for the repayment of monies paid into the treasury in pursuance of an act for sequestering British property, enabling those indebted to British subjects to pay off such debts, and directing the proceedings in suits where such subjects are parties," upon the said Carter B. Harrison giving bond and security to indemnify the commonwealth against any damage which may accrue from the issuing thereof. 3. This act shall commence and be in force from and after the Commencement. passing thereof. CHAP. 84.-An ACT to amend the several laws concerning the high courts of chancery. [Passed February 1, 1806.] ry district courts, cellors are inte 1. Be it enacted by the general assembly, That all causes now Manner of prodepending or which hereafter may be depending in the chancery ceeding in chancedistrict court of Williamsburg or Staunton, in which the judge of where the chansuch court is, or may be interested, shall be transmitted to the rested in a cause. chancery district court of Richmond. The court by an order to be entered of record, shall, at the next term, direct the clerk to send the original papers in such suits to the Richmond chancery district court, with copies of all orders and interlocutory decrees made therein, and with a statement of the costs. The chancery district court of Richmond is hereby authorized and empowered to proceed in, and to decide the causes thus transmitted, in the same manner as if they had been originally instituted therein. And causes which are now or hereafter may be depending in the chancery district court of Richmond, and in which the judge of that court may be interested, shall be transmitted in manner aforesaid, to the chancery district court of Williamsburg, to be there proceeded in, and decided in the same manner as if they had been originally instituted in that court. cases during a va 2. And be it further enacted, That pending any vacancy which Manner of promay hereafter be occasioned by the death, resignation or removal ceeding in certain of any judge of the Richmond, Staunton or Williamsburg chan- cancy in the office of judge of said cery district courts, the judge of the chancery district court nearest courts. to the district where such vacancy shall happen, is hereby authorized and required to grant injunctions and writs of ne exeat, in the same manner as if the cause of any such application had originated in his own district. 3. This act shall commence and be in force from and after the Commencement. passing thereof. CHAP. 85.-An ACT providing for the appointment of collectors of certain taxes in the counties of Tazewell and Lee, and for other purposes. (Passed February 3, 1806.) Whereas it has been represented that the act, entitled, "An act Preamble. appropriating a certain tax to the opening and completing a road through the counties of Russell and Lee, and for other purposes," has not been carried into effect, so far as it respects the collection of the arrearages of taxes therein appropriated, due in the counties of Lee and Tazewell, owing to the failure in the appointment of collectors: counties of Taze 1. Be it therefore enacted, That Ambrose Hall be, and is hereby Collectors of a appointed collector in the county of Tazewell, and Hiram Craig, certain tax in the collector in the county of Lee; who shall severally enter into bond well, &c. ap. and security, take the oath, have the same powers and perform the pointed. Commission allowed them. Further time al the act into effect. same duties directed by the same recited act, to all intents and purposes, and shall be subject to the same recovery against them, as if the appointment had been made by the courts of the said counties of Lee and Tazewell. In case of death or refusal to act, of either of the said persons, it shall be lawful for the court of the county of Russell to appoint others in their stead, who, on performing the duties herein before mentioned, shall have the same powers as vested in the said Ambrose Hall and Hiram Craig, and be subject to the same recovery. 2. The collectors appointed by this act, or those who may be appointed by the court of Russell county, as herein before directed, shall be allowed nine per centum on the amount by them collected, and shall be allowed until the first day of October next to make their collection. 3. The further time of two years, from the commencement of lowed for carrying this act, shall be allowed to carry into effect the above recited act, and the same period is allowed the court of Russell county to make report of their proceedings. Repealing clause. Commencement. Superintendant of arms may take apprentices. 4. All acts and parts of acts, coming within the purview of this act, shall be and are hereby repealed. 5. This act shall commence and be in force from the passage thereof. CHAP. 86.-An ACT authorizing the superintendant of the manufactory of arms to receive apprentices on behalf of the state, (Passed February 3, 1806.) 1. Be it enacted by the general assembly, That the superintenmanufactory of dant of the manufactory of arms in this commonwealth shall be, and he is hereby authorized to receive apprentices, not exceeding forty, to learn the art of making arms, upon the same terms that apprentices are usually received by mechanics within this state: Provided, That no apprentice shall be bound to the said superintendant for a time less than five years, nor more than eight years. 