Inspection revived. Commencement. Rates of ferriage increased at certain places. Commencement. Preamble. How expences in prosecuting suits by overseers of the poor all be paid. CHAP. 42.-An ACT for reviving the inspection of tobacco at Mantapike warehouses. (Passed January 3, 1804.) 1. Be it enacted by the general assembly, That the inspection of tobacco at the warehouses at Mantapike, in the county of King and Queen, shall be, and is hereby revived and established under the like rules and regulations as are prescribed by law for other inspections of tobacco: Provided always, That if the quantity of tobacco inspected at the said warehouses, shall not be sufficient to pay the inspectors' salaries, the deficiency shall not be paid by the public. 2. This act shall be in force from the passing thereof. CHAP. 43.—An ACT increasing the rates of ferriage at certain places. - (Passed January 3, 1804.) 1. Be it enacted by the general assembly, That instead of the rates heretofore allowed by law, at the ferrics hereafter mentioned, the rates of ferriage shall be as followeth, that is to say from the land of David Minear, in the county of Randolph across Cheat fiver, the price for a man six and a fourth cents, and for an horse the same; from the land of Thomas Evans in the county of Monongalia, across Monongalia river at the mouth of Deeker's creek, the price for a man six and a fourth cents, and for an horse the same. The transportation of the following things, shall be at the rates following: for every coach, waggon, chariot and the driver, the same as for six horses; for every four wheeled chaise, phæton and driver, the same as for four horses; for every two wheeled riding carriage, the same as for two horses; for every hogshead of tobacco, the same as for one horse; for every head of neat cattle, the same as for one horse; for every sheep, hog, goat or lamb, one fifth part of the ferriage for one horse. If the ferry keeper at either of the said places shall demand and take from any person any greater rates than are hereby allowed, such offender shall forfeit and pay to the party grieved, the ferriage demanded and received, and two dollars, recoverable by warrant. 2. This act shall commence and be in force from and after the passing thereof. CHAP. 44.-An ACT for the reimbursement of certain expences incurred by the overseers of the poor. [Passed January 3, 1804.] Whereas it is represented that certain suits have been instituted in the courts of this commonwealth against the overseers of the poor in sundry counties to prohibit them from proceeding under the act passed the 12th day of January, 1802, intituled, "An act concerning the globe lands and churches within this commonwealth," and it is unreasonable that they should be compelled to pay out of their own estates, the costs that have been or may be incurred by them in defending the said suits: 1. Be it therefore enacted, That the expences which have been, or shall be incurred by the overseers of the poor of any county in defending the said suits, or any other suit or suits of the like nature, which may hereafter be instituted, shall be levied by the court of such county upon the tithables thereof, and paid by the collector of the county levy by an order of the court. 2. This act shall be in force from the passing thereof. CHAP. 45.—An ACT for ascertaining the centre of the county of Franklin, and for other purposes. (Passed January 3, 1804.) Commencement. Pleasant estab 1. Be it enacted by the general assembly, That the justices of Town of Mount the county of Franklin shall, on or before the seventh day of May lished. next cause the centre of the said county to be correctly ascertained, and that they procure by purchase or otherwise for the use of the county, not less than twenty-five nor more than fifty acres of land, to be laid off into lots with convenient streets, at the place found to be the centre of the said county, or as convenient thereto as the situation will admit, to be established a town by the name of Mount Pleasant, two acres of which shall be reserved for the use of the said county to erect the public buildings on; and the justices of the said county are hereby authorized to levy the amount of such purchase on the tithables of their county, to be collected as in other cases; and when the sales of the said lots shall be made, or a sufficient number thereof, the county shall be reimbursed the amount levied as aforesaid; and the balance of the money arising from the said sales shall be applied towards paying for the aforesaid public buildings; and that William A. Burwell, John Noftsin- Trustees appointger, Benjamin Cooke, William H. Shelton, William Greer, Josiah Woods, Skelton Taylor, Robert Innis and Moses Greer, gentlemen, shall be, and they are hereby appointed trustees of the said town. 2. The justices in the commission of the peace for the said Courthouse, jail county of Franklin, so soon as the said town of Mount Pleasant is laid off, shall proceed to erect a courthouse, jail and clerk's office on the most convenient part of the public ground within the same, which when compleated, shall henceforth be the place of holding courts for the said county. ed. and clerk's office to be erected. 