When To appoint super intendant. duties. ture, to have a road for the convenient passage of waggons and other carriages, and shall report their proceedings to the executive of this commonwealth. The county courts of Greenbrier and Ka-. nawha are hereby authorized and empowered to levy on the tithables in their respective counties, a sum sufficient for paying the aforesaid commissioners for their trouble and expense, allowing to each of them the sum of two dollars per day, for every day they shall be necessarily engaged in said service, so that the whole number of days shall not exceed forty days for each of them. said commissioners shall have reported their proceedings to the executive, it shall be their duty without delay, to appoint some suitable person to superintend the completing said road, who shall, be- His powers and fore the first day of June next, in either of the courts of Greenbrier or Kanawha counties, enter into bond, payable to the governor and his successors, with sufficient security, in the penalty of four thousand dollars, conditioned for the faithful performance of the duties, as by this act directed; and shall also take an oath, well and truly to execute his duty as superintendant, and shall thereupon proceed to contract with any person or persons for completing any and every parts of the same, provided he shall not exceed the sum for that purpose appropriated, and shall be allowed two dollars per day for each day necessarily employed therein, on making oath to his account, before the county court of Greenbrier, who shall certify the same to the executive, who shall direct payment for the same. The said superintendant shall require of every person with whom he shall make any such contract, bond with sufficient security, in such penalty as he may think necessary, not less than double the amount of such contract, payable to the governor for the time being, and his successors, for the use of the commonwealth, conditioned that the person so contracting shall open and improve the precinct assigned him in such manner as in the said condition shall be specially prescribed, according to the true intent and meaning of this act, and shall moreover stipulate with such person the time and manner of payment: Provided, That no part of the same shall be made Proviso. until the precinct is complete. examined after it 2. Whenever any contractor shall make known to the superin- Road how to be tendant that his or their precinct is complete, it shall be the duty of is made. such contractor and the superintendant to appoint each one honest and discreet citizen, actually resident in either of the said counties, no ways interested or related to either of the parties, who, after having taken an oath before some justice of the peace truly and impartially to examine such precinct, shall proceed to the examination thereof; and if it shall appear to them that the same is passable for carriages, and completed according to the true intent and meaning of this act, they shall certify their opinion, and the superintendant shall transmit the same to the executive, who may thereupon direct payment to be made to such contractor: Provided nevertheless, That if it shall appear to the executive that the purport of such certificate is untrue, or they shall suspect any fraud or collusion, it shall be their duty to suspend payment until they shall be satisfied that such precinct is completed: And provided also, That nothing in this act contained shall be construed to repeal any of the acts or parts of acts heretofore passed for the opening and completing said road, except so far as the same shall be inconsistent with the provisions hereof; but that in every other respect all the powers, duties Law relating to Harrisonburg in part repealed. Trustees how to be elected. Their powers, ties, &c. and liabilities, vested and directed by any of the said acts, shall be in force to all intents and purposes. 3. It shall be the duty of said superintendant to cause the road to be cut and cleared and smoothed, where the same is not already done, at least twenty-one feet wide, and where digging is necessary to have the same fifteen feet wide, and where a breastwork is necessary, it shall be permanent and securely made. It shall be the duty of the executive to direct a prosecution on any of the bonds, either of superintendant or contractors, whenever it shall appear to them that the condition thereof has not been complied with. 4. And be it further enacted, That the sum of two thousand dollars be and the same is hereby appropriated for completing said road. 5. This act shall commence and be in force from and after the passing thereof. CHAP. 47.-An ACT concerning the town of Harrisonburg in the county of (Passed January 6, 1803.) 1. Be it enacted by the general assembly, That so much of the act, entituled, "An act concerning the town of Harrisonburg in the county of Rockingham," passed the twenty-ninth day of December, in the year of our Lord one thousand seven hundred and ninety-seven, as appoints Thomas Scott, John Koontz, Asher Waterman, Frederick Spangler and Samuel M'Williams, gentlemen, trustees of the said town, shall be and the same is hereby repealed, and all the powers given them by law shall be exercised by the trustees of the said town, who shall be elected as hereinafter directed. 