2. And be it further enacted, That the county courts within may bind orphans this commonwealth, may, whenever they think proper, direct the overseers of the poor to bind the poor infants within their respective counties to the superintendant of the manufactory of arms; and in such cases, as well as in all others within the meaning of this act, the said superintendant, if required, shall enter into bond as agent of the state, for a compliance with such contract on his part. County courts to superintendant. Commencement. Preamble. 3. This act shall commence and be in force from and after the passing thereof. CHAP. 87.-An ACT to relinquish to Elizabeth Smith, wife of William Smith, the right of the commonwealth to certain tracts of land. (Passed February 3, 1806.) Whereas Charles Neal, late of the county of Montgomery, and commonwealth of Virginia, hath died intestate and without heirs: And whereas, certain lands, of which the said Charles Neal died seized, have become escheatable to the commonwealth; and it appearing to this general assembly, that Elizabeth, the widow of the said Neal, hath since intermarried with William Smith of the said county: land vested in E. 1. Be it therefore enacted, That all the right, title and interest Commonwealth's of this commonwealth, in all the lands of which the said Neal died right to certain seized, or to which he may have had at the time of his decease, an Smith. equitable right, are hereby forever relinquished to the above named Elizabeth: Provided always, That nothing in this act shall be so construed, as in any wise to affect private right. 2. This act shall commence and be in force from and after the Commencement. passing thereof. CHAP. 88.-An ACT for paying the officers of the general assembly for their services during the present session. [Passed February 3, 1806.] 1. Be it enacted by the general assembly, That the allowance to Salaries to differthe officers of the general assembly for their services during the ent officers. present session, shall be as follows: To the chaplain, twenty dollars per week; to the clerk of the house of delegates, one hundred and forty-five dollars per week; to the clerk of the senate, seventy-two dollars and fifty cents per week; to the clerk of the committee for courts of justice, forty dollars per week; to the clerk of the committee of propositions and grievances, forty dollars per week; to the clerk of the committee of privileges and elections and claims, forty dollars per week; to the serjeants at arms of the senate and house of delegates, each, thirty-seven dollars per week; to each of the doorkeepers of the senate and house of delegates, twenty-one dollars per week; to Thomas Ritchie, for printing the journals of the senate, two hundred and seventy-five dollars; and to the person who cleans the capitol, ten dollars. 2. This act shall be in force from the passing thereof. CHAP. 89.-An ACT to amend an act, entitled, "An act reducing into one the several acts concerning the establishment, jurisdiction and powers of district courts." (Passed February 3, 1806.) Commencement. Whereas doubts have arisen, whether it is lawful for a judge of Preamble. the general court to sit as a judge of any district court, unless he had been allotted thereto by the general court: pointed, to attend his predecessor. 1. Be it therefore enacted by the general assembly, That any Judge of general judge of the general court hereafter appointed, shall attend such court hereafter apdistrict courts as have been allotted to the person in whose stead courts allotted to he shall be appointed; or, shall it so happen, that during the sitting of the general court, there shall be a vacancy, they shall allot such judges as are in office to such courts as they may deem proper; and whenever the vacancy is filled, the person or persons appointed, shall attend the district courts that were not filled by the allotment. 2. And be it further enacted, That it shall be lawful for Hugh Holmes, esquire, to attend such district courts as were allotted to Creed Taylor, esquire, by the last general court. 3. This act shall commence and be in force from and after the Commencement. passing thereof. Time given to revalue property. Commencement. Law compelling James river company to connect a given time, repealed. CHAP. 90.-An ACT supplementary to the act, entitled, "An act respecting the mutual assurance society against fire on buildings of the state of Virginia." (Passed February 3, 1806.) 1. Be it enacted by the general assembly, That such further time may be allowed, from and after the passing this act, to complete the revaluation of buildings which may have been insured in the towns and in the country, as the president and directors of said company may deem necessary; and no forfeiture shall be suffered or incurred by reason of the failure or omission to revalue property insured in any case previous to the passing this act. 2. This act shall be in force from and after the passing thereof. CHAP. 91.-An ACT concerning the James river company. 1. Be it enacted by the general assembly, That the fifth section of the act, entitled, "An act concerning the James river company," with tide water by passed on the thirtieth day of January, one thousand eight hundred and five, shall be, and the same is hereby repealed: Provided nevertheless, That nothing in this act shall extend, or be construed to extend, to alter the terms of the charter of the said James river canal company, or to deprive the legislature of the right heretofore held by them, of directing and obliging the said company to connect the navigation of the said canal with tide water, by locks, or otherwise, as to them may seem best. Commencement. Mill and other dams may be built across Monongalia river, &c. Conditions. Construction of dams. 2. This act shall commence and be in force from and after the passing thereof. CHAP. 92.