ington and John Coffer, shall be and are hereby appointed trustees thereof. 2. That the land of Gideon Morgan and William Lewis, on the Also Newhaven. head of Shenandoah river in the county of Rockingham, opposite to where the South river empties into the North river and to Port Republic, as already laid off into lots and streets, shall be established a town by the name of Newhaven; and that Edwin Nichols, Asher Waterman, George Huston, George Gilmore, Matthias Amon, Benjamin Lewis, Henry Perkey and Henry J. Gambill, shall be and are hereby appointed trustees thereof. The trustees of the said towns respectively, or a majority of them, are empowered to make such rules and orders for the regular building of 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 purchasers of any lots in the said towns shall have built upon the same a dwelling house equal to twelve feet square, with a brick or stone chimney, they shall then be entitled to, and have and enjoy all the rights, privileges and immunities, which the freeholders and inhabitants of other towns in this state, not incorporated, hold and enjoy. trustees shall be 3. In case of the death, resignation, removal or otherwise, of any How vacancies in of the said trustees, it shall be lawful for the remaining trustees of supplied. the said towns, or a majority of them respectively, to supply such vacancy, and the persons so elected shall have the same power as if they had been named in this act. from running at 4. And be it further enacted, That if any person residing in the Swine prohibited said town of Occoquon, owner of swine or geese, shall suffer them large in Occoquon. to run at large within the limits of the said town, it shall and may be lawful for any person to kill the same without being liable to any damage whatsoever for so doing. 5. This act shall commence and be in force from and after the Commencement. passing thereof. CHAP. 56.-An ACT to amend an act, entituled, "An act to establish a turn pike road over the mountain at Swift run gap." (Passed January 10, 1804.) Whereas by the third section of the act, intituled, "An act to Preamble. establish a turnpike on the road over the mountain at Swift run gap," it is declared, that the said commissioners, or a majority of them, are hereby empowered and required, from time to time, as they shall think necessary and proper, to view and examine the said road, after the same shall have been compleated and finished, according to contract; and if they shall find the same out of sufficient repair, and shall remain so out of repair for one month, that then the said commissioners, or a majority of them, may lawfully destroy the said turnpike, or cause the same to be done, and the right of the said undertaker, or his assigns, to demand and receive any tolls or rates, shall thenceforth cease: be given the undertaker. 1. Be it enacted by the general assembly, That it shall be neces- Certain notice to sary for the said commissioners to give notice in writing to the said undertaker, or keeper of the said turnpike, stating such particular parts of the said road as may be out of repair, at least one month before they shall have power to destroy the same; and if the said undertaker or keeper shall within that time, put the road into good and sufficient repair, then the power of the said commissioners to destroy the same shall cease. And if the said turnpike shall here be re established if destroyed. Persons compen sated for the road passing through their land. How the road may after be destroyed by the said commissioners, the said undertaker, his heirs or assigns, may re-establish the same, to be compleated within six months, and kept in good repair for two months thereafter, before the said undertaker shall be permitted to demand and How the direction receive tolls thereon. The undertaker or keeper of the said turnmay be altered. pike, by and with the advice and consent of the commissioners, and of the county court of Rockingham, is hereby authorized and permitted to alter the direction of the said road, where it will be improved thereby. And if the proprietor or proprietors of any ground through which the said road by such alteration may pass, shall require compensation for the same, and also for the additional fencing which may be thereby rendered necessary, and the said undertaker or his agent, shall not be able to agree with the owner or his agent, for the price thereof, the said undertaker may apply to the court of the county in which the land lies, whose duty it shall be to direct the sheriff of the said county to summon twelve disinterested freeholders of his county, who being first sworn shall view the said ground and assess the value thereof, and any other damages, in the manner prescribed by an act, entituled, "An act concerning public roads;" which assessment shall be paid by the said undertaker or his agent, to the owner of the land or his agent, before the said road shall be opened through the said ground. And for keeping the said road in repair, the said undertaker may take from the land adjoining, any materials necessary therefor, the same being first viewed and valued by two freeholders appointed and sworn for that purpose, by a justice of the peace. Penalty for not complying with this act. List of delinquents allowed as a credit. Commencement. Lottery authorized. 