four years from the time of the contract, be completed according to the true intent and meaning of this act, in either of those cases, the operation of this act shall cease and determine. commissioners 11. In case of the death, removal, refusal to act, or resignation of Vacancy among a commissioner, the court of Montgomery shall by an appointment, how filled. to be entered of record, supply such vacancy, and the persons so appointed shall have the same power as if they had been named in this act. And whereas, it may happen that the rates of toll established at the time the making the said road shall be let, may prove higher or lower than will be consistent with the intention of the general assembly, which is to allow the undertaker or undertakers a reasonable and moderate profit on the capital expended in making the said road: For remedy thereof, 12. Be it enacted, That the undertaker or undertakers shall, at Undertaker to lay the end of each year after the said road shall be completed, lay be- his accounts bor fore Montgomery fore the court of Montgomery county, verified by affidavit, an ab- court. stract of his or their accounts, shewing the whole amount of capital expended, and of the income arising from the toll for and during the preceding year, with an exact account of the charges of keeping the said road in repair, and other contingent costs and charges (in which the hire of slaves, horses or oxen of the undertaker or undertakers employed on the said road, shall be set down at a reasonable rate, but nothing for the time or attention of the undertaker or undertakers), to the end that the clear annual income and profits may be ascertained and known. And if at the end of any year it shall appear that the income and profits will not allow six per centum per annum on the whole capital expended, then it shall and may be lawful for the said court to increase the tolls so much upon each and every allowance thereof, as will raise the profits up to six per centum per annum, in which increase they shall be regulated by the nett profits of the preceding year.. And if at any time it shall appear that the income and profits exceed fifteen per centum per annum on the whole capital expended, then it shall and may be lawful for the said court of Montgomery, and they are hereby required to reduce the tolls so much upon each and every allowance thereof, as will reduce the profits down to fifteen per centum per annum, in which reduction they shall be regulated by the nett profits of the preceding year. 13. All drivers of every kind of carriage using said road, except Drivers of carriages to keep on in the passing of a carriage of slower draft, shall keep their horses right hand side of and carriages to the right hand side of the said road, leaving the road. other side free and clear for such other carriages to pass by them; and any driver offending against this provision, shall forfeit and pay two dollars, with costs, to be recovered by the person offended, by warrant, before any justice of the peace where the offender shall be apprehended; but if the offender shall be a slave, he shall receive twelve lashes, by the justice's order, unless the fine be immediately paid. duct. 14. If the toll-gatherer shall unreasonably delay any passenger, Penalty on toll-gaor fail to pay immediately the necessary change that may be due to therer for misconhim, or shall demand or receive more toll than shall be allowed, the undertaker or undertakers shall, for every such offence, forfeit and pay five dollars, to be recovered before any justice of the peace, Non-payment of fine or penalty, with costs, for the use of the party injured, in which it shall be sufficient to summon the toll-gatherer to appear before such justice. 15. The non-payment of any fine or penalty, by this act directed breach of underta. to be inflicted on the undertaker or undertakers, shall be a breach of his or their bond, herein directed to be given to the commissioners. ker's bond. Road, &c. vested in undertaker. Penalty on persons evading payment of toll. Rates of toll to be kept up at tollgate. Proviso. Commencement. Warehouse autho- Inspectors' salaries. Duty on tobacco. 16. The said road, toll-house, gate and tolls, shall be vested in the undertaker or undertakers, his or their heirs or assigns, as real estate forever. 17. If any person shall do any act with intent to evade the payment of toll when the same shall be demandable, such person shall forfeit to the undertaker or undertakers, for each offence, the sum of two dollars and costs, to be recovered by warrant, before any justice of the peace; and if the offender shall be a slave, the fine shall be paid by his owner. 18. A fair list of the rates of toll shall, by the undertaker or undertakers, be constantly kept up at the toll-gate, which from time to time may be lawfully demanded for the information of passengers, under the penalty of two dollars per day, to be recovered by, warrant, with costs, before a justice of the peace, in which it shall be sufficient to summon the toll-gatherer to appear before such justice: Provided, That nothing in this act contained, shall be so construed, as to prevent the undertaker from erecting a toll-house or gate on any land the property of any person unknown, or not resident within the county of Montgomery, or running the road through such land, or taking therefrom stone, earth, gravel or wood, without previously paying or tendering the value of the materials, or the amount of the damages ascertained, as herein before directed. 