Tolls for passing said gate. kept. them shall seem most to require the aid of this act, and shall appoint superintendants over such districts, who shall severally take an oath, and enter into bond with sufficient securities, in such sums as the said court shall direct, for the faithful performance of the duties required of them by this act. Such superintendants, when required by the said court, shall employ so many labourers, horses and carriages as they shall deem necessary, and shall proceed to make such repairs on their respective districts, as to them shall appear most to promote the public good. They shall make monthly returns of their proceedings to the said court, and shall be subject to the control of, and be removable from office by the said court, for any misconduct or neglect in the discharge of the duties thereof; and shall receive for their services such allowances as to the said court shall seem just. 3. And be it further enacted, That as soon as the said gate shall be erected, it shall be lawful for such gate-keeper to demand and receive of all persons passing through the same, the following rates or tolls, viz: For every man, six and one quarter cents; for every horse, mule or ass, six and one quarter cents, and for every carriage of any kind, including team and driver, twelve and one half cents per wheel: Provided, That persons not residing more than four miles from such gate, shall not be subject to payment of toll for passing through the same. List of tolls to be 4. A fair list of the tolls payable by this act, or established by the court of said county, as hereinafter directed, shall be kept up at the toll-gate, from time to time, for the information of passengers. And the toll-gatherer or gate-keeper, shall be subject to a fine of two dollars for every day the same shall be omitted, to be recovered with costs, by warrant, before any justice of the peace in the said county of Lee, for the use of the party complaining. 5. And be it further enacted, That the money arising from such gate, shall be deposited in the hands of the clerk of the said court, and shall constitute a fund for the improving and keeping the said road in repair, and shall be paid by order of the said court, to such superintendants and labourers, as shall be employed under this act, the said court being satisfied of the justice of their accounts: Provided nevertheless, That if at any time, the tolls received shall be more than sufficient for the purpose herein mentioned, it shall be the duty of the said court to reduce the tolls so as to produce a fund equal to the purposes contemplated by this act. 6. This act shall commence and be in force from and after the first day of March next, and shall continue in force for the term of ten years, and no longer. CHAP. 13.-An ACT authorizing a sale of the glebe of Bristol parish. (Passed December 31, 1805.) 1. Be it enacted by the general assembly, That Benjamin Harrison, Carter B. Harrison, John Shore, Isaac Hall, John Osborne, John James Thweat and George Ruffin, gentlemen, be, and they are hereby appointed commissioners, who, or a majority of whom, may and are hereby empowered and directed to dispose of to the highest bidder, upon such credit as to them shall seem best, the tract of land and appurtenances, appropriated as a glebe for the parish of Bristol in the county of Prince George, notice of the time and place of such sale being first advertised for six weeks succes sively in some newspaper printed in the town of Petersburg, the purchaser giving bond with security, payable to the said commissioners, with condition, that the obligors, their heirs, executors or administrators, will annually pay the interest of the said money to Andrew Syme, the present incumbent of the said parish, during his incumbency, and at the expiration thereof, that they will pay the principal sum to the persons who shall then be acting as overseers of the poor in the said county of Prince George, to be by them applied in such manner as they shall think best for the benefit of the poor of the said county. And the said purchaser further securing the punctuality of payment by a deed of trust on the said land. 2. This act shall be in force from the passing thereof. CHAP. 14.-An ACT releasing to John White and William Lee, the right of the commonwealth to a certain lot and lands named therein. (Passed December 31, 1805.) Commencement. 1. Be it enacted by the general assembly, That all the right, title Commonwealth's and interest which the commonwealth hath or may have, in or to a right to a lot in Wheeling released certain lot of land lying in the town of Wheeling in the county of to John White. Ohio, and known by the number fifty, together with one hundred and sixty acres of land, lying on Middle Island creek, in the said county, which lot and land were purchased by a certain John White when an alien, shall be and is hereby released to the said John White, who is now a citizen of the United States, to be held and enjoyed by him in the same manner as if he had been born a citizen of the same. in Brooke county 2. And be it further enacted, That all right, title and interest To tract of land which the commonwealth hath, or may have, in or to a certain tract released to Wilor tracts of land, lying in the county of Brooke, which land was liam Lee. purchased by a certain William Lee when an alien, shall be and is hereby released to the said William Lee, who is now a citizen of the United States, to be held and enjoyed by him in the same manner as if he had been born a citizen of the same. 3. Saving to all persons, bodies politic and corporate, except the Reservation. commonwealth, their rights to the said lot and lands, or any part thereof, in the same manner as if this act had not been made. 4. This act shall commence and be in force from and after the Commencement. passing thereof. CHAP. 15.