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teen hundred and ninety-five, intituled, “ An act to amend the act, intituled, 'An act appropriating certain public taxes to the opening a waggon road from the state road to the mouth of the Little Kanawha,' were authorized to appropriate certain public taxes therein mentioned to the opening a waggon road from Morgantown to the mouth of Grave creek on the river Ohio, shall and they.are hereby required to exhibit to the courts of the counties of Monongalia and Ohio, or one of them, at or before their sessions to be held in the month of July next, a statement of their proceedings under the said act, and of the balance remaining in their hands, if any, of the taxes which by the above recited act were intended to have been appropriated as aforesaid.

2. And in case of failure of the said commissioners to produce to be fined for such statement, they shall be liable to such fine as the said courts

failure. shall think proper to impose on them, not exceeding fifty dollars each, to be recovered in either of the said courts by action of debt or motion by any person who shall prosecute therefor, and applied one half thereof to bis or her benefit, and the other half to the improvement of the said road: Provided however, That legal notice of such motion shall be given.

3. And if by the aforesaid statement when rendered as by this How balances in aćt required, there should appear to be a balance remaining in the be appliod. hands of the said commissioners, or such of them as have proceeded under the above recited act, the said courts may at their discretion either direct the said commissioners to apply the same towards improving the road last mentioned in such manner as the said courts shall think best, or to pay such balance into the hands of such persons as the said court shall authorize to receive the same, to be applied by them to the purposes herein last mentioned.

4. And be it further enacted, That the commissioners appointed Commissioners to by an act for repairing a waggon road from Savage river to Morgan- Monongalia court. town, passed the twenty-third day of December, in the year one thousand seven hundred and ninety-five, and amended by an act passed the fourteenth day of December, in the year one thousand seven hundred and ninety-six, shall in like manner and under like penalties account for and pay to the court of Monongalia county, or their order, all sums of money by them, or either of them, received by virtue of said recited acts, to be applied towards repairing the said road from Savage river to Morgantown.

their hands shall

Chap. 30.-An ACT adding certain land of Thomas Newton to the borough

of Norfolk.

(Passed January 2, 1804.) 1. Be it enacted by the general assembly, That all the property Lots added. of Thomas Newton, as the same is now laid off into lots and streets, adjoining the borough of Norfolk, shall be and is hereby added to and made a part of the said borough; and the owners of such lots shall be entitled to all the privileges and immunities that the owners of other lots in the said borough have and enjoy.

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

Commencement.

Their compensation for certain servicos.

CAAP. 31.-An ACT to explain the seventh section of the act, entituled, " An act for erecting warehouses on the James river and Appamattox canals.'

(Passed January 2, 1804.) 1. Be it enacted by the general assembly, That the seventh section of the act, entitled, “ An act for erecting warehouses on the James river and Appamattox canals," shall be so construed as to give the superintendants twenty-five cents for each hogshead of tobacco they shall receive and deliver out; and for all extra services performed by them in putting into good order such hogsheads as are noted in their books to be received in bad order, they shall demand and receive seventeen cents also.

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

Commencement.

Chap. 32.---An ACT concerning Samuel Selden.

(Passed January 2, 1804.) List of delinquents

1. Be it enacted by the general assembly, That the auditor of allowed.

public accounts is hereby authorized and required to allow the lists of insolvents and non-residents of Samuel Selden, sheriff of the county of Elizabeth City, in the year one thousand eight hundred and one, to be returned, and that he may have credit for the same.

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

Commencement.

off the street.

Chap. 33.-An ACT for extending Church street in the borough of Norfolk.

(Passed January 3, 1804.) Preamble.

Whereas it is represented that the opening and extending Church street, in the borough of Norfolk, from its intersection with the Main street to the channel of Elizabeth river, will in a great degree pro

mote the health and convenience of the inhabitants thereof: Church street to 1. Be it therefore enacted, That the court of the said borough be extended.

shall, and they are hereby authorized and empowered to cause the said street to be opened and extended from the south side of the Main street, fifty feet wide, through the lands of David Patterson, Edward Valentine, James Dawley, George Loyall and Paul Loyall,

to the channel of Elizabeth river. Commissioners 2. And be it further enacted, That Robert Brough, Thomas appointed to lay Blanchard, Theodoric Armisted, John E. Holt and Richard H. Lee,

or any three of them, shall be commissioners for laying off the said street, attended by a surveyor to be appointed by the court for that purpose; that it shall be the duty of the said cominissioners, or any ihree of them, to make a report of their proceedings, accompanied with a plan and survey of said street, to the court, particularly describing what house or houses are necessary to be removed or taken

down. Their duty.

