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Persons exempted in a preceding clause of this act: nothing herein contained shall
be so construed as 10 authorize the collector or keeper of the said turnpike to demand or receive toll from any person going to, or re
turning from court, or going to, or returning from mill. Two years allow. 10. And be it further enacted, That if the said undertaker shall ed to begin, and
not begin the work within two years after the same is let, or shall soven years to finish said road. not compleat the same within seven years thereafier, in the manner
herein before directed, then shall the interest of the said underta
ker in the road and tolls aforesaid be forfeited and cease. Commencement. 11. This act shall commence and be in force from and after the
Chap. 21.-An ACT to enable persons in custody on behalf of the common
wealth to take the oath of insolvency.
(l'assed December 28, 1803.) Persons imprison 1. Be it enacted by the general assembly, That from and afed for fines may take the oath of
ter the passing of this act, it shall be the right of every person on insolvency. whom any fine or amercement has been or hereafter shall be im.
osed by the judgment of any court, and who by such judgment is directed to stand comınitted until the fine or amercement is paid, or who is or shall be in custody by virtue of any capias pro fine or execution on behalf of the commonwealth, to take the oath of insolvency in the same manner as is now directed by law in the case of insolvent debtors, and shall thereupon be discharged out of custody: Provided nevertheless, That nothing in this act contained shall be so construed as to comprehend cases when by the judgment of any court a certain period of imprisonment is imposed as a punishment, but in every such case the party shall remain in custody until such period is expired, or until he or she shall be otherwise
discharged by due course of law. Their property to 2. And be it further enacted, That the property and effects surbe sold as insol
rendered by such insolvent shall be sold by the sheriff in the same manner as is now directed by law in the case of insolvent debtors, of which the sheriff shall return an account to the clerk of the court in wbich such judgment was rendered, within thirty days thereafter, under the penalty of one hundred dollars for every failure, to be recovered by motion in the said court; and it shall be the duty of the attorney prosecuting on behalf of the commonwealth in such court to move against such sheriff: Provided, That
he have ten days previous notice of such motion. How the proceeds 3. The clerks shall certify the amount or proceeds of such sales are to be applied. and the sheriff shall account for them in the same manner as is
now directed by law in other cases of fines. Commencement. 4. This act shall commence and be in force from and after the
Chap. 22.-An ACT for establishing an academy in or near the city of Rich
(Passed December 29, 1203.] 1. Be it enacted by the general assembly, That John Page, George Wythe, George Hay, Edinund Randolph, George Tucker, Alexander M'Rae, John Brockenbrough, George Pickett, John Marshall, John Harvie, William Foushee, John H. Foushee, Robert Gamble, Alexander Stuart, Meriwether Jones, Skelton Jones, William Mosely, Edward Carrington, John Wickham, Bennett
Taylor, Robert Pollard, Gervas Storrs, Joseph Selden and John Adams, be, and they.are hereby constituted a body politic and corporate, by the name of the trustees of " The Richmond Academy,” and by that name shall have perpetual succession and a comnion seal; may sue and be sued, plead and be impleaded in any court of law or equity. That the said trustees or a majority of them, by the name aforesaid, shall be capable in law, to purchase, receive and hold, they and their successors forever, any lands, tenements, rents, goods and chattels, of what kind soever, which may be pur. chased by, or devised or given to them, for the use of the said academy, and to lease, rent, sell or otherwise dispose of the same in such manner as to them shall seem most conducive to the advantage of the said academy.
2. The said trustees and iheir successors, or a majority of them, Their powers and shall have power from time to time to make and establish such bye
duiy. laws, rules and regulations, not contrary to the constitution and laws of this commonwealth or of the United States, as they may judge necessary for the government of the said academy, and io To appoint a treaappoint a president, secretary, tutors, librarian and treasurer, and surer. any other officers that may be necessary. The treasurer shall receive all monies accruing to the said academy, and property delivered to his care, and pay or deliver the same to the order of the said trustees or a majority of them; and before he enters upon the His qualification duties of his office, shall give bond and security in such sum as the and duty. said trustees or a majority of them shall order and direct, payable to them and their successors, with a condition for the faithful discharge of the trust reposed in him, and that he will, when required by the said trustees or a majority of them, render a just and true account of all monies, goods and chattels, received by him on account of and for the use of the said academy.
