Vacancies among, how supplied. Commencement. Preamble. Further time allowed the company. Mode of componsation. Additional commissioners ap pointed. Time of annual the court of the county, where the delinquent subscriber resides, ten days previous notice of such motion being given. 3. In case of the removal, death, resignation, refusal or other legal disability to act, of any of the said trustees, or of any others who may hereafter be appointed, the vacancy thereby occasioned shall be supplied by the remaining trustees, or a majority of them. 4. This act shall be in force from the passing thereof. CHAP. 53.-An ACT to continue and amend an act concerning the James river company. [Passed January 7, 1808.] Whereas it hath been represented that the commissioners appointed by the act, entituled, "An act concerning the James river company," passed the thirtieth day of January, one thousand eight hundred and five, have not performed the duties prescribed by the said act, and it is just and reasonable that a further time should be allowed: 1. Be it therefore enacted, That the further time of twelve months from the passage hereof be allowed the James river company, and the commissioners appointed by the above recited act, or a majority of them, to comply with the provisions thereof; and in the mean time, the James river company shall be permitted to collect the full tolls allowed by the act, "For clearing and improving the navigation of James river," any thing in the first mentioned, or any other act, to the contrary notwithstanding. And whereas it appears that some of the commissioners appointed by virtue of the above recited act have met to carry the same into effect, but have been prevented by circumstances which they could not control: 2. Be it therefore enacted, That every such commissioner shall receive such compensation as is provided by the said act for the time he shall have been employed as aforesaid, to be paid on application to the auditor of public accounts, who shall grant a warrant or warrants, to be paid out of any money in the treasury. And in case it shall appear from the report of the said commissioners, to be made in pursuance of the provisions of the said act, that the navigation of James river is not as required by law, then the amount so disbursed, shall be refunded by the James river company. 3. And be it further enacted, That Daniel Couch and Charles Davis be added to the commissioners appointed by virtue of the said act; and that a majority of the whole number shall have power to proceed to carry the same into effect. 4. And be it further enacted, That the annual meeting of the meeting changed said James river company shall in future be on the first Monday in January in each and every year, any law to the contrary notwithstanding. Commencement. 5. This act shall commence and be in force from and after the passing thereof. CHAP. 54.—An ACT establishing a turnpike over the South mountain on Rock fish gap. (Passed January 7, 1808.) 1. Be it enacted by the general assembly, That Andrew Ander- Commissioners son, Robert Porterfield, William Patrick, Andrew Fulton, Alexander appointed. Hall, John Coalter and Jacob Kinney, gentlemen, are appointed commissioners, who, or a majority of them, are hereby authorized Their powers. and empowered to contract and agree with some person or persons for repairing and improving the road, from the first branch that crosses the road leading from the South river in the county of Augusta, towards Rockfish gap, to the forks of the road called Woods's road in the county of Albemarle; and the contract so to be made, shall be in writing, signed by the undertaker or undertakers, and the commissioners, or a majority of them, and attested by two or more witnesses, and proved and recorded in the court of Augusta county; and the commissioners shall moreover take bond with suf- Duties, &c. ficient security from the said undertaker or undertakers, payable to themselves and their successors, in the penalty of four thousand dollars, with a condition reciting the contract, and that the said undertaker or undertakers, his or their assigns, shall and will truly and faithfully perform the same within two years from the date thereof; which bond shall also be recorded in the court of the said county of Augusta, and may be prosecuted from time to time, in case of forfeiture, until the whole penalty shall be recovered in damages. 