3. Be it further enacted, That after the plan and survey is returned to the court, it shall forth with be their duty to have a writ of ad quod damnum issued, directed to the serjeant, to summon twelve freeholders to meet on the lands through which the said street is to be opened, and ascertain on oath the damage sustained by opening and extending the said street, and make a report thereof to the

court. Further duty. 4. Be it further enacted, That it shall then be the duty of the

court, and they are hereby authorized and empowered to assess a tax on the inhabitants of the said borough, to the amount of the da

mage sustained, to be paid to the person or persons entitled thereto; How the esponco and that they forth with remove, or cause to be removed, all houses shall be paid. or parts of houses necessary for the purpose of extending and estabJishing the said street.

5. All acts or parts of acts that come within the purview of this Repealing clauso. act, shall be and the same are hereby repealed.

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

tract of land to

pay

CHAP. 34.-An ACT providing further for the payment of the debts of John

Calder.

(Passed January 2, 1804 ) 1. Be it enacted by the general assembly, That the trustees named Trustres to sell a in an act passed the twelfth day of December, seventeen hundred Daniel 'Cal. and eighty-nine, intituled, " An act for vesting in trustees the inte-lum. rest which the commonwealth now hath, or hereafter may have in a tract of land whereof John Calder died seized,or any two or more of them shall, on application to them made by Joseph Friend, executor of Daniel M'Callum, sell the said tract of land, which is situated in the county of Halifax, or so much of the same as shall be sufficient to raise the sum of five hundred and twenty pounds one shilling and nine pence one farthing, which shall be paid by the said trustees to the said Joseph Friend in satisfaction of a debt, which, by a report made according to law by certain commissioners, to the court of Chesterfield county, was found to be due to the said Daniel M'Callum from the said John Calder: Provided however, That this act shall not be construed to prevent the said trustees from selling any other part of the said land, and paying the proceeds arising from the sale to any person who shell qualify as administrator de bonis non of the said John Calder, for the purpose of paying any other debts that may be found to be due from the said Calder, nor to prevent the investiture in the trustees of the Halifax academy, of any part of the said land that may remain unsold after the paynient of the debts of the said John Calder, deceased, agreeably to the ninth section of the act passed the twenty-third day of January, eighteen hundred and two, intituled, "An act to establish an academy and to incorporate the trustees thereof in the county of Halifax."

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

CAAP. 35.-An ACT to amend an act, entituled, "An act to incorporate the trustees of an academy in town of Abingdon, and for other purposes."

[Passed December 31, 1803.] 1. Be it enacted by the general assembly, That the fifth section Repealing clause. of the act, intituled, “ An act to incorporate trustees of an academy in the town of Abingdon, and for other purposes," be, and the same is hereby repealed.

2. And be it further enacted, That it shall and may be lawful A sum to be raised for the trustees of Abingdon academy and their successors, or a ma- use of the acadejority of them, to raise by lottery or lotteries, a sum not exceeding my. iwo thousand dollars, to be applied by them in purchasing a library, philosophical and mathematical apparatus, and any thing else necessary for the use of the said academy.

Commencement.

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

Lots added to
Woodstock.

Chap. 36.-An ACT to enlarge the town of Woodstock, in the county of

Shenandoah.

(Passod January 2, 1804.) 1. Be it enacted by the general assembly, That five acres of land, the property of William Richardson, lying to the west end of the town of Woodstock, in the county of Shenandoah, so soon as the same shall be laid off into lots of half an acre each, with convenient streets, shall be added to and constitute a part of the said town.

of Woodstock. Privileges of own 2. The purchasers of the said lots hereby added to the said town

of Woodstock, so soon as they shall have built upon and saved the same, according to the conditions of their respective deeds, shall be entitled to, and have and enjoy, the same rights, privileges and immunities, which the other freeholders and inhabitants of the said town hold and enjoy.