19. This act shall commence and be in force from and after the passage thereof. CHAP. 18.—An ACT establishing certain public warehouses in the town of (Passed December 31, 1805.) 1. Be it enacted by the general assembly, That a public warehouse shall be, and the same is hereby established on John Lynch's lot, lying near the river, in the town of Lynchburg, to be called and known by the name of Liberty warehouse; and that a public warehouse shall be, and the same is hereby established on the land of James Martin, in the said town of Lynchburg, to be called and known by the name of Union warehouse. The proprietors of the said warehouses respectively, shall build them of brick or stone, and cover them with slate or tile. 2. There shall be allowed and paid annually to each of the inspectors of the said warehouses, the sum of two hundred and fifty dollars for their salaries: Provided always, That if the quantity of tobacco inspected at the said warehouses, 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 warehouses, shall be the same, and collected, accounted for and paid in like manner, as is directed and prescribed by law for other tobacco inspections. Campbell court to 4. The court of the county of Campbell shall recommend fit perrecommend inspectors. sons to be commissioned inspectors at the said warehouses. 5. No person shall be obliged to receive any notes for tobacco No person obliged passed at the warehouses hereby established, in discharge of any notes in discharge tobacco contract heretofore entered into. to receive tobacco of prior contract. 6. This act shall commence and be in force from and after the Commencement. passing thereof. CHAP. 19.-An ACT declaring Clinch river a public highway. Whereas it is represented to this general assembly, that the navi- Preamble. way. 1. Be it therefore enacted, That the said Clinch river is hereby Clinch river dedeclared a public highway, and free for the use of the citizens of clared public highthis commonwealth, in common with the citizens of the United States, from the junction of the Maiden springs and North fork, to the line of the state of Tennessee. sons obstructing navigation. 2. And be it further enacted, That if any person or persons Penalty on perwhatever, shall hereafter obstruct the navigation thereof, or the pas sage of fish in the same, by erecting any mill dam, or any dams for other public works, across the said river, the person or persons so offending, shall be deemed guilty of nuisance, and moreover shall forfeit and pay twenty-five dollars for every day they shall continue the same, to be recovered by action of debt or information, and to be applied towards lessening the county levy of that county in which the said offence shall be committed: Provided nevertheless, That nothing in this act shall be so construed as to prevent the citizens of this commonwealth from making dams of loose stones in the said river, for the purpose of catching fish, so that they do not obstruct the navigation. 3. This act shall commence and be in force from and after the Commencement. passing thereof. CHAP. 20.-An ACT remitting certain militia fines. (Passed January 1, 1806.) fines remitted. 1. Be it enacted by the general assembly, That all fines imposed Certain militia by a regimental court of enquiry held for the sixty-eighth regiment, at Williamsburg, the twenty-eighth day of November last, on the members of captain Robert Anderson's company of militia in the said city, for failing to attend all or either of the company musters called by the captain, on the twenty-fourth and thirty-first of August, on the seventh, fourteenth, twenty-first and twenty-eighth of September, and on the nineteenth of October last, be, and the same are hereby as fully and absolutely remitted, as if they had never been imposed. 2. This act shall commence and be in force from and after the Commencement. passing thereof. CHAP. 21. An ACT authorizing the payment of a sum of money to Thomas Millan. [Passed January 1, 1806.] Whereas, Thomas Millan, formerly deputy sheriff of Fairfax coun- Preamble. ty, did, in the year one thousand eight hundred, overpay into the treasury sixty-four dollars and sixteen cents, on account of militia fines, and for which he has never been reimbursed: Money refunded 1. Be it therefore enacted by the general assembly, That the to Thomas Millan. auditor of public accounts is hereby authorized and required to issue a warrant on the treasury for the sum of sixty-four dollars and sixteen cents, with interest from the thirty-first day of May, one thousand eight hundred and two, to Thomas Millan, formerly deputy sheriff of Fairfax county, to be paid out of any fund therein. Commencement. Commencement. Part of revenue of road. 2. This act shall commence and be in force from and after the passing thereof. CHAP. 22.-An ACT to repeal " An act for killing crows in certain counties." (Passed January 1, 1806.) 1. Be it enacted by the general assembly, That the act passed on the nineteenth day of January, one thousand eight hundred and five, entitled, "An act for killing crows in certain counties,” shall be and the same is hereby repealed. 