before he enters upon the duties of his office shall give bond with security before the county court of Berkeley, in such penalty as shall be directed by the said court, with condition for the faithful discharge of the trust reposed. in him, and that he will, when required by the said trustees, render a just and true account of all monies that may come to his hands by virtue of his said office: and it shall be lawful for the said trustees, or any five of them, from time to time, to obtain judgment for the amount or value thereof, by motion in any court of record, against the said treasurer and his securities, his or their executors or administrators, ten days preFive necessary to vious notice of such motion being given. Any five of the trustees of the said town shall in all cases be a sufficient number to form a board for the transaction of any business to be performed by them, except in those cases, where by this act a greater number shall be particularly required. In case of the death, removal to the distance amongst, how sup- of five miles from the said town, resignation, or any legal disability of any of the said trustees, the vacancy or vacancies thereby occasioned, shall be supplied by election of the remaining trustees, or a majority of them. form a board. Vacancies plied. May open subscriptions to raise 10,000 dollars. How to be applied. 2. And be it enacted, That it shall be lawful for the said trustees, or any five of them, to open subscriptions at such time or times as by them shall be appointed, of which notice shall be given for thirty days by advertisement in some newspaper printed in Winchester and Martinsburg, for raising a capital stock not exceeding ten thousand dollars in shares of twenty dollars each; and each person shall, upon subscribing, pay to the trustee or trustees receiving the subscription, five dollars upon each share so subscribed for, and the residue of the said twenty dollars payable upon each share, shall thereafter be called for by the said trustees or their agent, at such times and in such proportions as they shall find necessary, giving thirty days notice thereof by advertisement at the courthouse door of the county of Berkeley, of the sum required on such share and the time of making such payment; and if any subscriber, his executors, administrators or assigns, shall fail to pay the sum called for upon such share so held by him, her or them at the time appointed for such payment, the same may be recovered by warrant before a magistrate, where the sum called for shall not exceed twenty dollars, and where it shall exceed that sum, by motion in any court of record, giving the holder or holders of such share or shares ten days notice thereof. 3. The money so to be raised by subscription under this act, shall constitute a fund to be expended or applied by the said trustees in such manner for the improvement of the said town, as a majority of the trustees shall from time to time direct. 7 4. And in order to provide a fund for the relief of such poor persons as may hereafter resort to the said springs, and for the payment of the interest of the capital stock so to be expended in improving Trustees may im the said square, Be it further enacted, That the said trustees shall pose tax on per- have power to lay and collect a toll or tax, not exceeding two dolsons visiting the springs. lars in any one year, upon each person visiting the springs in the said public square, except such poor persons as the said trustees, or the managers by them to be appointed, shall think fit to exempt from the payment of such toll or tax. Commencement. 5. This act shall be in force from and after the first day of April next.. CHAP. 85.-An ACT allowing to the court of Monongalia county a further time for settling with the commissioners appointed for opening a road from Morgantown to Grave creek, and for other purposes. (Passed February 2, 1808.) lowed to settle 1. Be it enacted by the general assembly, That the commis- Further time alsioners who were appointed by an act passed the twenty-third day with commissionof December, seventeen hundred and ninety-five, entituled, "An ers. act to amend the act, entituled, ' An act appropriating certain public taxes to the opening a waggon road from the state road to the mouth of the Little Kanawha,'" and who 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; and also the commissioners who were appointed by an act passed the twenty-third day of December, seventeen hundred and ninety-five, entituled, "An act for repairing the waggon road from Savage river to Morgantown," shall be and are hereby allowed the further time of six months, from and after the passing of this act, to settle for the same with the court for the county of Monongalia, by exhibiting to the court a statement of their proceedings under the acts before recited, and of the balances, if any, remaining in their hands, which by the said acts were intended to have been appropriated as aforesaid; and the said court is hereby authorized, within the period herein mentioned, to receive the statement and settle with the said commissioners; and if the said commissioners shall fail to exhibit their accounts and settle with the aforesaid court within the period aforesaid, it shall be the duty of the attorney for the commonwealth for the said county, to cause ten days previous notice to be given to the said commissioners, or any one of them, that motion will be made to the said court, to render a judgment against them, or any one of them, for any balances that may be in his or their hands, and shall send out executions to cause the same to be made, which balances when made, if any, shall be applied by the court of Monongalia county to the improvement of said roads. 