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months, in the county of Grayson, shall be entitled to receive four
required by this act. Duties of person 2. Every person claiming such reward, shall produce the whole claiming reward. scalp of every wolf to a justice of the peace of the county wherein
the same shall be killed, and shall then also, before the same jastice, make oath or affirmation to the effect following, that is to say: “1, A. B. do swear, that the scalp or scalps (as the case may be) by me now produced, was or were taken from a wolf or wolves killed by me in the county of
So help me God." And thereupon the justice shall grant to the person a certificate, reciting his name, the number of scalps produced, either of old wolves, or such as in his judgment appear not to exceed six months, the time and place when and where killed, and that oath or affirmation, or other sufficient proof hath been made before him; which being produced to the court laying the lery, shall entitle the party or parties therein named, to the reward aforesaid ; but no claim or demand shall be allowed without such certificate: Provided always, That every justice of the peace shall cause the ears of all wolf scalps brought before him, to be cut off in his presence, and shall
not grant a certificate for any scalp without ears. Certain part of 3. And be it further enacted, That so much of the act passed acts repealed. in the year one thousand eight hundred and two, entitled, "An act
increasing the reward for killing wolves in the counties of Madison, Patrick, Harrison, Rockingham and Culpeper," as relates to
the county of Harrison, shall be, and the same is hereby repealed. Repealing clause. 4. All and every act or acts coming within the meaning of this
act, is hereby repealed.
5. This act shall commence and be in force from and after the passing thereof.
Chap. 26.-An ACT au:horizing a sum to be raised by lottery for opening a road from Monongalia glades to the mouth of Fishing creek.
(Passed January 2, 1806.) Commissioners of 1. Be it enacted by the general assembly, That Morgan Morlottery.
gan, senior, William Haymond, Thomas Barnes, Stephen Morgan and Augusta Ballah, gentlemen, coinmissioners, or any three of them, shall be, and they are hereby authorized to raise by lottery or loiteries a sum not exceeding two thousand dollars, to be by them, or any three of them, applied towards opening and making a good road from the Monongalia glades, in the county of Monon
galia, to the mouth of Fishing creek on the river Ohio. Commencement. 2. This act shall be in force from the passing thereof.
CHAP. 27.-An ACT establishing certain inspections of flour.
(Passed January 2, 1806.) 1. Be it enacted by the general assembly, That inspections of Flour inspections flour shall be, and they are hereby established at the following
establishod, places, that is to say: on the land of Benjamin Robinson, at the mouth of Ten Mile creek, in the county of Harrison, and at the warehouse of Richard Simms in the county of Ohio, under the like rules and regulations as other inspections of flour within this commonwealth.
2. This act shall commence and be in force from and after the Commencement. passing thereof.
Caar. 28.-An ACT to amend the act, entitled," An act for establishing an
academy in or near the city of Richmond.”
(Passed January 2, 1806.) 1. Be it enacted by the general assembly, That it shall and may Nine trustees of be lawful for any nine of the persons who have been or hereafter
my constitute a may be appointed trustees of the Richmond academy, in the county of Henrico, to hold a board for the purpose of exercising any of the powers, or performing any of the duties, which by an act passed the twenty-ninth day of December, one thousand eight hundred and three, entitled, “ An act for establishing an academy in or near the city of Richmond,” may be exercised or performed by a majority of the said trustees.
2. Provided however, That no smaller number than a majority Provizo. of the said trustees shall be sufficient to direct or authorize a sale of any real estate belonging to the said academy.
3. This act shall be in force from the passing thereof.
view and mark out
CHAP. 29.-An ACT appointing commissioners to view and mark out a way
for a road from Thornton's gap in the Blue Ridge to the Little river turnpike road leading to Alexandria, and to raise a certain sum of money by lottery for opening the said road.
(Passed January 3, 1806.) 1. Be it enacted by the general assembly, That Zephaniah Tur- Commissioners to ner, Lewis Conner, George Brittain, Williain Kemp, Thomas Spin-way. dle, Charles Harper and William Horner, be and they are hereby appointed commissioners to view and mark out the way for a road from Thornton's gap in the Blue Ridge, through Culpeper and a part of Fauquier counties, to Fauquier courthouse; and that James Hunton, Thadius Norris, Thomas Jennings, Charles Ewell, James Kemp, William H. Terrett and George Summers, he and they are hereby appointed commissioners to view and mark out the way for a road from the courthouse of Fauquier county, through the counties of Fauquier, Prince William and part of Fairfax, 10 the turnpike road leading from Little river to Alexandria; and that a majority of the said commissioners on each part of the said road, shall be competent to do any act or acts by this law directed to be done on such part of the said road, as they are respectively appointed to act on, except as hereinafter excepted.
