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manner that the said freeholders and housekeepers may in writing direct.

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

&c.

Chap. 91.-An ACT to amend an act making provision for improving and

keeping in repair certain parts of the state road leading through the county of Randolph.

(Passed February 5, 1808.) 1. Be it enacted by the general assembly, That the superinten- Superintendant

how to proceed, dant, labourer or proprietor, under an act of assembly passed the third day of January, one thousand eight hundred and six, entituled, An act making provision for improving and keeping in repair certain parts of the state road leading through Randolph county," who has heretofore, or shall or may hereafter obtain a settlement of his or their accounts with the county court of Randolph, and obtain their certificate of the amount of what may be due him or them, on his or their presenting the same to the sheriff of Randolph county for payment, on the refusal of the said sheriff to pay any mopjes brat may be in his hands appropriated to that purpose under the before recited act, it shall be lawful for the said superintendant, labourer or proprietor, or either of them, to obtain a judgment on motion in the county court of Randolph for the amount of their accounts, settled and certified as aforesaid, against said sheriff, if so much be in his hands, upon giving the said sheriff ten days previous notice of such motion.

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

Chap. 92.-An ACT remitting a fine imposed upon George Weathers.

(Passed February 5, 1808.) 1. Be it enacted by the general assembly, That a fine of thirty Fine remitted to dollars, imposed upon George Weathers by the district court holden Geo. Weathers. in Staunton in September last, shall be and is hereby remitted.

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

Commencement.

duties.

Chap. 93.-An ACT to establish a toll-gate at White's gap in the South

mountain.

(Passed February 5, 1808.) 1. Be it enacted by the general assembly, That William Caru- Commissioners. thers, John Leyburne, Charles Taliaferro, Henry Ballenger and Joseph Grigsby, gentlemen, be and hereby are appointed commissioners, who, or a majority of them, shall have power to cause to be Their powers and erected a toll-gate, at such place on the road leading across the South mountain at White's gap, as near to the dividing line between Amherst and Rockbridge as to them appears convenient, and to appoint a keeper thereof, and said keeper shall demand and receive the following tolls for the passage of the following things; that is to say: For a man and horse, six and one quarter cents; for every Tolls. wheel carriage of whatever kind, six and one quarter cents per wheel. If the collector of the tolls at said gate shall demand or receive for the passing of any thing greater tolls than are hereby

Tolls, how to be applied.

allowed, he shall forfeit and pay to the party injured the tolls demanded and received, and four dollars, to be recovered by warrant before any justice of the peace.

2. And be it further enacted, That the said commissioners, or a majority of them, shall apply the tolls to the payment of the expense of said gate, and keeping the road in repair from Sandridge's in Amherst county, to the South river in Rockbridge county; and if there should remain any surplus, they shall apply the same to keeping the road in repair from the said river to the head of Simpson's creek in Botetourt county, or such parts thereof as they may deem most expedient. The said commissioners shall have power to remove the keeper of said gate if appears to them that he fails to keep the road in such repair as they may have enjoined on him, and to appoint some other person or persons, and stipulate with him or them, in such manner, and on such terms, as to them appears reasonable: Provided however, That they shall not be at liberty to let said toll-gate for a longer term than ten years.

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

Commencement.

Chap. 94.-An ACT increasing the number of magistrates within the city of
Richmond, and for other purposes therein mentioned.

(Passed February 6, 1808.) Common council 1. Be it enacted by the general assembly, That from the passing men, how elected. of this act, the freeholders and inhabitants of the city of Richmond

duly qualified to vote for common councilmen, shall annually on the day, and in the manner prescribed by law for electing them, elect

nine persons for each ward in the said city, being residents within Their duties, &c. such ward. The persons thus elected, or a majority of them, shall

in the manner also prescribed by law, elect one person to act as mayor, another as recorder, and ten others as aldermen, and the remaining fifteen of whom shall be a common council of the said city. The powers and duties of the mayor, recorder, aldermen and common council of the said city, shall be and remain as the same were heretofore granted to and exercised by them, except in those

cases where they shall be particularly altered by this act. Powers of court 2. The court of hustings of the said city shall hereafter be auof hustings. thorized, as well at their monthly as quarterly terms, to try present

ments of the grand jury, and informations and other pleas on behalf of the commonwealth, in like manner as the same may now be

heard, tried and determined at their quarterly courts. Power and autho 3. And be it further enacted, that the master of police, now or rity of master of hereafter to be appointed for the said city, may and shall, during his .