3. The said treasurer shall receive such salary as may be allowed His salary. by the said trustees or a majority of them; and if he fails to render when required a just and true account of all monies, goods and chattels, which may come to his hands by virtue of his office, it shall be lawful for the said trustees or a majority of them, to obtain a judgment for the amount or value thereof, by motion in any court of record in this commonwealth, against the said treasurer and his securities, his or their heirs, executors or administrators, and execution shall thereupon issue in like manner as by law is directed against sheriffs for non-payment of public taxes : Provided, Ten days previous notice in writing shall be given to the said treasurer and his securities, bis or their heirs, executors or administrators.
4. In case of the death or removal of the said trustees, to the How vacancies distance of thirty-six miles from the said city, or resignation, or other legal disability of any one or more of the said trustees, the vacancy or vacancies thereby occasioned may be supplied by the remaining trustees or a majority of them.
5. The said trustees are hereby authorized to raise by lottery or 20,000 dollars mny lotteries twenty thousand dollars, to be applied by them in building
be raised by lotteand erecting the said academy and necessary houses, and towards purchasing a good library, mathematical instruments and philosophical apparatus, for the use of the said academy.
6. The said trustees or a majority of them, (which number shall Majority shall conconstitute a board at any time) shall have power to take and re
stilule a bourd. ceive subscriptions for the use of the said academy; and in case
shall be filled.
And delinquents any person shall fail to comply with his or her subscription, to enhow prosecuted.
sure the payment thereof by warrant before a magisirate, where the subscription shall not exceed ten dollars, and where it shall exceed that sum, by motion in the court of the county where the delinquent subscriber resides, ten days previous notice in writing being given to such delinquent subscriber, his heirs, cxecutors or administrators as aforesaid.
7. This act shall be in force from the passing thereof.
Chap. 23.–An ACT releasing to Nicholas Young the commonwealth's right
to a certain piece of land.
(Passed December 29, 1803.) Preamble. Whereas it is represented, that in the year seventeen hundred
and eighty-two, a certain Robert Harris gave, and by deed executed by him, conveyed to a religious society, who stiled themselves, the Spreading spring congregation, a small piece of land, containing one acre and a half and five poles, lying in the county of Botetoart : that the said congregation having become extinct, the said Harris conceiving that the right to the said land resulted to himself, sold the same to a certain Nicholas Young, who hath refused to pay therefor, alledging that as a valuable consideration was in the said deed expressed to have been received for the said land, the same hath become escheatable to the commonwealth ; and the said Robert Harris having petitioned the legislature to release to the said Nicholas Young the right of the commonwealth to the said land, so that the said Robert Harris may be enabled to recover of him the
consideration money for the same : Right of the com
1. Be it enacted by the general assembly, That all the right, title
and interest, which the commonwealth hath, or may have, in or to leased.
the said land, or any part thereof, shall be, and are hereby released
to the said Nicholas Young, his heirs or assigns. Commencoment. 2. This act shall be in force from the passing thereof.
sent of the trustees.
Chap. 24.-An ACT authorizing the sale of certain lands for the benefit of the
Notloway tribe of Indians.
(Passed December 22, 1803.) Their lands may 1. Be it enacted by the general assembly, That it shall and may be sold by the con
be lawful for the Noitoway tribe of Indians, residing in the county of Southampton, under the direction and with the approbation of their trustees or any three of them, named and appointed, in and by an act passed the twelfth day of November, seventeen hundred and ninety-two, intituled, "An act concerning the Nottoway tribe of In. dians," to sell and convey any lands that may be found belonging to the said Indians, and lying on the north side of Notloway river
in the said county, in the same manner that other lands of the said How the proceeds Indians, are by the said act directed to be sold and conveyed. The sball be applied.
money arising from the sales to be made by virtue of this act, shall be applied by the said trustees when received in such manner as they shall think best for the benefit of the said Indians, so long as there be any of their tribe living; and should the said tribe become extinct, the said trustees or the survivors or survivor of them, shall thereupon pay into the public treasury, all or any part of the said money that shall remain uvapplied.
2. This act shall be in force from the passing thereof.
CAAP. 25.–An ACT making compensation to Michael Spiegel for the care of
(Passed December 28, 1803.) 1. Be it enacted by the general assembly, That the auditor shall Warrani to issue. and is hereby commanded to issue a warrant on the public treasury for the payment of forty-six dollars and twenty-four cents, to Michael Spiegel, late high sheriff of Shenandoah county, for supporting William Love, a lunatic, one hundred and thirty-six days, at thirty-four cents a day.
2. This act shall commence and be in force from and after the Commencement. passing thereof.
CAAP. 26.–An ACT releasing to Richard Speer, John M'Carrol and William
(Passed December 28, 1803.) 1. Be it enacted by the general assembly, That all the right, title Commonwealth's and interest which ihe commonwealth hath, or may have, in or to
right to certain
property released certain lots of land lying in the town of Charlestown in the county io R. Speer. of Brooke, and purchased by Richard Speer when an alien, and 10 sundry tracts of land also purchased by him, and lying in the said county of Brooke, shall be and are hereby released to the said Richard Speer, who is now a citizen of the United States, to be by him held and enjoyed in the same manner as if he had been a citizen of this cominon wealth.