2. All acts and parts of acts coming within the purview of this Repealing clause. act, shall be and the same are hereby repealed. 3. This act shall commence and be in force from the passing Commencement. thereof.. CHAP. 86.-An ACT vesting in Reuben Crawford and Anne his wife, the right of the commonwealth to certain land therein mentioned. (Passed February 2, 1808.) right in certain and wife. 1. Be it enacted by the general assembly, That all the right, title Commonwealth's or interest which the commonwealth hath or may have in or to a land vested in certain tract or parcel of land, supposed to contain about seventy- Reuben Crawford eight acres, lying in the county of Prince William, whereon Reuben Crawford and Anne his wife now reside or lately resided, and which hath escheated to the commonwealth by the death of a certain Mr. Saunderson, shall be and is hereby vested in the said Reuben Crawford and Anne his wife. Saving however to all persons, bodies politic and corporate, (other Reservation. than the commonwealth,) any right, title or interest, which they might or would have had in or to the said land or any part thereof, if this act had not have been made. 2. This act shall be in force from the passing thereof. Commencement. Fines remitted to Commencement. Preamble. Superintendants of Appomattox company to draw on treasury. Commencement. Common council of Petersburg, how elected. CHAP. 87.-An ACT concerning Thomas Goodson. 1. Be it enacted by the general assembly, That the fines, amounting to thirty-six dollars sixty-four cents, imposed on Thomas Goodson by the general court, at the November term one thousand eight hundred and four, shall be, and the same are hereby, to all intents and purposes, fully remitted. 2. This act shall commence and be in force from and after the passing thereof. CHAP. 88.-An ACT concerning the Upper Appomattox company. (Passed February 2, 1808.) Whereas it is represented to the general assembly, that the funds of the Upper Appomattox company, for opening and extending the navigation of the river Appomattox, agreeably to an act, entituled, "An act to amend and reduce into one act the several acts for opening and extending the navigation of Appomattox river," have become so far exhausted as will probably produce a suspension of the works of the said company upon the canal leading from the upper end of the falls of the said river to the town of Petersburg: 1. Be it therefore enacted by the general assembly, That the superintendants of the said company may, and they are hereby authorized to draw upon the treasurer of the state for one fourth of the expenses which may be necessarily incurred in completing the said canal; and the auditor of public accounts shall issue his warrant for the same upon the treasury, which shall be paid out of any money therein: Provided, That the said draft or drafts shall not exceed the sum of four thousand dollars: And provided further, That the said superintendants, before any money is drawn from the treasury, shall give such security for refunding the same with interest to the state on or before the first day of November, one thousand eight hundred and nine, as the treasurer of the state shall approve. 2. This act shall commence and be in force from and after the passing thereof. CHAP. 89.-An ACT increasing the number of magistrates within the town of Petersburg. (Passed February 4, 1808.) 1. Be it enacted by the general assembly, That from the passing of this act, the freeholders of lots in the town of Petersburg, and the housekeepers and inhabitants therein, duly qualified by law to vote for members of the common council of the said town, shall annually, on the day and in the manner prescribed by law for electTheir duties, &c. ing such members, elect twenty-four persons, who shall, in the manner also prescribed by law, elect one person to act as mayor, another as recorder, and ten others as aldermen, and the remaining twelve of whom shall be a common council of the said town. The powers and duties of the mayor, recorder, aldermen and common council of the said town, shall remain unaltered by this act. Quarterly terms of hustings, when to 2. And be it further enacted, That from and after the next May be holden. term of the said court of hustings, a quarterly term of the said court of hustings shall be holden in the months of February, April, July and November, in every year. of the common 3. And be it further enacted, That the common hall of the said Powers and duties town shall in future be authorized to levy, assess and collect a sum hall. of money not exceeding one thousand dollars in any one year, for the purposes specified in the act passed on the tenth day of December, one thousand seven hundred and ninety-one, entituled, “An act concerning the corporation of the town of Petersburg," without the necessity of obtaining to such measure the consent of the freeholders and housekeepers of the said town, as by the said recited act is required. 4. This act shall be in force from the passing theroof. CHAP. 90.