2. This act shall commence and be in force from and after the passing thereof. CHAP. 23-An ACT making provision for improving and keeping in repair 1. Be it enacted by the general assembly, That the sum of two applied to public hundred dollars be annually appropriated out of the revenue due, or which may hereafter become due to the commonwealth, in the county of Randolph, for the space of three years, for the purpose of improving and keeping in repair that part of the state road leading through the said county to Clarksburg, lying between David Manier's ferry at Cheet river, and Peter Hackert's, under the regulations hereinafter mentioned. Court to appoint superintendant. Who is to give bond, &c. His duties. 2. The court of the said county of Randolph, at their next June session, or as soon thereafter as convenient, shall appoint some fit and proper person as superintendant of the said road, who shall enter into bond and security, in such penalty as to the said court shall appear expedient, payable to the governor for the time being, and his successors, for the use of the commonwealth, conditioned for the faithful performance of his duty; and shall moreover take an oath before the said court, faithfully to execute the office of superintendant, as provided by this act. 3. The said superintendant shall, within two months thereafter, employ so many labourers, horses and carriages, as he shall deem necessary, and shall thereupon commence the improvement of the said road, in such manner, and at such places, within the aforesaid distance, as he shall deem proper and best calculated to promote the public interest: Provided however, That the court of the county of Randolph (a majority of all the members being present) shall have power to control the said superintendant, and to make such regulations from time to time for his government, as to them shall apMay be removed pear expedient; and such majority shall moreover have power, for good cause shewn them, to remove such superintendant. by court. To lay his accounts before the court. 4. The said superintendant shall, once in every month (when he is employed as aforesaid) lay before the court of the said county a statement of his proceedings, including an account of the number of hands, horses and carriages employed, and the number of days they have been in such service; and the court being satisfied with the justice of such account, shall certify the same, together with the compensation they conceive such superintendant, labourer or and continuance. 5. This act shall commence and be in force from and after the Commencement first day of March next, and shall continue in force for and during the term of four years thereafter, and no longer. CHAP. 24.-An ACT for raising a certain sum of money by way of lottery or lotteries, for the benefit of Rumford academy in the county of King Wil liam. (Passed January 2, 1806.) 1. Be it enacted by the general assembly, That it shall and may Commissioners to be lawful for Spencer Roane, John Roane, William Brockenbrough, benefit of Rumford manage lottery for Robert Pollard, John Anderson, Beverly Robinson, Philip Aylett, acudemy. Robert Hill, Carter Braxton and William D. Claiborne, gentlemen, or a majority of them, to raise by lottery or lotteries, the sum of four thousand two hundred dollars, for the purpose of procuring a library and philosophical apparatus for the use of the students of Rumford academy in the county of King William. propriating mo 2. And be it further enacted, That Spencer Roane, John Roane, Trustees for apWilliam Brockenbrough, William D. Claiborne, Robert Pollard, e Cole Diggs, Philip Aylett, Robert Devennish and Beverly Robinson, shall be, and they are hereby appointed trustees, for the purpose of receiving and appropriating the aforesaid sum of money, when raised, to the purchase of all such books as may be deemed necessary, and also of a complete philosophical apparatus for the use of the aforesaid academy, which, when purchased, shall be vested in the president and masters of the said academy, for the time being, and their successors, for the use aforesaid; and the said trustees, or a majority of them, shall have full power and authority to make such rules and regulations respecting the same, as to them shall seem necessary; and they, or a majority of them, shall have full power to supply all vacancies that may happen in their body by death, resignation or otherwise. President and masters of academy to render ac 3. And be it further enacted, That it shall be the duty of the said president and masters, at least once a year, and oftener, if required, to render to the said trustees a true report of the state and count of books, condition of the books and apparatus aforesaid.. &c. to trustees. 4. This act shall commence and be in force from and after the Commencement. passing thereof. CHAP. 25.-An ACT altering the reward for killing wolves in certain counties, and for other purposes. wolves. 1. Be it enacted by the general assembly, That every person Reward for killing who shall kill any wolf above the age of six months, in the county of Washington, shall have a reward of two dollars; and for every wolf under the age of six months, to be adjudged by the justice before whom the scalp shall be brought, one and one quarter dollars; and every person who shall kill any wolf above the age of six |