2. And be it further enacted, That all the right, title and inte-Same to J. M'Carrest which the commonwealth haih, or may have, to a certain tract becomes a citizen. of land lying in the said county of Brooke, and which was purchased by John M'Carrol, who is an alien, shall be and the same are hereby released to the said John M'Carrol, so soon as he shall have become a citizen of the United States, to be held and enjoyed by him in the same manner as if he had been born a citizen of this commonwealth.
3. And le it further enacted, That all the right, title and inte-Same to Wm. Palrest which the commonwealth hath, or may have, in or to a piece becomes a citizen. or parcel of land purchased by William Pation, who is an alien, and lying in Ohio county, shall be and are hereby released to the said William Patton, so soon as he shall have become a citizen of the United States, to be held and enjoyed by him in the same manner as if he was now a citizen of this commonwealth, saving to all and saving prior every person or persons, bodies politic and corporate, (other than claims. the commonwealth,) any right, title or interest which he or they might or would have had in or to the said lots or tracts of land, or any part thereof, if this act had not been made: Provided, That this act shall not be construed to release the commonwealth's right to any taxes that may be due on the said lands.
4. This act shall commence and be in force from and after the Commencement. passing thereof.
Chap. 27.-An ACT for establishing towns on the lands of Alexander Gordon
and Christian Peters.
(Passed December 28, 1803.) 1. Be it enacted by the general assembly, That fifty acres of land, Gordonsville es
c the property of Alexander Gordon, in the county of Bedford, so soon as the same shall be laid off into lots with convenient streets, shall be established a town by the name of Gordonsville; and that
Samuel Hancock, John Clayter, James Ayers, John Ayers, Charles
2. That eighteen and an half acres of land, the property of lished, and 1048 Christian Peters, in the county of Monroe, as the same have been
laid off into lots and streets, shall be, and are hereby established a town, by the name of Peterstown; and that William Vaters, John M'Croskey, Edward Willis, Hugh Caperton and Henry M’Daniel, gentlemen, be, and they are hereby constituted and appointed trus
tees thereof. Lots to be built on 3. The purchasers of lots in the said towns shall be subject to in five years.
the condition of building thereon à house sixteen feet square at the least, with a brick or stone chimney, to be finished fit for habitation
within five years from the day of sale. Powers and duty 4. The trustees of the said towns, or a majority of them, shall
have power, from time to time, to settle and determine all disputes concerning the bounds of the said lots, and to establish such rules
for the regular building of houses thereon as to them shall seem best. Privileges of lot 5. The purchasers of lots in the said towns, so soon as they shall
have built thereon according to the directions of this act, shall be entitled 10, and have and enjoy, all the rights, privileges and immunities which the freeholders of other towns in this state, not incor
porated, hold and enjoy. How vacancies of 6. In case of the death, resignation or removal to the distance of supplied.
ten miles from the said towns, of any of the said trustees, it shall be lawful for the remaining trustees, or a majority of them, to supply the vacancy thereby occasioned, and the person so elected shall have the same powers as if he had been particularly' named in this act.
7. This act shall commence and be in force from and after the passing thereof.
trustees shall be
Chap. 28.-An ACT authorizing the clerk of Norfolk borough to deliver the
will of William Colburn to his executors.
(Passed January 2, 1804.) Whereas it is represented to the general assembly by Daniel Hill, senior, and Campbell Brown of the island of Antigua, that by the will of William Colburn, which has been admitted to record in the court of Norfolk borough, they are appointed his executors; that the whole of the property by the said will devised lies in the said island, where a copy will not be received in lieu of the said will,
and that without the same they will be unable to qualify thereto: Will to be deliver 1. Be it therefore enacted, That the clerk of the court of the ed.
said borough shall, and he is hereby required, on application to him made by the said Daniel Hill, senior, and Campbell Brown, or either of them, or any person producing his or their order, to deliver to
him or them the original will of the said William Colburn. Commencement. 2. This act shall be in force from the passing thereof.
CHAP. 29.-An ACT relative to the road directed to be opened from Morgan
town to Grave creek, and for other purposes.
(Passed January 2, 1804.) Proceedings of the 1. Be it enacted by the general assembly, That the commissioncommissioners to be laid before the ers, who by an act passed the twenty-third day of December, seven