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5. The said trustees, or a majority of them, shall convey the lots Powers. so sold to the purchaser or purchasers in see simple, subject to the condition of building on each a dwelling house at least sixteen feet square, with a brick or stone chimney, to be finished fit for habitation within two years from the day of such sale.

6. The said trustees, or a majority of them, are empowered to Powers and dumake such rules and regulations for the regular building of houses in the said town, as to them shall seem best; and to settle and determine all disputes concerning the bounds of the said lots. If the purchaser or purchasers of any of the said lots shall fail to build thereon within the time herein before limited, such lot or lots shall be forfeited, and the trustees of the said town, or a majority of them, sball enter into such lot or lots, and sell the same again, and apply the money thence arising towards the improvement of the streets of the said town, or to such other purposes as a majority of the justices of the said county shall direct.

7. Vacancies which may occur by the death, resignation, removal Vacancies how to the distance of fifty miles from the said town, or legal disability, supplied. of any trustee or trustees of the said town, shall be supplied by the remaining trustees, or a majority of them.

8. This act shall be in force from the passing thereof.

Commencement.

Chap. 88.–An ACT establishing the width of certain streets in the city of

Richmond, and for other purposes.

(Passed January 8, 1807.) 1. Be it enacted by the general assembly, That all the streets on Width of certain the north side of the main street in that part of the city of Rich-Bloete in Biche mond, which by virtue of two acts of assembly, one passed in the year one thousand seven hundred and seventy-nine, and the other in the year one thousand seven hundred and eighty, were by certain persons in the said acts denominated directors of the public buildings, added to the eastern part of the then town of Richmond, shall be and are hereby established of the width of sixty-six feet, as the same, from stones placed at the corners of each square therein, appear to have been actually surveyed and marked.

2. And be it further enacted, That the common council of the Common council said city shall be arid are hereby authorized to lay off in that part

nay lay off streets, of the said addition which lies south of the said main street, such streets and ways as to them shall seem necessary and proper, having respect to the buildings which have been placed or erected in that part of the said city; any act or proceedings of the said directors to the contrary notwithstanding.

3. This act shall be in force from the passing thereof.

ways, &c.

Commencement.

Franklin.

Chap. 89.–An ACT concerning John Williamson and Elijah Franklin, inspec

tors of tobacco at Rocketts warehouse,

(Passed January 8, 1807.) 1. Be it enacted by the general assembly, That John Williamson Salary to J. Wil.

liamson and Elijah and Elijah Franklin, inspectors of tobacco at Rocketts warehouse in the city of Richmond, shall be and they are hereby authorized to retain the twenty-five per centum on their salaries as heretofore received by them.

2. And be it further enacted, That the said John Williamson To retain, &c. and Elijah Franklin, inspectors as aforesaid, and their successors, shall be and they are hereby authorized to receive in future the al

lowance aforesaid, in common with the inspectors at other warehouses.

3. This act shall commence and be in force from and after the passing thereof.

Commencoment.

CHAP. 90.--An ACT to repeal an act, entitled, “ An act for clearing and re

pairing the waggon road from the state road to or near the mouth of the Little Kanawha river.

(Passed January 9, 1807.) 1. Be it enacted by the general assembly, That the act passed the eighteenth day of January, one thousand seven hundred and pinety-eight, entitled, "An act for clearing and repairing the waggon road from the state road to or near the mouth of the Little Kanawha river,” shall be and the same is hereby repealed.

Auditor to issue warrant to P. Woodson.

CHAP. 91.-An ACT concerning Philip Woodson.

(Passed January 9, 1807.) 1. Be it enacted by the general assembly, That four hundred dollars shall be paid to Philip Woodson of the county of Goochland, to indemnify him for the loss of his negro man slave named Lewis, while in the service of this commonwealth; and the auditor of public accounts is hereby authorized and required to issue a warrant or warrants on the treasury for the same, to the said Philip Woodson in person or by attorney, to be paid out of any money therein: Provided, The said Philip Woodson do relinquish and convey to this commonwealth, by deed in writing, all his right and title in and to the said slave Lewis.

2. This act shall commence and be in force from and after the passing thereof.

Proviso.

Commencement.

CHAP. 92.—An ACT releasing to William Somerville the right of the commonwealth to a certain lot of land in the town of Lexington.