3. The trustees of the said town or a majority of them are em- Duty and powers powered to make such rules and orders for the regular building of of trustees. houses therein, as to them shall seem best, and to settle and determine all disputes concerning the bounds of the lots. holders. 4. So soon as the purchaser of any lot in the said town, shall Privileges of lot erect a dwelling house thereon, equal to sixteen 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. 5. Vacancies by death, resignation, removal or otherwise shall be How vacancies supplied by the remaining trustees, or a majority of them, and the shall be filled. persons so elected shall have the same power as if they had been named in this act. 6. Provided, That nothing herein contained shall be so under- Proviso. stood as to authorize the justices and trustees aforesaid to carry this act into effect, or any part thereof, if James Calloway and Thomas Hill the present proprietors of the land adjoining that on which the present public buildings stand, shall, on or before the seventh day of April next, consent that the said trustees or a majority of them shall lay off twenty-five acres of their said land into half acre lots with convenient streets, and to dispose of and convey the same to the purchaser or purchasers thereof, who shall be compelled to Commencement. Mill to be erected. Proviso. Commencement. Town of Crows build thereon a house, the superficial contents whereof shall be equal to sixteen feet square, with a stone or brick chimney, fit for habitation within two years from the date of such purchase. 7. This act shall commence and be in force from and after the passing thereof. CHAP. 46.-An ACT concerning George Hollenback. 1. Be it enacted by the general assembly, That George Hollenback shall be, and he is hereby permitted to erect a mill dam twenty inches high, from his land in the county of Monongalia, across the Monongalia river: Provided always, and be it further enacted, That the proprietor of the said mill dam so erected, shall be allowed eighteen months from and after the passing of this act, to erect sufficient locks or slope by or through the same, for the convenient and safe passage of boats, to be adjudged of by the court of the said county, and both locks and slope when deemed necessary by the said court. If the proprietor of the said mill dam shall fail or neglect to make such locks or slope, and keep the same in constant repair, it shall be lawful for any person or persons to pull down and destroy the said mill dam. 2. This act shall commence and be in force from and after the passing thereof. CHAP. 47.-An ACT changing the name of the town of Crowsville, and for other purposes. (Passed January 5, 1804.) 1. Be it enacted by the general assembly, That the town estabville called Pen- lished by the name of Crowsville in the county of Botetourt, shall hereafter be called and known by the name of Pendleton. dleton. Trustees appointed. Penalty for failing to comply with this act. Trustees to alter lots and streets if necessary. Commencement. 2. And be it further enacted, That William Wilson, Charles Beale and John Todd, shall be, and they are hereby appointed trustees of the said town, in the room of Archibald Stuart, John Wood, and Matthew Wilson, who, by the act establishing the said town, were appointed trustees thereof, the first of whom hath refused to act, and the others have departed this life. The trustees herein appointed shall have the like powers as those named in the aforesaid act. 3. Such of the purchasers of lots in the said town of Pendleton as either have discharged, or within six months from the passing of this act, shall discharge the amount of their bonds to the trustees of the said town, shall be allowed three years from the passing of this act to build on and improve the said lots; and in case the holders of such lots shall fail to make such payment, it shall and may be lawful for the trustees of the said town, or a majority of them, to enter upon such lots, sell the same again, and pay the money arising from the sales thereof, to John Beale, or his legal representatives, the said John Beale, as it is represented, having purchased of the former proprietor the whole of the land whereon the said town was established. 4. And be it further enacted, That the said trustees be, and they are hereby empowered, to make such alterations in the lots and streets in the said town as they shall think necessary: Provided, That they shall not reduce the size of any of the said lots to less than half an acre of land. 5. This act shall be in force from the passing thereof. CHAP. 48.-An ACT for raising by lottery a sum of money for improving the (Passed January 5, 1804.) rized. 1. Be it enacted by the general assembly, That it shall and may Lottery authobe lawful for the mayor and commonalty of the town of Fredericksburg to raise by lottery or lotteries, the sum of fifteen thousand dollars, to be by them applied towards paving the Main street of the said town. 2. This act shall be in force from the passing thereof. CHAP. 49.—An ACT authorizing a lottery for the benefit of a charity school in Fredericksburg. [Passed January 5, 1804.] Commencement. rized. 