine; in Halifax, of Meades Anderson and Isaac H. Coles; in Charlotte, of Thomas Read, senior, and William L. Morton; in Mecklenburg, of Alexander Boyd and Grief Green; in Lunenburg, of Waddy Street and George Craghead; in Brunswick, of John Jones, Nathan Fletcher and Philip Claiborne ; in Greensville, of Joshua C. Lundy and John Avery; in Southampton, of Joshua Fort and Joseph Ruffin; in Sussex, of John R. Mason and James C. Bailey; in Isle of Wight, of John H. Purdie and Richard W. Byrd; in Nansemond, of Thomas Swepson and Charles Whitlocke; and in Norfolk, of William King and Richard E. Lee. 4. This act shall commence and be in force from and after the passing thereof. CHAP. 100.-An ACT concerning the Dismal swamp canal company. Whereas it has been represented to this general assembly by the Dismal swamp canal company, that the said company, notwithstanding the greatest exertions, will not be able to complete the canal and other works undertaken by them within the time to which they are limited by law; and whereas it consisteth with the true policy of states to encourage works of public utility: 1. Be it enacted by the general assembly, That the further time pleting works pro- of six years, to be computed from the first day of August, one thousand eight hundred and six, be allowed to the Dismal swamp canal company to complete their canal and other works in such a manner as to entitle them to receive the tolls granted by law. Commencement. Trustees appoint Indians. 2. This act shall commence and be in force from and after the passing thereof. CHAP. 101.-An ACT to amend the several laws concerning the Nottoway 1. Be it enacted by the general assembly, That Henry Blow, Wiled for Nottoway liam Blow and Samuel Blount, of the county of Southampton, shall be, and are hereby constituted and appointed trustees for the Nottoway tribe of Indians, in the room of the trustees who have heretofore been appointed, and shall be authorized and empowered, for and on behalf of the said Indians, to call upon the trustees who have hitherto acted, for a settlement of their accounts, and to de mand and recover from them, or the executors or administrators of them, or any of them, whatever sum or sums of money or tobacco may be justly due from them, or any of them, to the said tribe of Indians. duties. 2. And be it further enacted, That the trustees hereby appointed, Their powers and and their successors, or the majority of them, shall have power and authority, and it is hereby declared to be their duty, to make any bye-laws, rules and regulations, not contrary to the constitution or laws of this commonwealth, which they may think necessary for the good government and management of the affairs of the said Indians, and the preservation of their property, and to apply the said property in such manner as they, or a majority of them, may deem necessary, for the maintenance and support of each of the said Indians, so long as any of the said tribe shall be living, and should the said tribe become extinct, shall thereupon pay so much of the money belonging to the said tribe, as shall remain unapplied to their use, into the public treasury. remove trustees 3. And be it further enacted, That upon complaint of the said Executive may Nottoway tribe of Indians against the trustees hereby appointed, or for good cause. their successors, or any of them, at any time hereafter, the governor, with the advice of the council of state, shall be authorized to remove any of the said trustees, or of their successors, and to appoint others in their room, who shall thereupon be empowered to call upon their predecessors for a settlement of accounts, and to exercise all the other powers vested in the trustees appointed by this act. supplied. 4. And be it further enacted, That upon the death, resignation Vacancies, how or removal out of the county of Southampton, of any of the said trustees, it shall and may be lawful for the remaining trustees, or a majority of them, to supply the vacancy occasioned by such death, resignation or removal, and the persons so appointed by the said trustees, shall have as full power as if they had been herein particularly mentioned. 5. This act shall commence and be in force from and after the Commencement. passing thereof. CHAP. 102.-An ACT authorizing the county court of Lee to appoint persons to solemnize the rites of matrimony. [Passed January 20, 1807.] Whereas it is represented to this general assembly, that the citi- Preamble. zens of Lee county experience great inconveniences for want of a sufficient number of persons authorized to celebrate the rites of matrimony between persons desirous of entering into that state: For remedy whereof, county authorized 1. Be it enacted by the general assembly, That the court of the Court of Lee said county of Lee, from time to time, as they shall deem it neces to appoint persons sary, are hereby authorized to appoint any number of persons resi- to solemnize marriages, &c. dents within the said county, not exceeding three, including those now appointed, who by virtue of this act, shall be authorized to celebrate the rites of matrimony within the said county. 2. All and every person or persons, as aforesaid, appointed for Persons to be quathe said purpose, shall qualify themselves in like manner, shall discharge the like duties, be subject to the like penalty or penalties for breach thereof, and shall be entitled to the like fees, as are directed and prescribed by the act passed on the third day of December, one thousand seven hundred and ninety-four, entitled, " An act to amend lified, &c. Commencement. Commissioners. To examine into the act to regulate the solemnization of marriages, prohibiting such as are incestuous or otherwise unlawful, to prevent forcible and stolen marriages, and for punishment of the crime of bigamy:" Provided nevertheless, That nothing contained within this act shall be so construed as to prevent the said court from granting testimonials to celebrate the rites of matrimony to ministers of the gospel, under the act, entitled, "An act to regulate the solemnization of marriages, prohibiting such as are incestuous or otherwise unlawful, to prevent forcible and stolen marriages, and for punishment of the crime of bigamy." 3. This act shall be in force from the passing thereof. CHAP. 103.-An ACT appointing commissioners to view the road directed to be opened from the upper navigation of James river to the upper navigation of Kanawha river. (Passed January 20, 1807.) 1. Be it enacted by the general assembly, That Charles Beale, Joseph Grigsby and Martin M'Ferran, gentlemen, be, and they are hereby appointed commissioners, any two of whom, after being duly sworn to execute faithfully and impartially the duties required of them by this act, are hereby authorized and directed, before the first To view the road. day of July next, to view the road which, by virtue of the several acts of the general assembly, hath been opened from the upper navigation of James river to the lower end of Soop creek shoals, on Kanawha river, and ascertain whether, in their opinions, the same hath been completed agreeably to law; and also to enquire diligently as to the disbursements made by the superintendant of the said road, in opening the same; and the said commissioners shall make report thereof, so soon as it may be practicable, to the executive of this commonwealth; and if by such report it shall appear to the executive that the said road hath not been completed according to law, it shall be their duty to prosecute upon the bond given by the said superintendant for the execution of the duties required of him relative to the said road: and the executive are hereby required to furnish the said commissioners with such documents as they may think necessary and proper to enable them to perform the duties required of them by this act. disbursements of superintendant and report to the executive. Duties of executivo. Allowance to commissioners. Commencement. R. Colwell and J. 2. Be it further enacted, That each of the said commissioners be, and they are hereby allowed the sum of three dollars for each day they shall be engaged in carrying into effect the provisions of this act, to be paid out of any money in the treasury not otherwise appropriated, by warrant to be issued by the auditor, by order of the executive: Provided, Such accounts are certified by the county courts of Greenbrier or Kanawha: Provided also, That the whole time they are employed shall not exceed fifteen days. 3. This act shall commence and be in force from and after the passage thereof. CHAP. 104.-An ACT authorizing Robert Colwell and John Coulter to erect a mill dam at the lower end of Willow island, on the Ohio river, in the county of Brooke. [Passed January 21, 1807.] 1. Be it enacted by the general assembly, That it shall be lawful rized to erect mill for Robert Colwell and John Coulter, their heirs and assigns, to erect a dam, not exceeding two feet high above low water mark, dam on Ohio. |