continuance in office, have and exercise within the limits of the city, all power and authority which is possessed or can be exercised by a magistrate of the said city, with this exception only, that he shall not sit as a magistrate in court, or hear or determine any civil case out of court. And if in any case a magistrate of the said city shall be appointed a police master, such appointment is hereby declared to vacate that of a magistrate, and the vacancy thereby occasioned

shall be supplied as in other cases. Power of court of 4. The said court of hustings shall be, and hereby is authorized, hurtings as to ap so soon as the term for which constables have been appointed for the

bles,

said city shall expire, to appoint one fit and proper person to serve as constable for the said city for the term of one year; and every person so appointed, shall at the same time, or the next term of the said court, take the oath required to be taken by a constable, and enter into bond with sufficient security, to be approved by the court, in the penalty of five thousand dollars, with such condition as is now prescribed by law in such cases; and at the end of the term for which any constable shall be appointed for the said city, or in case of the death, resignation or removal of any constable thereof, the said court shall make a new appointment of a constable, who shall take an oath, and enter into bond with security as aforesaid. Constables to be appointed by virtue of this act shall be entitled to the same fees, and have and exercise the same powers and duties, and be subject to the same pains and penalties, as are prescribed by law as to other constables; and shall be authorized, with the approbation of the court, to appoint a deputy or deputies, who may at any time be removed from office by the court for good cause to them shewn.

5. And be it further enacted, That the notaries public within the powers of notaries said city shall be, and hereby are authorized to examine and take public. the affidavits or depositions of witnesses, in like manner as the same may be now taken by magistrates of the city, and which shall be considered as valid and effectual as if the same were taken or received by the said magistrates; and if any person sworn by a notary public shall give any evidence under such circunstances as would have constituted the same to be perjury if done before a magistrate, the same shall be deemed perjury, to all intents and purposes. The said notaries, for receiving or taking the affidavits or depositions of witnesses, shall be allowed and paid by the person at whose instance the services are rendered, serenty-five cents for each affidavit or deposition so taken; and in all cases where the affidavits or depositions so taken shall be filed in causes in a court of record, the aforesaid fees shall be taxed in the bill of costs, and recovered by the party prevailing: Provided, That no charge shall be made Proviso. or taxed on the notarial seal, which shall be affixed to any of the said affidavits or depositions.

6. This act shall be in force from the' first Wednesday in April Commencement. next.

the account of William Richard

CHAP, 95.-An ACT concerning William Richardson, as executor of John

Collins, deceased.

(Passed February 6, 1808.) 1. Be it enacted by the general assembly, That the governor, Governor to cause with the advice of council, is hereby authorized and required to cause the account of William Richardson, as executor of Johnson, executor of Collins, deceased, to be examined, and the work done and unpaid against the comfor to be ascertained by skilful and upright workmen, and the value monwealth, to be thereof stated agreeably to a contract which the said John Collins, in his lifetime, entered into with the directors of the public buildings, and upon a satisfactory report therein being made to the executive by the said workmen and directors as aforesaid, the governor, with the advice of council, shall authorize and require the auditor to issue a warrant on the treasurer in favour of William

Richardson, executor as aforesaid, for the amount which shall be found due, to be paid out of any money in the treasury.

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

Commencement,

Chap. 96.–An ACT placing William Rice on the pension list.

(Passed February 6, 1803.) William Rice 1. Be it enacted by the general assembly, That William Rice placed on the pen shall be placed on the pension list, and receive annually during his

life, sixty dollars from the public treasury, and the auditor is hereby authorized and required to issue a warrant to the said William Rice for the same; and the said William Rice is allowed the further sum of forty dollars for his immediate relies, and the auditor of public accounts is hereby required to issue his warrant therefor,

payable out of any money in the treasury. Commencement. 2. This act shall commence and be in force from the passing

thereof.

