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Crap. 61.–An ACT concerning the pension of William Shepherd.

(Passed December 22, 1804.) Compensatien in 1. Be it enacted by the general assembly, That the auditor of publieu of pension. lic accounts is hereby authorized and required to issue his warrant

on the treasury for iwo hundred dollars, to William Shepherd, in lieu of the annual pension of twenty-five dollars, which he has hi

therto received from the state, upon his relinquishment of the same. To be paid out of 2. And be it further enacted, That the aforesaid sum of money any money in trea. gury.

shall be paid out of any money in the treasury, and that the said William Shepherd shall also be entitled to receive the amount of

his pension growing due for the present year. Commencement. 3. This act shall commence and be in force from and after the

passing thereof.

Chap. 62.–An ACT for raising by lottery a sum of money for improving the

navigation of Quantico creek.

(Passed January 1, 1805.) Commissioners ap. 1. Be it enacted by the general assembly, That Alexander Henpointed.

derson, Matthew Harrison, William Linton, Timothy Brundidge,

James Muschette, George Smith, James Deneale, John Lawson and Their powers and John Spence, gentlemen, or a majority of them, be, and they are duties.

hereby authorized to raise by lottery or lotteries, the sum of ten thousand dollars, which shall be by them applied towards improving, by way of a canal, the navigation of Quantico creek.

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

Commencement.

Preamble.

CHAP. 63.--An ACT compelling Andrew and James Crockett to erect a slope

through their dam over Reed creek.

(Passed January 2, 1805.) Whereas it is represented to this present general assembly, that Andrew and James Crockett, of the county of Wythe, have erected a dam across Reed creek, to the manifest injury of the inhabitants of the said county, by obstructing the passage of fish up and down

the said creek: For remedy whereof, Commissioners ap 1. Be it therefore enacted, That Stephen Sanders, James Newell, pointed. powers and and Thomas Whitlock, gentlemen, be, and they hereby are appointed

commissioners, whose duty it shall be to examine the said creek and dam, and to hear such evidence as may be offered to them, either by the said Andrew and James Crockett, or by the inhabitants residing on or near the said creek, and to report to the next general assembly, whether it will be of most public utility to compel the said Andrew and James Crockett to make a slope in their dam for the passage of fish, or to suffer the said dam to remain as at present

erected, for the purpose of carrying on their iron works. Cominoncement. 2. This act shall be in force from the passing thereof.

duties.

to Harrison.

Chap. 64.–An ACT for adding part of the county of Ohio to the county of

Harrison,

(Passed December 22, 1804.) Part of Ohio added

1. Be it enacted by the general assembly, That all that part of the county of Ohio, within the following bounds, to wit: Begioning on the top of the main dividing ridge that divides Ohio and Harrison counties where the dividing ridge puts up that divides the waters of Middle Island and Fishing creek, and running along the top of the ridge between the waters of the Middle Island and Fish

ing creek, until it gets opposite the mouth of Arnold's creek, and then running a direct line to the mouth of said creek, thence up the channel of said creek to the mouth of the first large run on the west side thereof above where the state road crosses, thence up the said run to the top of the ridge, and to the most easterly corner of Wood county line, shall be, and the same is hereby added to and made a part of the county of Harrison.

2. And be it further enacted, That all entries made with the sur- Reservations. veyor of the said county of Ohio, in that part of the said county, which is hereby added to, and made part of, the county of Harrison, shall be as valid as if this act had not passed; and it shall be the duty of the surveyor of the said county of Ohio, within one month after inis act shall be in force, to make out, and, on application, to deliver, to the surveyor of the said county of Harrison, or the party entitled thereto, attested copies of all entries made upon lands within the part hereby added to the said county of Harrison, on his books and not surveyed, together with the warrants upon which they were founded, or a certificate specifying their dates, numbers and quantities, for which services he shall receive five cents for every such allested copy, to be paid by the party for whom they shall be respectively made. And if the said surveyor of Ohio shall refuse or neglect to make out, or deliver such attested copies within the time aforesaid, he shall forfeit and pay to the party injured, one hundred and fifty dollars, to be recovered by action of debt or information in any court of record in this commonwealth. 3. And be it further enacted, That it shall be the duty of the sur-Duty of surveyor

of Harrison. veyor of the said county of Harrison, upon the receipt of any such attested copy of an entry as aforesaid, to proceed to survey the lands comprised within such entries, and to make returns thereof to the register's office, in like manner as if the said entry or entries had originally been made with him, and shall be entitled to the like fees therefor: Provided always, That nothing herein contained shall Proviso. be construed to prevent the sheriff or collector of the said county of Ohio, from collecting and making distress for any public dues or officers' fees remaining unpaid by the inhabitants of the said county of Ohio, hereby added to the county of Harrison; but he shall collect and account for the same in like manner as if this act had not been made: Provided also, That nothing in this act contained Provisa shall be so construed as to prevent the court of Ohio county from proceeding to final judgment and execution in all suits at law or in chancery, which shall, on the first day of May next, be depending therein.