2. It shall be lawful for the freeholders and housekeepers resident in the said town to meet at the courthouse on the last Saturday of March in every year, and then and there elect five fit and able men, being freeholders and inhabitants of the said town, to serve du- as trustees thereof, who shall choose one of their body to act as president, and shall appoint a clerk, and keep a record of their proceedings, which at all times shall be open to the inspection of the residents of the said town. And the said trustees so elected shall remain in office one year, and until another election is made, and no longer, unless re-elected. May levy a tax not exceeding a certain sum for providing fire engine, &c. 3. And be it further enacted, That the said trustees so elected, or a majority of them, shall have power to levy a tax, not exceeding one thousand dollars, upon all the real property within the limits of the said town, to be collected and accounted for as the other taxes of the said town, and appropriated by the trustees exclusively for the procuring of a fire engine, hooks and ladders, for the use of May compel per- the said town. And the said trustees may require every person sons owning houses to keep fire buckets. Inhabitants incor. owning a dwelling house or houses within the limits of such town to procure and constantly keep in every such house, a fire bucket or buckets, not exceeding two for every house, for the purpose of extinguishing fire in said town, and may impose a fine, not exceeding four dollars, upon each delinquent, for every bucket he or she shall so fail to procure and keep, recoverable by warrant before a single magistrate. 4. And be it further enacted, That all the male freeholders and porated into a fire housekeepers resident within the limits of the said town, shall be company. and they are hereby incorporated into a company for the extinguishment of fire, to be called and known by the name of the Harrisonburg Fire Company; and the said company, or a majority of them, Their regulations. are hereby authorized to meet from time to time, and make such rules and regulations, and appoint such officers for the government and exercising said company as they, or a majority of those present, may think proper and necessary. And all fines and forfeitures for non-attendance or delinquency imposed by the said regulations, not exceeding twenty-five shillings, shall be recoverable before a single magistrate on proof of such delinquency. And all fines so recovered shall be applied for the purposes of the institution, in such manner as the said company, or a majority of them, shall direct. buckets how to be 5. And be it further enacted, That the fire engine, hooks, lad- Fire engine and ders and buckets, when procured as herein before directed, shall kept. be kept in such place or places, and subject to such rules and regulations as the said fire company, or a majority of them, shall direct and require; and all fines and forfeitures for delinquency, not exceeding twenty-five shillings, shall be recovered and applied as herein before directed. 6. All acts and parts of acts, coming within the purview of this Repealing clause. act, shall be, and the same are hereby repealed. 7. This act shall commence and be in force from and after the Commencement. first day of March next. CHAP. 48.-An ACT authorizing John Wimbish to erect a dam across Banis ter river. (Passed January 6, 1808.) John Wimbish river. 1. Be it enacted by the general assembly, That John Wimbish of Liberty granted the county of Halifax, shall be, and he is hereby authorized to to erect a dam erect a dam across Banister river, from his land on the one side to across Banister his own land on the other, for the purpose of establishing a water grist mill: Provided always, That the said proprietor shall be Proviso. obliged to erect sufficient locks through the same, for the convenient and safe navigation of the said river, for boats drawing fifteen inches water, to be adjudged of by Melchisadeck Spragins, Thomas H. Wooding, John Light, John Stone, William Womack, Rawley White and Haines Morgan, gentlemen, or any three of them, who are hereby appointed commissioners for that purpose, and required to report their proceedings thereon, to the court of the county of Halifax, to be there entered of record. If the pro- Duty of the proprietor of the said dam, shall fail or neglect to make such locks, and keep the same in constant repair, it shall be lawful for the court of the said county, upon the application of any person or persons, to appoint three commissioners, any two or more of whom may act, to view the said locks, and report to the said court the situation thereof; and if upon such report, or other satisfactory evidence to them offered, they shall be of opinion that the said locks are not kept in such repair and condition as is required by this act, they shall direct the sheriff of the said county, to cause the said dam to be pulled down at the proper costs of the proprietor thereof: Provided, The proprietor of the said dam shall have had ten days pre prietor. Commencement. Commonwealth's right to certain Michael. vious notice, in writing, of such application for the appointment of the said commissioners. 2. This act shall commence and be in force from and after the passing thereof. CHAP. 49.-An ACT vesting in Elizabeth Michael the right of the commonwealth to a certain tract of land therein mentioned. (Passed January 6, 1808.) 