-An ACT authorizing the appointment of commissioners to ascertain the different county lines bordering on the Three Notched road leading from the county of Albemarle to the county of Hanover. (Passed December 31, 1805.) be appointed. Whereas inconveniences have arisen from the state of certain Preamble. parts of the road from Albemarle county to Hanover county, commonly called the Three Notched road, on account of its being unascertained in which counties those parts of the road are situate: 1. Be it therefore enacted, That on or before the first day of June Commissioners to next, the respective county courts adjoining the parts of the road situated as aforesaid, shall appoint each two commissioners, to ascertain the line of their respective counties, that it may be thereby known through which counties respectively such parts of the road may run; and it shall be the duty of the said commissioners so ap- Their duties. pointed, to make report to their respective courts within six months after such their several appointments. Court to appoint hands. 2. And be it further enacted, That within three months after overseer and allot the said report so returned, the court of the county to which such return is made, shall appoint an overseer and assign hands to work upon that part of the road referred to in the report of the said commissioners, according to an act of assembly in such case made and provided. Pay of commis sioners. Commissioners may call on coun. ty surveyors. One commissioner may proceed in 3. The commissioners to be appointed under the authority of this act, shall be allowed per day two dollars each, as a compensation for their services, to be levied and paid by the court by which they were appointed respectively. 4. And be it further enacted, That if the said commissioners shall meet with any difficulty in ascertaining the lines of their respective counties, and shall find the attendance of a surveyor necessary, they are hereby empowered and required to call on the surveyors of their respective counties, or either of them, whose duty it shall be forthwith to attend, and perform such duty as shall be required of him or them, to carry this law into effect. 5. And be it further enacted, That if either of the commissioners, case of the sick. to be appointed by virtue of this act, from sickness or any other ness of the other. cause, shall be unable to attend to the duties aforesaid, the other commissioner may proceed to do and perform the services hereby required: Provided nevertheless, The attendance of one commissioner from each county shall be necessary. Commencement. George Pegram, jun., authorized to erect tobacco 6. This act shall commence and be in force from and after the passing thereof. CHAP. 16.-An ACT authorizing George Pegram, junior, to erect a public warehouse on his land in the town of Petersburg. (Passed December 31, 1805.) 1. Be it enacted by the general assembly, That it shall be lawful for George Pegram, junior, to erect a public warehouse on his land, warehouse in Pe- lying on a new street (not yet named) leading from Old street to High street, in the town of Petersburg, to be called and known by the name of Cross street warehouse. tersburg. Salary of inspec tors. Duty on tobacco. Materials of warehouse. Notes not receiva. 2. There shall be allowed and paid annually to each of the inspectors of Cross street warehouse, the sum of three hundred and thirty-three and one third 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 deficiencies shall not be paid by the public. 3. The duty on tobacco inspected at the said warehouse shall be the same, and collected, accounted for and paid in like manner, as is directed and prescribed by law for other tobacco inspections. 4. The said George Pegram, junior, shall erect, at his own expense, sufficient 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 county of Dinwiddie shall recommend fit persons to be commissioned inspectors thereof. 5. No person shall be obliged to receive any notes for tobacco ble for prior debts. passed at the warehouse hereby established, in discharge of any tobacco contract heretofore entered into. Commencement. 6. This act shall commence and be in force from and after the passing thereof. CHAP. 17.—An ACT establishing a turnpike road from the head of Roanoke river over the Allegany mountain. (Passed December 31, 1805.) Whereas it is represented to this present general assembly, that Preamble. the keeping in repair the public road from the highest crossing of the south fork of Roanoke river over the Allegany mountain in the county of Montgomery, is too great a burthen on the labouring tithables adjacent thereto: For remedy thereof, 1. Be it enacted by the general assembly, That John Ingles, An- Commissioners drew Lewis, Daniel Trigg, Gordon Cloyd, Charles Taylor, Henry appointed. Edmondson, James Craig, John M'Caulas Taylor and James Charl duties. ton, be and they hereby are appointed commissioners, who, or a ma- Their powers and jority of them, are hereby empowered and directed to let out to the lowest bidder, the opening of a turnpike road from the highest crossing of the south fork of Roanoke across the Allegany mountain to the house of John Pendleton in Montgomery county; the said commissioners having first given two months previous notice at the courthouses of Montgomery, Botetourt and Wythe, of the time and place of letting such road. 2. The rates of tollage on the said road shall not, in the first in- Rates of toll. stance, exceed those which follow, at which rates the opening of the said road shall be set up, to wit: For a horse carrying a rider, six and one fourth cents; for a horse without a rider, three cents; for a four wheeled