2. In consideration of the great expense which the said underta- Undertaker after ker or undertakers will be put to in repairing and keeping the said road in repair, it shall and may be lawful for him or them, his or their assigns, after putting the said road into complete repair, and the same being viewed and approved by the said commissioners, or a majority of them, to fix and establish a turnpike thereon at such place as he or they shall judge most convenient, and to demand and receive the following tolls and rates for passing the same, that is to say: For every coach, chariot or waggon, the driver and horses, Rates of toll. twenty-five cents; for every four wheeled chaise or phaton, and horses, twenty-five cents; for every riding chair or cart, and horse, twelve and one half cents; for every man and horse six and one quarter cents; for every head of black cattle one cent; for every head of sheep or hogs one half of one cent: Provided always, That Proviso. it shall not be lawful to demand toll of any person going to or returning from mill, or of any foot passenger. the road is completely repaired, to establish a turnpike. examine road from time to time. commissioners pike. 3. The said commissioners, or a majority of them, are hereby Commissioners to empowered and required, from time to time, as they shall think necessary and proper, to view and examine the said road, after the same shall have been completed and finished according to contract; and if they shall find the same out of sufficient repair, and shall re- Road being out of main so out of repair for one month, that then the said commis- repair one month, sioners, or a majority of them, may lawfully destroy the said turn- may destroy turnpike, or cause the same to be done, and the right of the said undertaker or undertakers, his or their assigns, to demand and receive any tolls or rates, shall thenceforth cease: Provided, That if the Proviso. said undertaker or undertakers, his or their heirs or assigns, shall, within six months thereafter, put the said road in good and sufficient repair, to be viewed and approved by the said commissioners, or a majority of them, and continue the same in such good repair for Commencement. Preamble. Time allowed. Commencement. Fine remitted to two months ensuing, it shall then be lawful for the said undertaker or undertakers, his or their heirs or assigns, to re-establish the said turnpike, and continue the same in like manner as if it had never been destroyed. If the said undertaker or undertakers, his or their assigns, shall demand and receive any greater tolls or rates than are hereby allowed, he or they shall forfeit and pay the tolls demanded and received, and five dollars, for every such offence, recoverable by war rant. All sums of money recovered of the said undertaker or undertakers, his or their security or securities, or his or their executors or administrators, shall be applied by the said commissioners, or a majority of them, towards repairing the main roads adjoining said turnpike, and leading to Staunton and Greensville, in such places, and in such manner, as to them shall seem best. If the said undertaker or undertakers, or his or their assigns, shall repair, and constantly keep the said road in repair, according to contract, he or they shall and may demand and receive the said tolls or rates, for and during the term of twenty years, to be computed from the time the said road shall have been received by the said commissioners, and no longer. In case of the death, removal, refusal to act, or resignation of a commissioner, such vacancy, so often as it happens, shall be supplied by appointments, to be made by the court of the said county of Augusta, and the persons so appointed shall have the same power as if they had been particularly named in this act. 4. This act shall commence and be in force from and after the passing thereof. CHAP. 55.-An ACT concerning Nathaniel Fox and Leonard Hill. (Passed January 8, 1808.) Whereas it appears to the general assembly that a judgment was obtained on the eleventh day of June, one thousand eight hundred and four, in the general court of this state, against Nathaniel Fox and Leonard Hill, as securities of James Primm, late sheriff of the county of Stafford, for a balance of the revenue tax of the said county for the year eighteen hundred, which had been paid to the coroner of the aforesaid county of Stafford, after the return day of an execution, which he held against the said Primm for the same: 1. Be it therefore enacted by the general assembly, That the time of two years be allowed the said Nathaniel Fox and Leonard Hill, to discharge the amount of the aforesaid judgment. 2. This act shall commence and be in force from and after the passing thereof. CHAP. 56.-An ACT concerning John H. Allen. (Passed January 8, 1808.) 1. Be it enacted by the general assembly, That the fine of thirty dollars, imposed by the district court of Williamsburg on John H. Allen, shall be, and the same is, to all intents and purposes, fully remitted; and the auditor of public accounts is hereby authorized and required to issue a warrant on the treasury for the same, to be paid out of any monies therein. 2. This act shall commence and be in force from the passing Commencement. thereof. CHAP. 57.-An ACT concerning David Craig. (Passed January 8, 1808.) Craig. 