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4. In case of the death, resignation, or any legal disability of any Vacancies of the trustees within the year, the vacancy thereby occasioned amongst, how supplied. shall be supplied by the remaining trustees, or a majority of them. 5. This act shall be in force from the passing thereof.

CHAP. 74.-An ACT concerning Clement Shackleford, as administrator of the estate of John Allgood, deceased.

(Passed January 22, 1808.)

Commencement.

to C. Shackleford,

certificato.

1. Be it enacted by the general assembly, That the auditor of Auditor to grant public accounts is hereby authorized and required to issue to Cle- adm'r of John Allment Shackleford, as administrator of the estate of John Allgood, good, duplicate of deceased, a duplicate of a certificate for sixty-one pounds twelve shillings and two pence, with interest, which was originally issued in the name of John Allgood, on his giving bond and security to indemnify the commonwealth against any damage that may accrue from the issuing such duplicate.

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

CHAP. 75.-An ACT concerning Isham E. Dabney.

(Passed January 22, 1808.)

warrant to Isham

1. Be it enacted by the general assembly, That the auditor of Auditor to grant public accounts is hereby authorized and required to issue a war- E. Dabney. rant or warrants on the public treasury to Isham E. Dabney, for the sum of four hundred and sixty-three dollars and thirty-seven cents, being the amount of his list of insolvents and delinquents from the county of Dinwiddie, for the year one thousand eight hundred and three, to be paid out of any monies therein.

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

CHAP. 76.-An ACT releasing to David, Joseph, John and Gabriel Swannson, the commonwealth's right to certain lands therein mentioned.

(Passed January 22, 1808.)

right to certain

Swannsons.

1. Be it enacted by the general assembly, That all the right, title Commonwealth's or interest, which the commonwealth hath, or may have, in or to land in Amherst the following tracts of land, lying and being in the county of Am- released to herst, to wit: One containing two hundred and fifty acres, lying on Lime-kiln creek; one other containing eighty-six acres, lying on Elk island creek; and one other containing sixty-one acres, lying on Turkey mountain, which were by the last will and testament of John Swannson, deceased, devised to Jane Swannson, who then was, and is still, if living, a subject of the king of Great Britain, and which lands have escheated to the commonwealth, shall be, and is hereby vested in David Swannson, Joseph Swannson, John Swannson, and Gabriel Swannson, who are reputed to be natural children of the above mentioned John Swannson, and as such recognized by his said will, to be by them, the said David, Joseph, John and Gabriel, held and enjoyed in like manner as if the same had descended to them as legitimate children, and the legal heirs of the said John Swannson, deceased.

Reservation.

Commencement.

Mary Jeeter ex

tain fines.

2. 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 lands, or any part thereof, if this act had not have been made.

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

CHAP. 77.—An ACT exempting Mary Jeeter from the fines therein mentioned.

(Passed January 22, 1808.)

1. Be it enacted by the general assembly, That Mary Jeeter, onerated from cer- widow of Charles P. Jeeter, shall be and is hereby exonerated from the fines or forfeitures incurred by her, for having brought into this commonwealth, contrary to law, certain slaves, who, previous to the year one thousand eight hundred and six, and the pas sage of the act to amend the several laws concerning slaves, were carried into the state of South Carolina by her late husband, the said Charles P. Jeeter, after having entered into a contract to bring back the said slaves into this state: Nor shall any fine or forfeiture be incurred by any person buying, selling or hiring the said slaves, or either of them, as having been brought into this commonwealth contrary to law.

Commencement.

Certain damages

Cooper.

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

CHAP. 78.—An ACT concerning John Cooper.

[Passed January 26, 1808.]

1. Be it enacted by the general assembly, That the damages released to John amounting to forty-four dollars and sixteen cents, imposed on John Cooper, sheriff of Elizabeth City county, by a judgment obtained in the general court at the November term, in the year one thousand eight hundred and seven, shall be, and the same are hereby to all intents and purposes fully remitted.

Commencement.

Preamble.

Commissioners appointed.

Their duties.