Chap. 97.-An ACT placing on the list of pensioners certain persons therein

named.

(Passed February 6, 1808.] Certain persons 1. Be it enacted by the general assembly, That John Hays and pilaced on pension Nancy his wife, William Hipkins and Judith his wife, Robert

Broadus, Sarah Perry, widow of Hildebert Perry, Kitty Barlow, widow of John Barlow, deceased, John Lane and Anna Maria bis wife, shall be, and are hereby placed on the list of pensioners; and the eight of them first named, shall be entitled to receive annually from the public treasury, the sum of forty dollars each; and the said Anna Maria, who in the revolutionary war, in the garb, and with the courage of a soldier, performed extraordinary military services, and received a severe wound at the battle of Germantown, shall in consideration thereof, be entitled to receive one hundred dollars per annum from the public treasury. Each of the pensioners herein named, shall also be authorized to receive the sum of forty dollars for their immediate relief, and the auditor of public accounts is required to issue his warrants therefor, payable out of any money in the treasury.

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

Commencement,

tain monies.

Chap. 98.-An ACT authorizing the courts of Berkeley and Fauquier counties to appropriate certain money therein mentioned.

(Passed February 6, 1808.) Courts of Berke 1. Be it enacted by the general assembly, That the courts of the to dispose of cere counties of Berkeley and Fauquier shall be, and are hereby autho

rized to demand and receive of the overseers of the poor of the said counties respectively, the monies paid, and hereafter to be paid to the said orerseers, of the proceeds of the sales of the glebes of Norborne and Hamilton parishes, which money shall, under the direction of the said courts, be applied in such manner for the benefit of the poor of the said counties, as to the said courts shall

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

CAAP.99.-An ACT concerning William Smith.

(Passed February 8, 1808.) 1. Be it enacted by the general assembly, That the fine, amount- Amount of certain ing to sixty-five dollars sixteen cents, imposed on William Smith, Wm. Smith. by.the county court of Goochland, in the month of June, one thousand eight hundred and six, which hath been paid into the treasury, shall be, and the same is directed to be refunded; and the auditor of public accounts is hereby authorized and required to issue to the said William Smith, a warrant on the treasury for the amount aforesaid, to be paid out of any monies therein.

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

CAAP. 100.–An ACT to amend the act, entituled, " An act to amend the 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 February 9, 1808.) Whereas information has been given to the present general as- Preamble. sembly, that the valuable objects intended to be attained by the act “ To incorporate two companies for the purpose of cutting a navigable canal from Roanoke river to Mehcrrin river, and another navigable canal from Nansemond river to Bennett's creek in the state of North Carolina," may be defeated, unless farther time be allowed for receiving subscriptions for those purposes :

1. Be it therefore enacted, That the books for receiving and en- Books for subtering subscriptions for the canal from Roanoke river to Meherrin, keplopen. shall be continued open until the first Monday in May, in the year one thousand eight hundred and ten, and for the canal from Nansemond river to Bennett's creek, until the first Monday in November, in the year one thousand eight hundred and nine ; on which several days, or as soon thereafter as practicable, the general meeting of the subscribers to the respective canals shall take place, and other proceedings for establishing and organizing the said companies, shall and may be had, according to the directions of the seventh and fourtcenth sections of the act, the title of which is first above recited: Provided, That if in either case, the requisite number of Proviso. shares shall be subscribed within the periods aforesaid, it shall be lawful for the general meeting of the subscribers to be held, and other proceedings as aforesaid to be had, as speedily as possible after such circumstance shall have been ascertained.

2. This act shall commence and be in force from and after the Commencement. passing of an act to the same effect, by the state of North Carolina.

Chap. 101.-An ACT to amend and explain an act, entituled, “An act to al.

ter the hustings court of Norfolk borough.”

(Passed February 9, 1808.) 1. Be it enacted by the general assembly, That in future, all Court of Norfolk courts holden in Norfolk borough for the trial of civil causes, shall be composed. be composed of the mayor, recorder and one alderman; the mayor and two aldermen; the recorder and two aldermen, or any three aldermen; any three of whom shall constitute a court, and shall

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