Duties of person months, in the county of Grayson, shall be entitled to receive four dollars; and for every wolf under that age, the sum of two dollars, to be adjudged as aforesaid; and every person who shall kill any wolf above the age of six months, in the county of Augusta, shall have a reward of six dollars; and for every wolf under the age of six months, to be adjudged as aforesaid, three dollars; which said sums shall be in lieu of the reward now allowed by law in the said counties, and shall be levied and paid in the county where the same shall be killed, 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. 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 justice, 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." Certain part of acts repealed.. Repealing clause. Commencement. lottery. 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 levy, 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. 3. And be it further enacted, That so much of the act passed 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Patrick, Harrison, Rockingham and Culpeper," as relates to the county of Harrison, shall be, and the same is hereby repealed. 4. All and every act or acts coming within the meaning of this act, is hereby repealed. 5.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 authorizing 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 Morgan, senior, William Haymond, Thomas Barnes, Stephen Morgan and Augusta Ballah, gentlemen, commissioners, or any three of them, shall be, and they are hereby authorized to raise by lottery or lotteries 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 Monongalia, 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 established. 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. CHAP. 28.-An ACT to amend the act, entitled, "An act for establishing an academy in or near the city of Richmond." Richmond academy constitute a board. 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 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 Proviso. 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. 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.) Commencement. view and mark out way. 1. Be it enacted by the general assembly, That Zephaniah Tur- Commissioners to ner, Lewis Conner, George Brittain, William Kemp, Thomas Spindle, 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, be 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, to 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. sioners. 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 Proviso. Commissioners owners of land. shall, and each of them are hereby required to cause a writ or writs, in the nature of a writ of ad quod damnum, to issue, directed to the sheriff of their counties, which it shall be the duty of the said sheriff of such county to execute and return at or before the second court after such writ or writs shall have issued; in pursuance of which writ or writs, the jury summoned by the said sheriff, which shall consist of twelve freeholders, shall assess the damages which each person, through whose land such road shall be intended to be opened, will sustain, in their opinions, by means of opening the said road; and their valuations so made shall be specially stated, with the names of the persons in whose favour they shall assess such damages in their inquest, which the said sheriff shall return sealed to the court of such county: Provided, That no jury shall be compelled to assess the damages as aforesaid for a greater distance on the said road than ten miles, nor less than five, and it shall be the duty of the sheriff to summon and impannel a sufficient number of jurors, as near as conveniently he can to the different parts of the said road, to make the said assessments. 3. Be it further enacted, That it shall be lawful for the said commay contract with missioners to contract with any person through whose land the said road shall run, for a sum of money in lieu of all damages which might otherwise be assessed, to be paid in such way as is hereinafter mentioned. Commissioners to Appropriation. 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. Horner, John A. Smith, Hugh R. Campbell, Richard Baker, Charles Marshall, Charles Tutt, Thadius Norris and Thomas Hunton, or a majority of them, to raise by lottery or lotteries, so much money, not exceeding six thousand dollars, as they shall think sufficient for the purposes of paying and discharging the different amounts of damages so assessed on the said road, or contracts made by the said commissioners of the said road with individuals through whose lands the said road shall be opened, the sums necessary for opening the same; a sum not exceeding three dollars per day to each of the said commissioners of the said road while actually employed in viewing and marking out the said road; and lastly, towards erecting a bridge or bridges across the principal water course or courses over which the said road shall pass; the stream or streams over which the said bridge or bridges are to be erected, shall be determined on by a majority of all the commissioners on both parts of the said road at a meeting to be held for that purpose. Manner of draw ing money from managers of lottery. 5. Be it further enacted, That before any money shall be drawn for the purposes aforesaid, from the managers of the said lottery, after the same shall have been carried into effect, that the said commissioners of the road shall procure from the court of that county where such sum is to be paid, an order, signed by the clerk of the said court, on the managers of the said lottery, for such amount; and all contracts made by said commissioners with any individual, for money in lieu of damages otherwise to be assessed by a jury, shall be returned to such court, to be by them approved or annulled; and before any commissioner shall be entitled to the compensation for his services aforesaid, he shall state the same in writing, and return an account thereof on oath, to the court of either of the said counties. ing road. 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 managhave 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. summoning jury. 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 oper the 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. vacancies among 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.) sioners in county tickets as clerks 1. Be it enacted by the general assembly, That the commissioner Master commisor commissioners of the county and corporation courts, may issue and corporation their tickets for the sums allowed by said courts, for services per- courts may issue 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. in chancery may administer oaths. 2. And be it further enacted, That commissioners in chancery, All commissioners as well those in the county and corporation courts, as those in the 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 if 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, mast who is, or shall be a commissioner in chancery, shall give an opinion fied as master com May issue subpa nas. Commencement. Inspection of to of N. Wood, in on the reference of any cause, nor on the trial of any suit in which he has, or shall have acted as commissioner. 4. And be it further enacted, That the commissioners in chancery of the superior and inferior courts in this commonwealth, shall and may issue subpoenas for witnesses to attend before them, to be executed and returned in like manner as subpœnas issued by the clerks of such courts; and if a subpoena 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 subpoena, 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 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, to be called and known by the name of Wood's Buffington. Inspectors' salaries. Duties. Warehouses. Notes not re 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. 2. There shall be allowed and paid annually to each of the inspectors 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. 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. 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 commissioned inspectors thereof. 5. No person shall be obliged to receive any notes for tobacco ceivable for prior inspected at either of the warehouses hereby established, in discharge of any tobacco contract heretofore entered into. debts. Commencement. 6. This act shall commence and be in force from and after the passing thereof. |