4. This act shall commence and be in force from and after the Commencement. first day of May next.

CHAP. 65.—An ACT authorizing certain regimental and battalion courts of enquiry to be held in the counties of Berkeley and Hampshire.

(Passed January 8, 1805.) Whereas, it is represented, that from peculiar and unavoidable Preamble. circumstances, no regimental or battalion courts of enquiry were held, according to law, during the last year; in the county of Berkeley, which composes the sixty-seventh regiment; also, that no court of enquiry was held for the seventy-seventh regiment, composed of part of the militia of Hampshire county, por for the first battalion of the said regiment, during the same period :

Authorizing cer 1. Be it therefore enacted by the general assembly, That it shall tain courts of an: be lawful for courts of enquiry to be held for the said regiments and Berkeley and battalions, at such times, in the months of March or April next, as Hampsbire.

may be appointed by the commanding officers of such regiments respectively, and by the commanding officers of the battalions therein; to which courts of enquiry, the sheriffs of the respective counties aforesaid, shall make their returns of delinquents and insolvents, in like manner as they might have done, if the said courts had been

held in the months of October or November last. Duties of sheriffs 2. The sheriffs of the respective counties aforesaid shall be, and of said counties. are hereby required to receive, and grant receipts for, all such lists

of fines as may be imposed, or confirmed, by the said courts of enquiry hereby authorized to be held, as may be delivered to them be. fore the first day of May next; and shall collect the same, and account there for, at the same time, and in the same manner, as is by law provided in cases of militia fines imposed in other counties

within this commonwealth. Acts of said courts 3. And be it further enacted, That the several courts of enquiry valid, how far.

hereby authorized to be held, shall have full power to transact and do all such business as they might have lawfully done, if the same

had been held within the times prescribed by law. Commencement. 4. This act shall be in force from the passing thereof.

Chap. 66.–An ACT allowing to Nathaniel Fox and Leonard Hill, further time

to discharge certain judgments.

(Passed January 14, 1805.) Timo allowed to 1. Be it enacted by the general assembly, That Nathaniel Fox is No fic hand...Hill hereby allowed the time of six months from the first day of April tuin judgments. next, to discharge a judgment obtained against him in the general

court, in behalf of the commonwealth, in the month of November, in the year one thousand eight hundred and four, amounting to one hundred and seventy-three dollars thirteen cents, as security of James Primm, late high sheriff of the county of Stafford.

2. And be it further enacted, That the same time of six months, shall be allowed to Leonard Hill and Nathaniel Fox, from the date above, to discharge the balance of a judgment obtained against them in the general court, in behalf of the commonwealth, with the interest and costs of suit, as securities of the said James Primm,

late high sheriff of the said county of Stafford. Commencement. 3. This act shall commence and be in force from the passing

thereof.

Chap. 67.–An ACT giving further time to the owners of lots in the towns of
Moorefield and Ca lra, to build thereon, and for other purposes.

(Pessed January 14, 1805.) Preamble.

Whereas the proprietors of lots in the town of Moorefield in the county of Hardy, from the difficulty of procuring materials, have

not been able to build thereon : Seven years al 1. Be it enacted by the general assembly, That the further time of lots in Moore- of seven years from the passing this act, shall be allowed the ficld to improve. proprietors of lots in the town of Moorefield to build thereon. Same to owners in 2. Be it enacted, That the further time of seven years from the Ca Ira.

passing this act, shall be allowed the proprietors of lots in the town of Ca Ira, in the county of Cumberland, to build thereon.

lowed to owners

3. And be it further enacted, That the trustees in the town of Moorefield in the county of Hardy, and their successors, or a majority of them, shall be, and they are hereby authorized and empowered to make and establish such bye-laws, rules and regulations, not contrary to the laws or constitution of this state, or of the United States, as they, or a majority of them, may think necessary for the internal regulation of said town.

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

Chap. 68.–An ACT concerning Filmer W. Montford.

(Passed January 18, 1805.) 1. Be it enacted by the general assembly, That Filmer W. Mont- Allowance for ford, jailor of the county of Nansemond, shall be entitled to receive keeping lunatic. out of any money in the treasury, the sum of sixiy-six dollars, for keeping and defraying the expenses of a lunatic consigned to his care by a magistrate of the said county; and the auditor of public accounts is hereby authorized and required to issue his warrant for the same.

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

Commencement.

ed.

ties.

CHAP. 69.--An ACȚ establishing a town on the land of Richard Ratcliffe, at

the courthouse of Fairfax county.