1. Be it enacted by the general assembly, That it shall and may Lottery autho be lawful for Francis T. Brooke, David C. Ker, John Minor, Robert Patton, James Stephenson, Hugh Mercer, Walter Gregory, John. Chew, Robert Chew and William S. Stone, gentlemen, or a majority of them, to raise by lottery or lotteries the sum of five thousand dollars, which shall be paid by them to the trustees of a boarding school established in the town of Fredericksburg, for the maintenance and education of the poor females thereof; which sum shall be applied by the said trustees in such manner as to them shall seem best for the benefit and support of the said school. 2. This act shall be in force from the passing thereof. CHAP. 50.-An ACT for raising by lottery a sum of money for the purpose of finishing certain buildings for a seminary of learning in Strasburg. (Passed January 4, 1804.) Commencement. 1. Be it enacted by the general assembly, That it shall and may Lottery authobe lawful for Jacob Funk, senior, Alexander Hite, Joseph Stoner, rized. Jacob Lambert, Jonas Crabell, Anthony Spangler and George Lind, gentlemen, or a majority of them, to raise by lottery or lotteries, so much money, not exceeding two thousand dollars, as they shall think sufficient for completing certain buildings which were begun for a seminary of learning in the town of Strasburg and county of Shenandoah, and the money so to be raised shall be applied by them to the purpose aforesaid. 2. This act shall be in force from the passing thereof. CHAP. 51.-An ACT to prevent the destruction of oysters within this com monwealth. (Passed January 6, 1804.) Commencement. Whereas it is represented to this general assembly, that the quan- Preamble. tity of oysters in the rivers and creeks within this commonwealth is greatly diminished by a practice which has for some time since prevailed, of collecting large quantities of oysters and burning them for the purpose of obtaining lime from the shells: destroying oysters. 1. Be it therefore enacted, That if any person or persons shall persons fined for hereafter burn or cause to be burnt any oysters taken out of any river or creek within this commonwealth, for the purpose of obtaining lime therefrom, or for any other purpose, by which such quantity of oysters will be wasted or destroyed, he or they shall, for every such offence, forfeit and pay ten dollars, recoverable before a single magistrate, one moiety to the informer, the other moiety to the overseers of the poor for the use of the county: Provided, That no Commencement. Preamble. Time allowed. Commencement. Pension allowed. Commencement. Inspection of flour established at Fleet's. Likewise in the town of Bethel. Commencement. Town of Occo thing herein contained shall be so construed as to prevent any person from burning oyster shells after the oysters have been used. 2. This act shall commence and be in force from and after the passing thereof. CHAP. 52.-An ACT allowing to William Clendinen a further time for collecting certain levies due in Kanawha county. (Passed January 7, 1804.) Whereas it is represented, that in consequence of the incursions of the Indians in the county of Kanawha, in the years one thousand seven hundred and ninety-two, one thousand seven hundred and ninety-three, and one thousand seven hundred and ninety-four, William Clendinen, who was appointed collector of the levies assessed in the said county for the years aforesaid, was prevented from collecting the same: 1. Be it therefore enacted by the general assembly, That the said William Clendinen shall be and he is hereby allowed two years to distrain for and collect the levies aforesaid, in the same manner as if the term heretofore allowed him by law for that purpose had not have expired. 2. This act shall be in force from the passing thereof. CHAP. 53.-An ACT allowing a pension to Samuel Wharton. 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 public treasury for fifty dollars, to be paid to Samuel Wharton, a soldier in the revolutionary war; which sum shall be paid to him annually during his life. 2. This act shall commence and be in force from and after the passing thereof. CHAP. 54.-An ACT establishing several inspections of flour. (Pessed January 4, 1804.) 1. Be it enacted by the general assembly, That an inspection of flour shall be and the same is hereby established at Fleet's, in the county of Chesterfield, including the mills of John Brander on Swift creek, and the mills of William Rowlett on Old Town creek. 2. And be it further enacted, That an inspection of flour shall also be established in the town of Bethel in the county of Amherst. The said inspections respectively shall be under the like rules and regulations as prescribed by law for other inspections of flour in this commonwealth. 3. This act shall commence and be in force from and after the passing thereof. CHAP. 55.-An ACT for establishing several towns. 1. Be it enacted by the general assembly, That thirty-one acres quon established. of land, the property of Nathaniel Ellicott, James Campbell and Luke Wheeler, at the Occoquon mills in the county of Prince William, so soon as the same shall be laid off into lots with convenient streets, shall be established a town by the name of Occoquon, and that James Keith, George Gilpin, Thomas T. Page, Edward Wash |