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

CHAP. 79.-An ACT concerning the tobacco destroyed by the burning of
Royston's warehouse in the town of Fredericksburg.

(Passed January 26, 1808.)

Whereas it is represented that a quantity of tobacco has been destroyed by the accidental burning of the public warehouse called Royston's in the town of Fredericksburg, in the month of October last, the exact quantity whereof, with the names of the proprietors, cannot now be ascertained: To the end therefore, that a just account thereof may be stated, and the sufferers receive compensation for their losses,

1. Be it enacted by the general assembly, That John M. Herndon, Robert Lewis, Edward Herndon and George Hamilton, gentlemen, shall be, and they are hereby constituted and appointed commissioners for taking, examining and stating the accounts, claims and demands of the proprietors of the tobacco destroyed at the warehouse aforesaid; and in stating the said accounts, the said commissioners, or any two of them, shall be and they are hereby

warrants to

directed and required to distinguish the quantity of crop and transfer tobacco separately, and to express therein the value thereof in money, at the time the same was destroyed; which accounts, the said commissioners, or any two of them, shall return under their hands and seals to the executive, and the executive is hereby authorized and required to direct the auditor of public accounts to Auditor to grant issue warrants for the amount of their respective claims to the said claimants. sufferers, agreeably to the report of the said commissioners, to be paid to them out of the surplus of money arising from the duties on tobacco exported: Provided, The tobacco destroyed in the said Proviso. warehouse, for which compensation may be required by the sufferers, had not been inspected more than twelve months when it was so destroyed.

when to meet, &c.

2. The said commissioners or any two of them, are hereby em- Commissioners, powered and required to meet at such times and places as they shall think fit, (of which time and place public notice shall be given in a newspaper published in the town of Fredericksburg, at least four weeks before such meeting,) and to examine any person or persons they shall think necessary for their information relating to the said accounts, and to administer an oath or affirmation (as the case may require) to any person for the better discovering the true quantity of tobacco so destroyed.

take an oath.

3. Every commissioner, before he enters upon the execution of Commissioner to this act, shall, before some justice of the peace, take the following oath: "1, A. B. do swear that I will, according to the best of my skill and knowledge, faithfully, impartially and truly, demean myself in taking, examining and stating the accounts, claims and demands of the proprietors of the tobacco destroyed in Royston's warehouse, according to the directions of this act: So help me God."

4. The executive shall also direct the auditor to issue to the said Commissioners to be paid. commissioners a warrant for such sum as they report or certify shall have been expended by them in the execution of this act, and which shall appear to the executive to be right and just, payable out of the surplus of money arising from the duties on tobacco exported.

uninspected

5. And be it further enacted, That the commissioners hereby To examine as to appointed are authorized to hear evidence relative to any tobacco. tobacco. in the warehouse uninspected, and if in their opinion, under all the circumstances, such tobacco ought to be paid for, they will make such allowance as they in their discretion shall think just.

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

CHAP. 80.-An ACT concerning Nathaniel Fox.

(Passed February 1, 1808.)

Whereas it appears to the general assembly, that a judgment Preamble. has been rendered in the general court, against Nathaniel Fox, as one of the securities of James Primm, late sheriff of the county of Stafford, for one hundred and seventy-three dollars thirteen teen cents, being the amount of the whole of the militia fines incurred in the said county, in the year one thousand eight hundred,

N. Fox released

and that the full amount thereof was appropriated in the said county, according to law:

1. Be it therefore enacted by the general assembly, That the from payment of said Nathaniel Fox is hereby released from the payment of the amount of the said judgment:

certain judgment.

Commencement.

Auditor to grant
warrant to
Thomas Meluney.

Commencement.

Fine remitted to
John Hope.

Commencement.

Preamble.

1000 dollars ap. propriated for completing road.

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

CHAP. 81. An ACT concerning Thomas Meloney.

(Passed February 1, 1808.)

1. Be it enacted by the general assembly, That the auditor of public accounts is hereby authorized and required to issue a warrant on the treasury for the sum of twenty-five dollars seventy-six cents, to Thomas Meloney, as a compensation for himself and guard, for conveying and bearing the expenses of James Weatherly from the county of Nansemond to the Williamsburg lunatic hospital, and back again to the said county, in the year eighteen hundred and five, to be paid out of any monies therein.