(Passed January 14, 1805.) 1. Be it enacted by the general assembly, That fourteen acres of Town established land, the property of Richard Ratcliffe, as already laid off into lots Ratcliffo. with convenient streets, at the courthouse of Fairfax county, be established a town by the name of Providence, and that Charles Lit- Trustees appointtle, William Payne, Richard Bland Lee, John Jackson, John C. Hunter, Richard Coleman, Daniel M'Carty Chichester, Henry Gun. nel, junior, Marmaduke B. Beckwith, Daniel Lewis, Francis Coffer, David Stuart, William Middleton and Richard Fitzhugh, gentlemen, shall be, and they are hereby appointed trustees thereof, who, or a Powers and dumajority of them, shall proceed to sell the lots as now laid off in the said town, (except one acre of land, with an ordinary, stables and other buildings thereon, now in the occupancy of the said Richard Ratcliffe ; and except also the four acres which were donated to the county by the said Richard Ratcliffe, and on which the courthouse, and other public buildings now stand, which said four acres are hereby condemned for public use, and the right thereto hereby vested in the justices and their successors, for the use of the said county,) at public auction, for the best price that can be had, due notice thereof being publicly given at least forty-five days before such sale takes place, and to convey the said lots to the purchasers in fee, subject to the condition of building on each a dwelling house sixteen feet square at least, with a brick or stone chimney, to be finished fit for habitation, within seven years from the day of sale, and the money arising therefrom shall be paid to the said Richard Ratcliffe, or bis legal representatives,

2. It shall not be lawful for any person whatsoever, to purchase, No person allowed either directly or indirectly, more than one half of the lots within to purchase more the said town; and if any person shall, contrary to the true intent lots. and meaning of this act, either in person or by agent, bid for and purchase a greater number of lots than are hereby allowed to be in

ed.

dividually held, the lots so by him, her or them bought, shall be, and are hereby forfeited to the said trustees, for the use of the said town, to be sold and disposed of, by the said trustees, or a majority of them, at public auction as aforesaid, and the proceeds of such sales to be applied, by them, or a majority of them, towards improving

the said town, in such manner as to them shall seem expedient. Lots, how forfcit 3. If the purchaser of any lot or lots, shall fail to build on and

improve the same, within the time prescribed within this act, the lot or lots, as the case may be, so unimproved, shall be in like manner forfeited to the said trustees, for the use of the said town, and the trustees are hereby authorized and required to sell the same, and apply the money arising from such sale, towards improving the

said town as aforesaid. Trustees to make 4. The trustees of the said town, or a majority of them, are emregulations for said towa,

powered to make such rules and orders for the regular building of houses therein, as to them shall seem best, and to settle and deter

mine all disputes concerning the bounds of the lots. Vacancies among,

5. Vacancies by death, or otherwise, of any one or more of the said trustees of the said town, shall be supplied by the remaining trustees, and the persons so elected shall have the same powers as

if they had been named in this act. Commencement. 6. This act shall be in force from the passing thereof.

how filled.

ries.

Chap. 70.-An ACT establishing an inspection of tobacco on the land of Wil.

liam Mayo, in the county of Henrico.

(Passed January 17, 1805.) Inspection of to. 1. Be it enacted by the general assembly, That an inspection of bac.com established tobacco shall be, and the same is hereby established, on the land of Mayo. William Mayo, just below Rocketts landing, on James river, in the

county of Henrico, to be called and known by the name of Powhatan. Inspectors' sala 2. There shall be allowed and paid annually to each of the in

spectors at Powhatan warehouse, the sum of two hundred and sixtyseven dollars for their salary: Provided always, That if the quantity of tobacco inspected at the said warehouse, shall not be sufficient to pay the usual charges, and the inspectors' salaries, the de

ficiencies shall not be paid by the public. Duty on tobacco, 3. The duty on tobacco inspected at the said warehouse, shall be and accounted for the same, and collected, accounted for, and paid, in like manner as

is directed and prescribed by law for other tobacco inspections. Warehouses, how 4. The said William Mayo shall erect, at his own expense, sufto be built.

ficient houses, built of brick or stone, and covered with slate or tile, for the reception of tobacco; and so soon as the same shall be sufficient, the court of the said county of Henrico shall recommend

fit persons to be commissioned inspectors thereof. No person com 5. No person shall be obliged to receive any notes for tobacco notes of, for prior passed at the warehouse hereby established, in discharge of any debt.

contract heretofore entered into. Commencement. 6. This act shall be in force from the passing thereof."

tions.

Chap. 71.-An ACT establishing several towns.

(Passed January 18, 1805.) Town established 1. Be it enacted by the general assembly, That one hundred James Haya in Al. acres of land, the property of James Hays of the county of Albebemarle. marle, together with the lots and streets as already laid off, be estab

on the land of

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