-An ACT appropriating the proceeds of the sale of the glebe lands Commencement. Whereas it hath been represented to the present general assem- Preamble. bly, that the glebe of the parish of Saint Peter, and the glebe of the parish of Blisland, lying in the county of New Kent, have been sold, according to law, by the overseers of the poor of the said county, and the freeholders and housekeepers of the said county have expressed their desire that the proceeds of the sale of the glebe of Saint Peter's, and so much of the proceeds of the glebe of Blisland parish, (which lies partly in the said county and partly in James City county,) as they might lawfully direct the appropriation of, might be vested in trustees for the purpose of purchasing a site, at their discretion, in the county of New Kent, and for the erection of a work house and poorhouse, and a schoolhouse or houses for the benefit of the county, and the education of poor children, and that the overseers of the poor of the said county of New Kent might be authorized to levy so much as might be necessary in aid of the produce of the said sales, (which is now in the hands of the sheriff of the said county,) to effect the purposes aforesaid, and to maintain and educate the poor: ed. duties. 1. Be it therefore enacted, That William Chamberlayne, John Trustees appointD. Watkins, Robert Christian, William H. Macon, Robert B. Armistead, John H. Christian, Archibald Christian, William Halyburton, Eldridge Roper, John Saunders, Avery Goddin, Richard Graves, Robert Boyd, Isaac Vaiden and Thomas Ratcliffe be, and they are hereby appointed trustees, who shall have full power and Their powers and authority to call on the said sheriff and receive the amount of the sales of the said glebes; and after paying to the overseers of the poor of the county of James City the sum of five hundred and seventy-two dollars, they, or a majority of them, shall and may lawfully lay out and expend the residue of the said sales in purchasing of a proper site of suitable extent, at their discretion, and erecting thereon a workhouse and poorhouse for the poor of the said county of New Kent, and a schoolhouse or houses, in which poor children of the said county may be educated. The surplus of the sales aforesaid, if any, the said trustees, or a majority of them, shall lay out, so as to produce an annual interest or profit, at their discretion, which shall be applied towards the support of the poor and the education of poor children in the school aforesaid. Further powers of the trustees. To settle accounts annually. Money for maintenance, how to be raised. Vacancies how supplied. 2. The trustees, or a majority of them, shall have full power, and they are hereby authorized to appoint a steward or stewards, nurse or nurses, school-master or school-masters, at their discretion; they may and shall have power to superintend and control the said institutions, and every person therein or by them employed, and to make all rules, laws or regulations necessary and proper for the government thereof, so that they be not contrary to the laws of the land. They shall provide for the poor placed in the institution, and cause to be educated the poor children, and make any allowances which they may think reasonable to any person by them employed or appointed. 3. And be it further enacted, That the said trustees, or a majority of them, shall annually settle their accounts, and render them to the overseers of the poor of the said county of New Kent, and should their accounts be disallowed by the said overseers of the poor, they shall be laid before the court of the county of New Kent, who may disallow the said accounts so far as they may be considered unreasonable, or may not be supported by proper vouchers, and the judgment of the court shall be final and obligatory on the overseers of the poor and the trustees. The sums necessary for the maintenance of the poor in the workhouse and poorhouse for the education of the poor children, and for the salaries of the steward or stewards, nurse or nurses, schoolmaster or school-masters, after the application of the interest arising from the surplus of the sale of the said glebes, if any, shall be annually raised by the overseers of the poor of the said county, and paid to the said trustees by the sheriff of the said county, against whom they shall and may recover the same by motion on ten days notice, if he shall fail to pay the same by the time he is now or may be bound hereafter to pay and account for the poor rates. That the said board of trustees may remain full at all times, 4. Be it further enacted, That when any one of the trustees amongst trustees aforesaid, or any other that may hereafter be chosen, shall die, or remove out of the county of New Kent, the citizens of the said county qualified to vote for members of the general assembly, shall at the next election of delegates after such vacancy or vacancies shall occur, elect a trustee or trustees to supply such vacancy or vacancies, and the sheriff or his deputy, as the case may be, shall conduct the election and open a poll for the person or persons voted for, and declare at the close of the election of delegates who shall Trustees incorpo- be elected to supply the vacancy or vacancies. The said trustees and their successors are hereby incorporated by the name of "The Trustees of the New Kent Charity School;" and by that name may sue and be sued, and shall and may be capable of accepting, having and taking, for the benefit and use of the said school or schools, any lands, goods or chattels which may be to them given, devised or bequeathed, to be applied according to the terms of the gift, devise or bequest. rated. To pay certain sum to overseers of the poor of James City. 5. Be it further enacted, That the sum of five hundred and seventy-two dollars, being the just proportion of the sale of Blisland glebe, which the freeholders and housekeepers in that part of Blisland parish, lying in the county of James City, have a right to direct the appropriation of, the said trustees shall pay to the overseers of the poor for the said county, and shall be by them applied in any |