-An ACT authorizing mill dams to be built across the Monongalia river. (Passed February 3, 1806.) 1. Be it enacted by the general assembly, That for the purpose of working mills or other machines useful to the public, it shall and may be lawful for any person owning lands on one side of the rivers Monongalia, Cheat, Tyger Valley, or the West fork of Monongalia, and desiring to erect a dam across such river for any of the purposes aforesaid, but not having the fee simple property in the lands on the opposite shore, against which he would abut his dam, to proceed in the manner directed by an act, passed the twenty-first day of December, one thousand seven hundred and ninety-two, entitled, "An act to reduce into one the several acts concerning mill dams and other obstructions of water courses," for the purpose only of obtaining a condemnation of land on the opposite shore for an abutment to such dam. And in every case where such condemnation shall be had, or where any person shall himself have the fee simple property in the lands on both shores, it shall and may be lawful for such person to erect a dam across such river in the following manner, and subject to the following regulations.. 2. Be it further enacted, That no dam to be erected by virtue of this act shall exceed four feet in height above low water mark; and every such dam shall be so extended upwards across such river, from the side where such mill or other machine will stand, as that the angle thereof with the current of such river shall be at least twenty degrees less than a right angle, and such dam shall be of equal elevation in every part, except that to which a slope shall be affixed, and so constructed as to prevent the passage of water through the same. 3. Be it further enacted, That with every such dam there shall Slopes to be built. be carried up a slope, adjoining such mill or other machine, at least sixty feet in width, the highest elevation whereof, and of that part of the dam to which such slope shall be affixed, shall be at least eighteen inches less than the elevation of every other part of such dam, and shall be so constructed as that rafts, boats and other crafts navigating the same shall be secure from damage by being cast upon the shore, or against such mill or other machine. The inclination of such slope shall in no case exceed an angle of four degrees with the horizon, and the sides thereof shall be built in such manner as to contain thereon the depth of water received at its junction with such dam. ting up slopes. failure. 4. Be it further enacted, That the owner or owners of every To keep crane or such dam shall erect on the abutment adjoining such slope, a crane windlass for getor windlass, with a sufficient rope or ropes, to give effectual aid to all boats or other crafts ascending such slope; and shall moreover cause a lamp to be suspended over the middle of such slope, and to be lighted during every night when such river shall be navigable for rafts, boats or other crafts. And for every failure or neglect to Penalties for erect such slope, crane or windlass, or to provide such rope or ropes and light as aforesaid, or to keep such crane, slope or windlass in repair for the space of one month, he, she or they shall forfeit and pay the sum of one hundred dollars for every offence, to be recovered with costs, by bill, plaint or information, in any court of record, one moiety whereof shall be to the use of the commonwealth, the other to the informer; and shall moreover, in all cases, be subject to the action of the party aggrieved, for all damages sustained by any raft, boat or other craft navigating such slope and dam, unless such damages, shall have happened through the negligence or misconduct of the person or persons navigating the same. And whereas, such dams as have already been erected upon the said rivers, have been so constructed as to impede the ordinary navigation of the said rivers, contrary to the provisions of the several acts, by virtue of which such dams have been erected: For remedy whereof, 5. Be it further enacted, That every such dam shall be ele- Elevation of dams. vated in every part thereof, eighteen inches above the highest part of the slope thereto affixed, except in that part which adjoins such slope, and in every other respect the owner or owners of such dams shall be subject to the like rules and regulations, and to the like actions, suits, penalties and forfeitures, as if such dams had. been erected by authority of this act. And whereas, it appears by the petition of Dudley Evans, Thomas Miller and James Scott, that conflicting interests will arise, if each of them should be allowed to erect dams across the Monongalia river: to view mill seats. 6. Be it therefore further enacted, That James Tate, Michael Persons appointed Kern, junior, Benjamin Hixon, Samuel Jackson and John Toncray, or a majority of them, are hereby appointed to view the several seats of the said Evans, Miller and Scott, and make report to the court of Monongalia county, which of the said seats is the most proper for erecting mills, or other works of public utility; which report shall be entered of record, and the person in whose |