2. And be it further enacted, That if any person or persons shall hereafter drag any log or tree down the mountain, or injure the said road in any useless manner, or shall refuse or use any means to pass the said turnpike, without paying the legal tolls, he or they shall forfeit and pay to the said undertaker or keeper, three dollars for every such offence, recoverable by warrant. CHAP. 57.-An ACT concerning the representatives of William Morris, deceased. [Passed January 11, 1804.] 1. Be it enacted by the general assembly, That the auditor of public accounts is hereby authorized and required to receive the lists of delinquencies from the representatives of William Morris, deceased, late high sheriff of Kanawha county, and collector of the revenue for the year one thousand eight hundred, and allow a credit in the same manner for the lists of delinquencies for the year aforesaid, as if the same had arrived in due time. 2. This act shall commence and be in force from and after the passing thereof. CHAP. 58.-An ACT for raising by lottery a sum of money for the benefit of the University of William and Mary. (Passed January 9, 1804.) 1. Be it enacted by the general assembly, That it shall and may be lawful for James Madison, St. George Tucker, Robert Andrews, John Bracken, William Nelson, Robert Greenhow, Burwell Bassett, Robert Saunders, Samuel Tyler, Champion Travis, William Lightfoot, Littleton W. Tazewell, George Tucker and James Semple, gentlemen, or a majority of them, to raise by lottery or lotteries, the sum of twenty thousand dollars, which shall be paid by them into CHAP. 59.-An ACT concerning Uriah Lowther. Commencement. lowed him. 1. Be it enacted by the general assembly, That the auditor of Compensation alpublic accounts is hereby authorized and required, to issue a warrant on the public treasury, to Uriah Lowther, deputy sheriff for Jacob Conrad, sheriff of Pendleton county, for eighty-nine dollars sixty-three cents, which the said Lowther expended in attending the prosecution and conducting Mary M'Calley, a convict, to the penitentiary jail. 2. This act shall commence and be in force from and after the Commencement. passing thereof. CHAP. 60.-An ACT to raise by lottery a sum of money for the purpose of improving the roads leading from the ford of Little river in the county of Loudoun, to Sniggar's and Ashby's gaps. (Passed January 12, 1804.) rized. 1. Be it enacted by the general assembly, That Levin Luckett, Lottery autho Burr Powell, Joseph Carr, Ezekiel Mount, Timothy Taylor, Benjamin Grayson, William Bronaugh, Moses Gibson and Stephen C. Rossell, gentlemen, or a majority of them, may, and they are hereby authorized to raise by way of lottery or lotteries, any sum not exceeding ten thousand dollars, to be applied by the said commissioners, or a majority of them, to the improvement of the public roads leading from the ford on Little river, where the turnpike road now crosses it in the county of Loudoun, to Sniggar's and Ashby's gaps. 2. This act shall be in force from the passing thereof. CHAP. 61.-An ACT to raise by lottery a sum of money for opening and im proving the road leading from the South Fork, in the county of Hardy, to Brock's gap, in the county of Rockingham. (Passed January 16, 1804.) Commencement. 1. Be it enacted by the general assembly, That George Harness, Lottery authojunior, John Hay, Abel Seymour, John Craigen, Lionel Branson, rized. Jacob Claypole, Frederick Steinbeck, Henson Veitch, Adam Fisher and Christian Simons, gentlemen, or a majority of them, shall be, and they are hereby authorized to raise by lottery or lotteries, the sum of two thousand dollars, to be applied towards opening and improving the waggon road leading from the South Fork over the North mountain into Brock's gap, under the direction of such commissioners as the county court of Hardy shall from time to time appoint. 2. This act shall commence and be in force from the passing Commencement. thereof. Lottery autho rized. Commencement. Commonwealth's title released. Commencement. Preamble. Lottery autho rized. Commencement. CHAP. 62.—An ACT for raising by way of lottery a sum of money for the benefit of Banister academy. (Passed January 12, 1804.) 1. Be it enacted by the general assembly, That it shall and may be lawful for Isaac Coles, senior, Samuel Calland, William Clark, William Tunstall, John Wilson, Stokeley Turner, William Wimbush, Joseph Carter, Jesse Leftwich, Daniel Coleman and Thomas H. Wooding, gentlemen, or a majority of them, to raise by way of lottery or lotteries, the sum of ten thousand dollars, which shall be paid by them into the hands of the treasurer of Banister academy, in the county of Pittsylvania, to be applied to the benefit and use of the said academy, under the direction of the trustees thereof, or a majority of them, in such manner as to them shall seem best. 2. This act shall commence and be in force from the passing thereof. CHAP. 63.