carriage for the conveyance of commodities, thirty-seven and a half cents; for a four wheeled carriage for the conveyance of persons, seventy-five cents; for a two wheeled carriage for the conveyance of commodities, seventeen cents; for a two wheeled carriage for the conveyance of persons, twenty-five cents. On mules and asses, the same toll shall be paid as for horses. All persons, all horses drawing carriages, and all things not enumerated, shall pass toll free. the road. 3. The said road shall be made with a smooth convex surface, Manner of making well covered with gravel or stone, so as to render the passing of waggons thereon as convenient as possible (without being paved), at least twenty-five feet wide, with a sufficient drain on each side, and covered drains through the same where necessary.. take bond of un 4. The commissioners, or a majority of them, shall take bond Commissioners to with sufficient security from the undertaker, payable to themselves dertaker. and their successors, in the penalty of twenty thousand dollars, with a condition reciting the contract of the undertaker or undertakers, and that he or they shall and will truly and faithfully perform the same within four years from the date thereof, and afterwards keep the said road in good and sufficient repair, and in all things perform the duties imposed by this act; which bond shall be proven in the county court of Montgomery, and there recorded, and may be put in suit by a majority of the commissioners, or at the instance of any person injured. 5. So soon as the said road shall be completed from the lower When half tells end of the plantation of Thomas Barnett to the house of the said may be received. John Pendleton, to be adjudged and approved by the said commis ́sioners, or a majority of them, of which they shall give the said undertaker or undertakers a certificate, it shall then be lawful for the said undertaker or undertakers to demand and receive half the tolls hereby allowed; and when the residue of the said road shall be completed according to this act, to be adjudged and approved by Commissioners to direct running of road. the said commissioners, or a majority of them, a report thereof shall be by them made to the next court to be held for the said county of Montgomery, and entered of record, and from thenceforth full tolls may be demanded and received, according to the rates at which the said road shall be let by the undertaker or undertakers, his or their heirs or assigns. 6. The undertaker or undertakers shall run the said road in such direction and course, as shall be marked out by the said commis-· sioners, or a majority of them, whose duty it shall be to lay off and adopt such route as will combine shortness of distance, with the most practicable ground; and if the proprietor or proprietors of any ground through which the said road may pass, shall require compensation for the same, and for the additional fencing that may be necessary, and the undertaker or undertakers shall not be able Land may be con- to agree with them or their agents for the price thereof, the said demned. Tolls to cease if road is out of repair. Materials to be taken from adjacent lands upon certain terms. Hands to work on road as usual till completed. When to be begun and finished. undertaker or undertakers may apply to the court of the county of Montgomery, who shall issue a writ of ad quod damnum, on which proceedings shall be had as directed by "An act concerning public roads," and the assessment made by the inquest shall be paid before the road shall be opened through the said ground. Any ground which may be necessary to erect a toll-house and gate, shall be condemned and paid for in like manner. 7. If the undertaker or undertakers shall neglect for the space of six days to keep the said road in good and sufficient repair, and information shall be given to any justice of the peace for the county of Montgomery, he shall issue a warrant to a constable, commanding him to summon three freeholders, to meet at a certain time, at the place complained of, both to be mentioned in the warrant, of which notice shall be given to the undertaker or undertakers, or his or their agent entrusted with the repair of the said road; and if on enquiry by the said freeholders, in presence of the justice of the peace who shall attend, the said road shall be found not to be in repair, according to the true intent and meaning of this act, the tolls shall cease until the defective part of the said road shall be put in proper repair; and moreover, the undertaker or undertakers shall be subject to a fine of five dollars for each day the said road shall be out of repair; for which the said justice, after the enquiry aforesaid, shall render judgment; which fines shall be appropriated to the use of the poor of the said county of Montgomery. 8. The undertaker or undertakers, with his or their assistants, may enter into any lands adjacent to the said road, and take thence, stone, gravel, earth or wood, for making the said road, making compensation for the same, to be ascertained by three freeholders appointed and sworn by a justice of the peace, unless the undertaker or undertakers, and the proprietor or proprietors, shall themselves agree upon such compensation, which shall first be paid or tendered before such stone, gravel, earth or wood shall be taken for the purpose aforesaid, 9. Until the said road shall be completed, the county court of Montgomery are empowered and required to cause the male labouring tithables who have heretofore been allotted to the said road, as at present established, to work thereon, not exceeding four days in one year. 10. If the making of the said road shall not be proceeded on within one year from the first day of March next, or shall not within |