2. Be it further enacted, That so soon as the said commissioners Duties of commisshall have viewed and marked out the way for the said road, they shall report to the court of each of the said counties the way the said road is intended to be run through such county; and upon such report being made to the said county courts respectively, such courts
shall, and each of them are hereby required to cause a writ or writs,
said road, to make the said assessments.
road shall run, for a sum of money in lieu of all damages which
ter mentioned. Commissioners to
4. Be it further enacted, That in order to defray the expenses manage lottery. incident to opening and establishing the said road, that it shall and
may be lawful for William Horner, George B. Pickett, Gustavus B.
majority of them, to raise by lottery or lotteries, so much money, Appropriation. not exceeding six thousand dollars, as they shall think sufficient for
the purposes of paying and discharging the different amounts of
the said road at a meeting to be held for that purpose.
after the same shall have been carried into effect, that the said com-
6. Be it further enacted, That the commissioners of the said Powers of commisroad, or a majority of them, on each part of the said road, shall sioners for manag.
ing road have full power to contract with any person or persons for opening the said road, or any part thereof, which shall be in such part of the said road as such commissioners are appointed for.
7. Be it further enacted, That the sheriffs of the said counties Pay of sheriff for respectively, shall be entitled to the sum of five dollars for summoning and empannelling each of the said juries, and for all other services herein directed to be performed by him, to be paid in manner aforesaid.
8. Be it further enacted, That after the said road shall be opened, Road when openthe courts of the counties through which the same shall run, shall repair by counties. cause the same to be kept in repair in the same manner as other public roads are kept in repair in this commonwealth.
9. In case any of the said persons herein named as commission- Manner of filling ers of the said road, shall refuse to act, depart this life, or remove, commissioners. the remaining part of the said commissioners shall act: Provided, The number on each part of the said road shall not be reduced at any time to less than three, by means of such refusal, death or removal; and if the number of such commissioners on each part of the said road shall be reduced to less than three, at any time, then it shall be the duty of the court of such county wherein the said refusal to act, death or removal shall have happened, to appoint another or other commissioner or commissioners, till such number shall be equal to three on each part of the said road.
10. This act shall commence and be in force from and after the commencement. passing thereof.
CHAP. 30.-An ACT concerning master commissioners in chancery.
(Passed January 3, 1806.) 1. Be it enacted by the general assembly, That the commissioner Master commis. or commissioners of the county and corporation courts, may
sioners in county issue
and corporation their tickets for the sums allowed by said courts, for services per- courts may isave
clerks formed by them under the orders of the said courts, and deliver of courts. them to the sheriffs or serjeants of their respective counties or corporations, at the same time the clerks of the courts thereof are directed by law to deliver their tickets; and the several sheriffs or serjeants shall collect and account for them, as well those which may now be due, as those which shall hereafter become due, in the same manner, and under the like penalties, and shall have the same allowance for collecting, and insolvencies, as are prescribed in the case of the clerks of the said county and corporation courts. 2. And be it further enacted, That commissioners in chancery, All commissioners
in chancery may as well those in the county and corporation courts, as those in the
administer oaths. high courts of chancery, be, and they are hereby empowered to administer an oath or affirmation in all cases to them referred by their respective courts, wherein it shall be necessary to examine witnesses on oath or affirmation; and if any person sworn or affirmed by any of the said commissioners, by virtue of this act, shall give any evidence under such circumstances as would have constituted the same to be perjury is given in the presence of a court of record, the same shall be deemed perjury to all intents and purposes.
3. And be it further enacted, That no justice of the peace of Persons disqualiany county, or mayor, recorder or alderman of any corporation court, fideicomers who is, or shall be a commissioner in chancery, shall give an opinion
on the reference of any cause, nor on the trial of any suit in which
he has, or shall have acted as commissioner. May issue subpe 4. And be it further enacted, That the commissioners in chan
cery of the superior and inferior courts in this commonwealth, shall and may issue subpænas for witnesses to attend before them, to be executed and returned in like manner as subpænas issued by the clerks of such courts; and if a subpæna be issued by a commissioner in chancery and served upon the witness or witnesses named therein, and he, she or they shall fail to attend, according to the requisition of such subpæna, such commissioner shall report such default, and thereupon such proceedings shall be had before the court to which such report shall be made, as would be had if such witness or witnesses had been summoned to such court to give evidence on a trial therein depending, and had made default. And moreover, such witness or witnesses shall be liable to such action for damages at the suit of the party aggrieved, as he, she or they would have been liable to for a default in court as aforesaid.
5. This act shall commence and be in force from and after the passing thereof.
Chap. 31.–An ACT establishing certain inspections of tobacco in the county
(Passed January 4, 1806.) Inspection of to 1. Be it enacted by the general assembly, That it shall be lawful bacco on the land to erect public warehouses at the following places, that is to say: Kanawha county; On the land of Nehemiah Wood, at or near the courthouse of KaAlso on land of T. nawha county, 10 be called and known by the name of Wood's .
warehouse, and on the land of Thomas' Buffington, at the confluence of Great Guyandotte river with the Ohio, to be called and
known by the name of Buffington's warehouse. Inspectors' sala 2. There shall be allowed and paid annually to each of the in
spectors at the said warehouses the sum of seventy-five dollars for their salary: 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. Duties.
8. 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. Warebouses. 4. The proprietors of the said warehouses respectively shall erect
at their own expense good and sufficient houses for the reception of tobacco; and so soon as the same shall be completed, the court of the county of Kanawha shall recommend fit persons to be coinmis
sioned inspectors thereof. Notes not re 5. No person shall be obliged to receive any notes for tobacco ceivable for prior inspected at either of the warehouses hereby established, in dis
charge of any tobacco contract heretofore entered into.
6. This act shall commence and be in force from and after the passing thereof.