-An ACT releasing to William Martin and Dempsey P. Carroll the 1. Be it enacted by the general assembly, That all the right, title or interest which the commonwealth hath, or may have, in or to a certain tract or parcel of land, containing nine hundred and fifty-five acres, and lying in the county of Harrison; which land was purchased by William Martin and Dempsey P. Carroll of George Towers, attorney in fact for the widow of John Ambler, deceased, and was claimed by the said widow in right of her said husband, who purchased the same while he was an alien, shall be, and the same is hereby released to the said William Martin and Dempsey P. Carroll, their heirs and assigns, saving however, to all and every person and persons, bodies politic and corporate, other than the commonwealth, all the right, title or interest, which he or they might or would have had in or to the aforesaid tract of land or any part thereof, if this act had not have been made. 2. This act shall be in force from the passing thereof. CHAP. 64.-An ACT to amend an act authorizing several lotteries. Whereas it is represented to the present general assembly, that several of the commissioners appointed in the year one thousand seven hundred and ninety-one, for raising a sum of money by lottery for the purpose of paving the main street in the borough of Winchester are now dead, and that the sum of money heretofore raised is found insufficient for the accomplishment of that end: 1. Be it therefore enacted, That it shall and may be lawful for Robert Mackey, Robert White, junior, William Davison, Cornelius Baldwin, John Peyton, Adam Daugloss, Lewis Wolfe and Hugh Helmes, or a majority of them to raise by one or more lotteries a sum not exceeding three thousand dollars, to be by them expended and applied towards defraying the expence of paving the main street in the borough of Winchester. 2. This act shall commence and be in force from and after the passing thereof. CHAP. 65.-An ACT to raise a sum of money by lottery for opening a road from Monroe in the county of Botetourt, to the Sweet springs in the county of Monroe, and from thence to Lewisburg in the county of Greenbrier. (Passed January 13, 1804.) 1. Be it enacted by the general assembly, That it shall and may Lottery autho be lawful for James Breckenridge, Henry Bowyer, Andrew Hamil- rized. ton, Alex. Wilson, Stephen Trigg, John Preston, John Lewis, Charles Arbuckle and John Matthews, gentlemen, commissioners, or a majority of them, to raise by lottery or lotteries, a sum not exceeding ten thousand dollars, to be by them, or a majority of them, applied towards opening and making a good waggon road from Monroe in the county of Botetourt, to the Sweet springs in the county of Monroe, and from thence to Lewisburg in the county of Greenbrier. 2. This act shall commence and be in force from and after the Commencement. passing thereof. CHAP. 66.-An ACT to amend an act, intituled, "An act concerning estrays." (Passed January 16, 1804.) be advertised. 1. Be it enacted by the general assembly, That if the valuation How estrays shall of any estray, which shall be taken up under the act, entituled, "An act concerning estrays," shall exceed twenty shillings, it shall be sufficient for the taker up thereof, instead of publishing in the Virginia Gazette, the notice and certificate in the manner required, by the third section of the said act, to cause the same to be published in any newspaper that may be printed nearest to the place where such estray may have been taken up, and in every case where How the owner the owner of an estray shall demand the valuation money therefor, shall obtain such or receive the estray again, he shall, besides paying thereout the clerk's and printer's fees, in lieu of the other charges by the said act allowed, pay to the person entitled thereto, such compensation for keeping and supporting such estray as shall be adjudged reasona ble by any two freeholders, to be first sworn by a justice of the peace in the county where such estray may have been taken up. So much of the third section of the above recited act, as comes within the purview of this act, shall be, and are hereby repealed. estray. 2. This act shall commence and be in force from and after the Commencement. passing thereof. CHAP. 67.—An ACT giving an additional reward for killing wolves in certain counties. (Passed January 6, 1804.) * in certain coun 1. Be it enacted by the general assembly, That every person who Additional reward shall kill or destroy any wolf above the age of six months, in the for killing wolves counties of Albemarle, Botetourt, Greenbrier, Monroe and Orange, ties. shall receive an additional reward of three dollars, and for every wolf under the age of six months, to be adjudged of by the justice before whom the scalp or scalps shall be brought, one dollar and fifty cents; to be levied and paid for in the counties aforesaid, in like manner as other county charges are annually levied and paid, the party or parties entitled thereto, producing a certificate or certificates thereof, obtained in the manner required by this act. |