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

ers.

Commencement.

Chap. 37.–An ACT concerning Reuben Fry.

(Passed January 2, 1804.) List of insolents 1. Be it enacted by the general assembly, That the auditor of allowed.

public accounts is hereby authorized and required to receive the insolvent lists of Reuben Fry, sheriff of Madison county for the year one thousand seven hundred and ninety-nine; and also grant hiin a warrant on the public treasury for the money paid into the same by him for failing to make his returns in time.

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

Commencement.

Warrant to issuo in his favour.

Chap. 38.-An ACT concerning Charles Tate.

(Passed January 3, 1804.) 1. Be it enacted by the general assembly, That the auditor of public accounts is hereby authorized and required to issue a warrant on the public treasury to Charles Tate, for one hundred dollars, the value of a horse pressed by the sheriff of Washington, for the use and service of the commonwealth, in which service he died.

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

Commencement.

Committee authorized to sell tbo land.

Cuar. 39.–An ACT authorizing the sale of certain land of David Wall, a per

son of unsound mind.

(Passed January 3, 1804.) 1. Be it enacted by the general assembly, That it shall and may be lawful for Charles F. Wall, who hath been appointed by the court of Halifax county a committee for taking care of, and preserving the estate of David Wall, who is a person of unsound mind, or any other committee who may be appointed for that purpose, to sell and dispose of one hundred and twenty acres of land lying in the county

of Halifax, to which the said David Wall hath become entitled unHow proceeds

der the will of his father, John Wall, dec., and the proceeds arising shall be applied. from such sale shall be applied by the said committee to the benefit

of the said David Wall, in such manner as he or they shall think

best, or as the court of the said county may direct: Provided how- Proviso.
ever, That before the said Charles F. Wall, or any other or person
or persons who may be appointed a committee for the said David,
shall be authorized to make such sale, he or they shall, before the
court of the said county of Halifax, enter into bond with good se-
curity, to be approved of by the court, with condition that he or
they will well and truly, during the life of the said David, apply the
money arising from such sale to his benefit, or pay the same to such
person or persons as the said court shall direct; and in case of his
death, that the said committee will account for any balance of such
proceeds remaining in his or their hands, to the person or persons
who
may

be entitled thereto.
2. This act shall be in force from the passing thereof.

Commencemont.
Chap. 40.--An ACT authorizing the sale of certain lands of Mary Anne Moore,

a person of unsound mind.

(Passed January 3, 1804.) 1. Be it enacted by the general assembly, That it shall and may Committee authobe lawful for Alexander Moore and Charles Wall, who have been land. appointed by the county court of Halifax, a committee for taking care of and preserving the estate of Mary Anne Moore, who is a person of unsound mind, or the survivor of them, or any other committee who may be appointed for that purpose, to sell and dispose of the shares or proportions to which the said Mary Anne hath, by the death of her father, John Moore, become entitled, of and in two undivided tracts or parcels of land whereof the said John Moore died seized, lying in the said county of Halifax, and to convey such shares to the purchasers thereof; and the proceeds arising How the proceeds

shall be applied. from such sale shall be applied by the said committee to the benefit of the said Mary Anne, in such manner as he or they shall think best, or as the court of the said county may direct: Provided how, Proviso. ever, That before the said committee shall be authorized to make such sale, he or they shall, before the court of the said county, enter into bond with good security, to be approved of by the court, with condition that he or they will well and truly, during the life of the said Mary Anne Moore, apply the money arising from such sale to her benefit, or pay the same to such person or persons as the said court shall direct; and in case of her death, that he or they will account for any balance of such proceeds remaining in his or their hands, to the person or persons who may be entitled thereto.

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

Commencement.

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Chap. 41.-An ACT concerning the navigation of Pig river.

(Passed January 3, 1804.) 1. Be it enacted by the general assembly, That so much of the Repealing clause. law which passed in the year one thousand seven hundred and ninety-six, for opening and improving the navigation of Pig river, from James Calloway’s iron works to the pond and dam of Robert Harvey on said river, shall be and the same is hereby repealed, any law to the contrary notwithstanding.

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

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