(Passed January 9, 1807.) Commonwealth's

1. Be it enacted by the general assembly, That all the right, title right to a lot of land in Lexington and interest which the commonwealth hath or may have in or to a Wm. Somerville. certain lot of land in the town of Lexington in the county of Rock

bridge, now in the possession of William Somerville, which was conveyed to him while an alien, and in consequence thereof has become escheatable to the commonwealth, shall be and is hereby vested in him the said Somerville, who is now a citizen of this commonwealth, to be by him held and enjoyed, in the same manner as if he had been a citizen thereof: Saving, however, to all and every person or persons, bodies politic and corporate, (other than the commonwealth,) any right, title or interest, which he or they might or would have had in the said lot of land, or any part thereof, if- this act had never been made.

2. This act shall commence and be in force from the passing thereof.

Commoncement.

CHAP. 93.-An ACT giving the assent of this state to an act of congress for laying out and making a road from the Potowmac river to the state of Ohio.

(Passed January 12, 1807.) Whereas by an act of the congress of the United States, passed Preamble. on the twenty-ninth day of March, one thousand eight hundred and six, entitled, “ An act to regulate the laying out and making a road from Cumberland in the state of Maryland to the state of Ohio," the president of the United States was empowered to lay out a road from the Potowmac to the Ohio river, and to take measures for making the same, so soon as the consent of the legislatures of the several states through which the said road should pass, could be obtained: And whereas application hath been made to this present general assembly, by the president of the United States, for its consent to the measures aforesaid :

1. Be it therefore enacted by the general assembly, That the pre- Leave granted to sident of the United States be, and is hereby authorized to cause so make road through much of the said road as will be within this state, to be cut out from this state. the place where the same may enter the territory of this state, to such point or place on the Ohio river as now is, or hereafter may be agreed upon by the president or congress of the United States, and to cause the said road to be made, regulated and completed within the limits and according to the true intent and meaning of the before recited act of congress, or any future act by them to be passed in relation thereto.

2. Be it further enacted, That such person or persons as are or Powers granted to shall be appointed for the purpose of laying out and completing the superintendant of said road, under the authority of the United States, shall have full power and authority to enter upon the lands through which the same may pass, and upon any lands near or adjacent thereto, and therefrom to take, dig, cut and carry away such materials of earth, stone, gravel, timber and sand, as may be necessary for completing the said road.

3. Provided nevertheless, That such materials shall be valued Proviso. and appraised in the same manner as materials taken for similar purposes under the authority of this commonwealth are by the laws thereof directed to be valued and appraised, and a certificate of the amount thereof shall, by the person or persons appointed or hereafter to be appointed under the authority of the United States for the purpose aforesaid, be delivered to each party entitled thereto, for any materials to be taken by virtue of this aci, to entitle him or her to receive payment therefor from the United States. 4. This act shall be in force from the passing thereof.

Commencement.

Chap. 94.-An ACT annexing the county of Albemarle to the district for which a chancery court is directed to be holden in Staunton.

(Pussed January 12, 1807.) 1. Be it enacted by the general assembly, That the county of Connty of AlbeAlbemarle shall hereafter be added to and made a part of the dis- Scarle con disedice. trict for which a superior court of chancery is directed by law to be holden in the town of Staunton.

2. This act shall be in force from and after the passing thereof. Commencement.

Preamble,

Fines.

Chap. 95.-An ACT concerning the militia of the city of Richmond.

(Passed January 13, 1807.] Whereas it has been represented to this general assembly, that the militia of the city of Richmond is at this time inefficient by reason of great defects in the general militia law: For remedy

whereof, Musters, when to 1. Be it enacted, That in future there shall be a muster of each be held.

company of the militia in the city of Richmond, including the light companies, troops and artillery, once in every month in the year, except the months of December, January, February and March, and ihose other months in which the regimental and battalion musters may be held; all which musters shall be held at such times and places as the regimental courts of enquiry shall from time to time direct and appoint.

2. That in lieu of the fines now imposed by law on the said militia, any non-commissioned officer or private failing to attend his regimental, battalion or company muster, armed and equipped as the law directs, shall forfeit and pay a sum not less than seventyfive cents, and not exceeding five dollars; and the fines on the commissioned officers for failure or neglect of duty, shall be as follows: Any officer commanding a company, not less than ten and not exceeding twenty-five dollars; any 'major or commandant of the battalion, not less than fifteen and not exceeding thirty-five dollars; and any commandant of the regiment, not less than twenty and not exceeding fifty dollars. In all other cases of delinquency under the existing law, for which fines are imposed, the said fines shall be increased upon all persons, whether officers, non-commissioned, or privates, not exceeding fourfold.

