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from their land at the lower end of Willow island, in the county of
Brooke, on the north-western side of the Ohio river, across that part
of the Ohio river running between the said Willow island and the
western shore, for the purpose of working grist and other mills :
Provided nevertheless, That if any person or persons navigating Proviso.
the said river, shall sustain any damages in his, her or their vessels,
boats, rafts or cargoes, by occasion of the said dam, and it shall
appear that such damage could not have been avoided by the usual
and customary vigilance and caution of persons navigating the said
river, then, and in every such case, the owner or owners of the said
dam shall be liable to the action of the party injured for the amount
of the damages so to be sustained.

2. This act shall commence and be in force so soon as the legis- Commencement. lature of the state of Ohio shall pass a law giving their assent to the provisions of this act.

Chap. 105.—An ACT placing Peggy Giles on the pension list.

(Passed Jaguary 21, 1807. 1. Be it enacted by the general assembly, That Peggy Giles, the Peggy Giles placed widow of James Giles, late a constable in the county of Spotisylva

on pension list. nia, who has been slain in the execution of his official duty, shall be placed on the pension list, and shall receive annually during her life, the sum of seventy-five dollars, for the exclusive use of herself and her children by the said James Giles. 2. This act shall be in force from the passing thereof.


be held.

Chap. 106.–An ACT concerning the militia of the town of Portsmouth.

(Passed January 22, 1807.) Whereas from the particular local situation of the town of Ports- Preamble. mouth, it is adjudged expedient that some change should be made in organizing the militia thereof:

1. Be it therefore enacted, That in future there shall be a mus- Musters, when to ter 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, January, February and March, and those other months in which the regimental and battalion musters may be held ; all which musters shall and may be held at such times and places as the regimental court of enquiry shall from time to time direct and appoint.

2. That in lieu of the fines now imposed by law on the said mi- Fines, what. litia, any non-commissioned officer or private failing to attend bis regimental, battalion, or company muster, armed and equipped as the law directs, shall forfeit and pay not less than three 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, noncommissioned officers or privates, in the proportion above stated, that is, fourfold.

3. In order to insure the speedy collection of fines, there shall Fines, how to be be a battalion court of enquiry, for the assessment of fines, (held at the discretion of the commanding officer of the regiment,) at least once in every two months of those months in which musters are directed to be held, and the fines then assessed shall be placed in the



hands of the collector for collection, within ten days after every

such court. Officers to appoint 4. The commandant of the regiment, and the major of the bat

talion, together with the captains of the several companies of the militia in the said town, or a majority of them, shall be and are hereby authorized to appoint a collector to the regiment, who shall have the same power of a sheriff or sergeant in the collection of the fines placed in his hands to collect, and shall receive such compensation there for, as the said officers of the militia appointing him, shall deem just and reasonable, conforming to the aci of assembly in such case made and provided. And the collector so appointed shall previously to entering on the duties of his office, give bond with approved security in such a penalty as the commandant of the regiment may think proper, 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 such collector, his security or securities, shall be liable in the same manner as sheriffs are

liable for militia fines received by them for collection. Fines, how appro- . 5. And be it further enacted, That all additional fines imposed priated.

by virtue of this act, shall be appropriated by the regimental court of enquiry.

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




Resolved, That the general assembly have the highest confidence in the wisdom, firmness and patriotism of the president of the United States.

Agreed to December 17th, 1806.

Resolved, That it is inexpedient to adopt the amendment recommended by the state of Kentucky to the constitution of the United States.

Agreed to December 30th, 1806.

The general assembly having received and respectfully considered the resolutions of the legislatures of the states of Maryland and Tennessee, on the subject of obtaining an amendment to the constitution of the United States :

Resolved, That it is unnecessary to attempt to obtain the amendment proposed by the said resolutions.

Agreed to January 15th, 1807.

Resolved unanimously, That the senators of this state in the congress of the United States be instructed, and the representatives requested, to use their endeavours to procure a farther time for locating and surveying the lands on the north-west side of the Ohio river, reserved by this state for the Virginia troops upon continental establishment.

Agreed to January 20th, 1807.

Resolved, That the executive be authorized to purchase at the expense of the commonwealth, twenty copies of the map of Virginia, recently published by the right reverend James Madison and others, to be by them disposed of as follows, to wit: One copy for the use of the executive, and one for each branch of the legislature of this commonwealth; one other copy to be presented to the congress of the United States, and the remaining copies to be presented to the legislatures of the respective states.

Agreed to January 20th, 1807.

Resolved, That the executive be requested so to direct the operations of the manufactory of arms, that a greater quantity of arms may be finished during the present year, than were finished during the last year, and so that the quantity of parts of unfinished arms and stock of unwrought materials on hand, may not be increased during the present year.

Agreed to January 21st, 1807.

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Chap. 1.-An ACT imposing taxes for the support of government.

(Passed February 5, 1808.) 1. Be it enacted by the general assembly, That the public taxes Public taxes for for the year one thousand eight hundred and seven, shall be as follows, to wit: On lands, for every hundred dollars value, agreeably what. to the equalizing law, forty-eight cents; for every slave above the age of twelve years, except such as shall be or have been exempled in consequence of age or infirmity, by the respective county or cor. poration courts, forty-four cents; for every stud horse or jack ass, iwice the price such horse or ass covers a mare by the season; for all other horses, mules, mares and colts, twelve cents each; for every ordinary license, five dollars on every hundred dollars of the rent of such ordinary, to be ascertained by the rent paid by the tenant; and where such tavern is in the occupation of the proprietor, the yearly value shall be ascertained by the commissioners of the revenue : Prorided, That for every ordinary license, not less than twelve dollars and fifty cents shall be paid; for every four wheeled riding carriage, except phætons and stage waggons, one dollar and twenty-five cents per wheel; for all phạtons and stage waggons, eighty-four cents per wheel; for every other riding carriage with two wheels, forty-three cents per wheel; for all houses and lots in town, one dollar and fifty-six cents on every hundred dollars of the rent thereof, to be ascertained by the rent paid by the tenant; and where such lot or house is in the occupation of the proprietor, the yearly rent or value thereof shall be ascertained by ihe commissioners of the revenue, or either of them, by comparison

* The following acts, passed at the session of 1807-8, were not embraced in the original design. See act 1st vol. p. 2 of the publication.

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