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

CHAP. 82.-An ACT remitting a fine to John Hope."

(Passed February 1, 1808.)

1. Be it enacted by the general assembly, That the fine of thirtyfive dollars, imposed on John Hope by a court martial held in the county of Hanover, in the year one thousand eight hundred and five, shall be, and the same is, to all intents and purposes, fully remitted; and that the auditor of public accounts is hereby authorized and required to issue to the said John Hope a warrant on the treasury for the same, to be paid out of the fund arising from militia fines.

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

CHAP. 83.—An ACT to provide for the opening of a road from Simpson's creek across the North mountain in the county of Rockbridge.

(Passed February 1, 1808.)

Whereas the sufferers by fire in the town of Lexington, did transfer all their right to a sum of money proposed to be raised for their relief, to the managers of the lottery for the purpose of opening a good waggon road across the North and South mountain, so as to continue the state road from the mouth of Dunlap's creek, through the county of Rockbridge and Amherst, and thence the most direct rout to Richmond, and said managers having effected a complete pass over the South mountain at White's gap, but not having sufficient funds to complete the passage across the North mountain:

1. Be it therefore enacted by the general assembly, That the sum of one thousand dollars, be and the same is hereby appropriated for completing the same from the foot of the North moun

tain in the county of Rockbridge, to Simpson's creek in the county of Botetourt.

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powers,

&c.

2. And be it further enacted, That John M. Walker, Joseph Commissioners. Grigsby and Andrew Hays, hereby are appointed commissioners, who, or a majority of them, shall have power to contract with any person or persons for opening and completing said road. So soon as Their said managers and the commissioners hereby appointed shall have fixed on the rout most proper for conducting the same, it shall be their duty to require bond with sufficient security from every person with whom they may contract for opening any part of said road, well and truly to perform his or their contract; and if any contractor shall delay or refuse to comply with any contract by him or them made, said commissioners, or a majority of them, shall have power and are hereby directed to prosecute on the bond or bonds by them taken, in the court of the county where such contract may have been made, and any money by them recovered on such bond shall be paid into the public treasury.

&c.

3. The governor by and with the advice and consent of the coun- Governor to order cil of state, is hereby authorized to direct payment for the amount payment, when, of any contract made by the commissioners aforesaid, whenever they shall have certified to the executive, that the undertaker or undertakers hath fully complied with their contract: Provided nevertheless, That said commissioners shall not exceed the sum by this act appropriated.

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

CHAP. 84.-An ACT appointing trustees of the town of Bath in the county of
Berkeley, and for other purposes therein mentioned.

(Passed February 1, 1808.)

ed for the town

said trustees.

1. Be it enacted by the general assembly, That Hugh Holmes, Trustees appoint Henry St. George Tucker, Philip C. Pendleton, Alfred Powell, of Bath. Henry Turner, John Baker, Stephen Dandridge, Elisha Boyd, David Hunter and Rawleigh Colston be, and they are hereby appointed trustees of the town of Bath in the county of Berkeley, in the place and stead of the survivors of the trustees heretofore appointed for the said town. The trustees hereby appointed, shall have and may Powers of the exercise all the powers which, by an act passed in the year one thousand seven hundred and seventy-six, entituled, " An act for establishing a town at the Warm springs in the county of Berkeley," were granted to the trustees of the said town. The trustees herein named, and their successors, are hereby also authorized to keep the streets, lanes and alleys of the said town in good repair; to remove therefrom all nuisances and obstructions at the expense of those who occasion them; to establish markets and regulate the same; and generally to pass all such bye-laws, rules and regulations, not contrary to the laws or contitution of this state or the United States, as they may think necessary for the good order and government of the said town, including the public square; and to impose a fine not exceeding twenty dollars for violating any of the said rules or regulations. The said trustees shall have power to appoint a president and clerk of the said board and a treasurer. The said treasurer shall receive all monies or property belonging or accruing to the said trustees, and pay or deliver the same to their order; and

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