3. In order to insure the certain and speedy collection of fines, there shall be a battalion court of enquiry for the assessment of all fines, (to be holden at the discretion of the commanding officer of the regiment) at least once in every two months of those months in which musters are directed to be held, and the fines then assessed shall be placed in the hands of the collector for collection within ten days after every such court: Provided, however, That each person so fined shall have the right of appealing to the next suc

ceeding court of enquiry. Commandant may 4. The commandant of the regiment, by and with the consent of appoint collector of fines, &c. the regimental court of enquiry, shall be, and he is hereby autho

rized and empowered to appoint a collector to the regiment, who shall have the same powers as a sheriff or sergeant, in the collection of the fines placed in his hands to collect, and shall receive such compensation therefor, as the regimental court of enquiry shall deem just and reasonable, conforming to the act of assembly in such case made and provided : And until the regimental court of enquiry shall meet, the commandant of the regiment, by and with the consent of the battalion court of enquiry, shall have the power to appoint such collector : In both cases, however, the person so appointed shall, previously to entering upon the duties of his office, give bond with approved security, in such penalty as the commandant of the regiment, with advice as aforesaid, may think, proper, for the faithful discharge of the duties of his office; which bond shall be made payable to the governor of this commonwealth and

his successors, and shall be sued upon as other bonds given by col. Proviso. lectors of public dues: Provided always, That so much of the fines

Battalion courts of
enquiry, when
held.

Proviso.

imposed by this act as will be in addition to the fines now imposed by law, shall be subject to the sole and exclusive appropriation of the regimental court of enquiry, for the benefit and use of the nineteenth regiment of militia in the city of Richmond.

5. So much of all acts or parts of acts as contravenes the opera- Repealing clause. tion of this law, shall be and the same is hereby repealed.

6. This act shall commence and be in force from and after the Commencement. passing thereof.

them.

Chap. 96.--An ACT suspending further a judgment obtained on behalf of the

commonwealth against the administrators of Benjamin Branch, and for other purposes.

(l'assed January 14, 1807.) 1. Be it enacted by the general assembly, That all further pro- Further time al. ceedings on a judgment obtained in the general court in November, of B Branch to one thousand eight hundred, on behalf of the commonwealth against discharge a judg. Benjamin Branch and Edward Branch, administrators of Benjamin monwealth es. Branch, deceased, shall be and are hereby suspended for the space of twelve months from the expiration of the term to which the same were suspended by an act passed at the last session of the general assembly; and the said administrators are hereby allowed the fur. ther time of twelve months for making each of the respective payments in the said act specified, and in discharge of the judgment aforesaid. The damages recovered by the said judgment shall be and hereby are remitted, upon the residue of the judgment being paid at the times and in the manner specified by this and the aforesaid act.

And whereas it appears by an act of the general assembly, passed in one thousand seven hundred and eighty-five, that two thirds of the revenue tax due for the said year was payable in indents, which at their then value, was equal only to five shillings in the pound: 2. Be it enacted, That the said Benjamin and Edward Branch Credit on said

judgment. shall have credit on the said judgment for two thirds of the amount, to be scaled and settled by the auditor at one fourth of the nominal value.

3. This act shall be in force from the passing thereof.

Commencement.

ed

Chap. 97.–An ACT changing the manner of electing common councilmen

of the city of Williamsburg.

(Passed January 14, 1807.) 1. Be it enacted by the general assembly, That in future, all Common council free white male inhabitants of the city of Williamsburg, qualified by by whom and law to vote for a member to represent the said city in general as- when to be electsembly, and all other free white male inhabitants of the said city, above the age of twenty-one years, who are housekeepers, or pay any tax under the laws of the corporation, shall, on the first Monday in May next, and at the same time in every two years thereafter, assemble at the courthouse of the said city, and then and there elect twelve persons as common councilmen. The said election Election to be shall be conducted by and under the management of the sergeant sergeant of said of the said city, who shall within five days thereafter return to the city. mayor thereof, or in his absence, to the recorder, or senior alderman of the said city, the polls taken at the said election; thereby shewing the names of the voters, and the number of votes given to

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