1. Be it enacted by the general assembly, That all the right, title land vested in E. or interest which the commonwealth hath or may have, in or to a certain tract of land, containing about five hundred acres, lying on the waters of Great Cacapon river in the county of Hardy, and whereof a certain John Shoemaker died seized and intestate, without heirs capable of inheriting the same, shall be, and is hereby vested in Elizabeth Michael, to whom it appears the said John Shoemaker intended to have devised the same; to be by the said Elizabeth held and enjoyed in like manner as if the said land had been devised as aforesaid. Saving, however, to all persons, bodies politic and corporate, other than the commonwealth, any · right, title or interest which they might or would have had in or to the said land, or any part thereof, if this act had not have been made. Commencement. Toll-bridge may be erected by John M. Syme. Rates. Commencement. 2. This act shall be in force from the passing thereof. CHAP. 50.-An ACT authorizing John M. Syme to erect a toll-bridge across (Passed January 7, 1808.) 1. Be it enacted by the general assembly, That it shall be lawful for John M. Syme of the county of Hanover, to erect a bridge across Pamunkey river, at the place where his ferry is now kept, and to demand the following tolls and rates for passing the same, that is to say: For a man four and a half cents, and for an horse the same; for every coach, chariot, four wheeled chaise or waggon, four and a half cents per wheel; for every cart, two wheeled chaise or chair, four and a half cents per wheel; for every hogshead of tobacco, four and a half cents; for every head of neat cattle, one cent; for every five head of hogs or sheep, one cent and no If the collector of the tolls of the said bridge shall demand and receive greater rates than are hereby allowed, he shall forfeit and pay to the party grieved, the tolls demanded and received, and five dollars, to be recovered with costs by warrant. more. 2. This act shall commence and be in force from the passing thereof. CHAP. 51.-An ACT establishing certain towns therein mentioned. (Passed January 7, 1808.) Town established 1. Be it enacted by the general assembly, That twenty acres of Bentley of the county of Halifax, so soon as the same shall be laid at the courthouse name of Bentleyville, and that Melchisadeck Spragins, Isaac H. Coles, Joseph Sandford, Henry E. Coleman, John B. Scott, William Thompson, James Eastham, Joseph Wyatt, Hillery Mosely, Hugh Wylie, and Langston Bacon, gentlemen, shall be, and they are hereby appointed trustees thereof. That fifty-two acres of land Town established at the courthouse of Giles county, conveyed to the justices thereof of Giles county. for the use of the said county, as the same is already laid off into lots and streets, be established a town, by the name of Pearisburg; and that Andrew Johnson, Isaac Chapman, David French, Thomas Shannon, David Johnston, Christian Snider, and John Peck, gentlemen, shall be, and they are hereby appointed trustees thereof. The trustees of the said towns, or a majority of them, are empow- Powers of trus ered to make such rules and orders for the regular building of tees. houses therein as to them shall seem best, and to settle and determine all disputes concerning the bounds of the lots. So soon as the purchaser of any lot in either of the said towns, shall erect a dwelling house thereon equal to twelve feet square, with a brick or stone chimney, such purchaser shall enjoy the same privileges that the freeholders and inhabitants of other towns not incorporated, hold and enjoy. Vacancies by death, resignation, removal or otherwise, shall be supplied by the remaining trustees, or a majority of them, and the persons so elected, shall have the same power as if they had been named by this act. 2. This act shall commence and be in force from the passing Commencement. thereof. CHAP. 52.-An ACT to incorporate the trustees of the Ann Smith academy, in the town of Lexington. (Passed January 7, 1808.) 1. Be it enacted by the general assembly, That Samuel L. Camp- Trustees appointbell, John Preston, Edward Graham, Thomas L. Preston, William od. Caruthers, Alexander Shields, Daniel Blain, James M'Dowell, John Leyburn, Andrew Reid, James Caruthers, William Wilson, John Robinson, and the principal teacher for the time being, be appointed trustees of an academy for the education of females, hereby established in the town of Lexington and county of Rockbridge. And the said trustees are hereby constituted a body politic and corporate, by the name of "The Trustees of the Ann Smith Academy;" and by that name shall have perpetual succession, may sue and be sued, and have a common seal, with power to take and hold any estate, real or personal, for the use of the said academy. of the trustees. 2. The said trustees, or any five of them, shall be a sufficient Powers and duties number to constitute a board, and may and shall have power to appoint a president, tutors, secretary and treasurer, and to make and establish such bye-laws, rules and regulations, not contrary to the laws and constitution of this state or the United States, as they may judge best for the government and benefit of the said academy; also to open and receive subscriptions for the use of the said academy; and in case any person shall fail to comply with his or her subscription heretofore made or hereafter to be made, for the benefit of the academy, to enforce the payment thereof by warrant before a magistrate, where the sum to be recovered shall not exceed twenty dollars, and where it shall exceed that sum, by motion in |