1. Be it enacted by the general assembly, That the auditor of Auditor to grant public accounts is hereby authorized and required to issue to David warrant to David Craig a warrant on the public treasury for sixty dollars, to indemnify him for the loss of his horse whilst in the service of this commonwealth, to be paid out of any monies therein. 2. This act shall be in force from the passing thereof. CHAP. 58.-An ACT concerning Edward Jackson. [Passed January 9, 1808.] Commencement. warrant to Ed. 1. Be it enacted by the general assembly, That the auditor of Auditor to grant public accounts is hereby authorized and required to issue a war- ward Jackson. rant or warrants on the public treasury to Edward Jackson, for the sum of two hundred and twenty-six dollars, as compensation for opening a road from the Mason county line to George Connelly's on Poke creek, to be paid out of any monies therein. 2. This act shall commence and be in force from and after the Commencement. passing thereof. CHAP. 58.*-An ACT authorizing Edmund Tate to erect a toll-bridge across Blackwater creek. [Passed January 8, 1808.] thorized to erect a 1. Be it enacted by the general assembly, That it shall be lawful Edmund Tate aufor Edmund Tate, of the county of Campbell, to erect a bridge toll bridge over across Blackwater creek, and to demand the following tolls for Blackwater creek. passing the same, that is to say: For a man four cents, and for an Rates of toll. horse the same; for every four wheeled riding carriage or waggon, six and one quarter cents per wheel; for every two wheeled riding carriage or cart, four cents per wheel; for every hogshead of tobacco, four cents; for every head of neat cattle, one cent; for every five head of sheep or hogs, one cent, and no more. tor for misbeha. If the collector of the tolls at the said bridge shall demand and Penalty on collecreceive greater tolls or rates than are hereby allowed, he shall for- viour. feit and pay to the party grieved, the tolls demanded and received, and five dollars, recoverable by warrant before any justice of the peace of the county of Campbell. ford. 2. And be it further enacted, That it shall not be lawful for the Not to obstruct the said Edmund Tate, or any other person, to fence in or stop up the ford now used in crossing the said Blackwater creek, near the place where the said Edmund Tate is authorized to erect a tollbridge. 3. This act shall commence and be in force from and after the Commencement. passing thereof. *So in sessions acts. Charles Bosher divorced from his wife. Commencement. Judgment against P. Briscoe and others, remitted. Commencement. Auditor to grant Leet. CHAP. 59.-An ACT divorcing Charles Bosher from his wife Susanna. (Passed January 9, 1808.) 1. Be it enacted by the general assembly, That a marriage solemnized between Charles Bosher and a certain Susanna Wingoe, shall be, and hereby is dissolved, and the said Charles Bosher forever divorced from the said Susanna; that the power of the said Charles over the person and property of the said Susanna, shall entirely cease, and that the said Charles shall no longer be bound by any promise or contract which may hereafter be made or entered into by the said Susanna. 2. This act shall be in force from the passing thereof. CHAP. 60.-An ACT concerning Philip Briscoe, John Horner, and John Horner, junior. (Passed January 9, 1808.) 1. Be it enacted by the general assembly, That the judgment obtained in the last district court of Winchester, against Philip Briscoe, John Horner, and John Horner, junior, upon their recognizance, for the delivery of William Horner, before the said court, shall be, and the same is hereby to all intents and purposes, fully remitted. 2. This act shall commence and be in force from and after the passing thereof. CHAP. 61.-An ACT allowing three years interest on a military warrant to (Passed January 12, 1808.) 1. Be it enacted by the general assembly, That the auditor of warrant to Daniel public accounts is hereby authorized and required to issue his warrant to Daniel Leet, for three years interest on six hundred and seventy-three dollars and twenty-five cents, the amount of his military certificate. Commencement. Auditor to issue Commencement. 2. This act shall commence and be in force from and after the passing thereof. CHAP. 62.-An ACT granting to George Douglass and Judy Douglass the duplicate of a certificate. (Passed January 13, 1808.) 1. Be it enacted by the general assembly, That the auditor of public accounts is hereby authorized and required to issue to George Douglass and Judy Douglass, a duplicate of a certificate for ninetyone dollars and fifty-six cents, with interest from the twenty-fifth day of June, one thousand eight hundred and two, which was originally issued in the name of Margaret Douglass, on their giving bond and security to indemnify the commonwealth against any damage that may accrue from the issuing such duplicate. 2. This act shall commence and be in force from and after the passing thereof. |
