serve for three years unless they shall be sooner discharged by law. The pay per month of the officers and men, shall be as follows: to the captain forty dollars; to the lieutenant thirty dollars; to the ensign twenty-six dollars; to the serjeants each eight dollars; to the corporals each seven dollars; to the musicians each seven dollars; and to the privates each six dollars. And the commissioned officers, non-commissioned officers and privates shall receive the same rations, and the non-commissioned officers, musicians and privates, the same clothing as are allowed by the laws of congress to infantry in the service of the United States.

3. The officers and soldiers of the said company shall be subject to the same rules and regulations, and to the same punishment for offences as the troops of the United States are subject to by the laws thereof, except that the punishment of death shall not be inflicted on any offender under the authority given by this act.

4. The three commissioned officers of the said company shall be sufficient to hold a court martial for the trial of any of the noncommissioned officers, musicians or privates; and in case of the death, absence or disability of either of the said commissioned officers to attend the court martial for the trial of any non-commissioned officer, musician or private, it shall be lawful for the commanding officer of the thirty-third regiment, cr the commanding officer of the nineteenth regiment of the militia, on application to them made by the officer commanding the guard, to summon any commissioned officer or officers of the militia of their regiments to supply the vacancy; but of every such court, one at least of the commissioned officers of the said guard shall be a member for the trial of any of the commissioned officers of the said guard; a court martial shall consist of thirteen members, six of whom shall be of the rank of captains, and shall be composed of one or both of the other commissioned officers of the guard, and as many militia officers, to be summoned out of the regiments aforesaid by order of the governor, as will make a court martial.

5. The governor, with the advice of council, shall contract for clothing and rations for the guard, and shall cause them to be stationed at such place or places as he may deem expedient; and in all cases they shall be under his control.

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

CHAP. 87.-An ACT to amend the act, intituled, "An act to incorporate a company in the borough of Norfolk for marine insurances and other purposes."

[Passed January 24, 1804.]

Whereas doubts exist whether under the sixth section of the act, intituled, "An act to incorporate a company in the borough of Norfolk for marine insurances and other purposes," the directors of the said marine insurance company are authorized to vest the funds of the said company as they shall arise in any other mode than in the stocks of banks or other public institutions and funds; and whereas it is represented to this general assembly, that the said directors are unable to make advantageous investments of the funds of the said company as they have arisen in such stocks, in consequence whereof much of the capital remains still unemployed which might be advantageously used: Therefore,

rectors may lend out their money.

with indorsers.

1. Be it enacted by the general assembly, That the president and President and didirectors of the marine insurance company of Norfolk, for the time being, or any committee of the said directors duly appointed and acting as such, shall have power and authority to lend to any person or persons, body politic or corporate, they shall think proper, the whole or any part of the funds of the said company which may at any time be on hand, and they in their discretion shall think proper so to invest: Provided however, That for all sums so lent, the Notes to be taken president and directors, or the committee as aforesaid, shall take the notes of the borrower or borrowers, with one or more good and sufficient indorsers for the repayment of the same, payable to the president of the said company for the time being, or his successors: Provided also, That the said sums so to be disposed of, shall not Not to be lent lonbe lent for a longer period than sixty days, at the expiration of ger than 60 days, which the note may again be renewed, if the president and direc- cent. per annum. tors, or the committee aforesaid, see proper so to do: And provided also, That the discount taken shall not exceed the rate of six per centum per annum upon all sums so lent.

nor exceed 6 per

2. And be it further enacted, That the said notes so to be taken Such notes shall be assignable. shall be assignable by the president, under the direction of the board of directors or their committee aforesaid, in the same manner as other promissory notes are assigned.

by the company in

3. And be it further enacted, That in all actions of debt here- Pleas to be made after to be commenced against the said marine insurance company action of debt. of Norfolk, upon any policy of insurance under the common seal of the said company, it shall be lawful for the said company to plead generally that they owe nothing to the plaintiff in such action; and in actions of covenant upon such policy, to plead generally that they have not broken the covenant or covenants in such policy contained; and if issue be joined thereupon, it shall be lawful for the jury, if they see cause, to find a verdict for the plaintiff, and to give such part only of the sum demanded, if in debt, or so much damages, if in covenant, as shall appear to them upon the evidence such plaintiff ought in justice to have.

CHAP. 88.-An ACT to amend and explain an act, intituled, "An act prescribing the mode of ascertaining the taxable property within this commonwealth."

(Passed January 31, 1804.)

missioners of the

an assistant.

1. Be it enacted by the general assembly, That it shall not be Pay of the comlawful for any county or corporation court to certify in favour of any revenue. commissioner of the revenue a greater number than eighty-two days for his services as commissioner, nor shall the auditor of public accounts grant a warrant to any commissioner for a greater sum than eighty-two dollars for his services as commissioner. If at any time They may employ the said commissioner shall be unable from sickness or other just cause to perform the services required of him as commissioner of the revenue, he may, and is hereby permitted and allowed, to employ some fit and proper person to assist him, who shall take an oath before the county or corporation court, faithfully to discharge the duties of the office, and for whose good conduct the principal shall moreover be liable.

2. And be it further enacted, That it shall be the duty of every How they shall person when called upon by a commissioner of the revenue for his acquire lists of or her list of taxable property, to deliver to the said commissioner,

taxable property.

When clerks shall deliver their lists of alienations.

Commissioners

on oath or affirmation, a true account of all lands by him or her held by patent or conveyance, which have not been already entered on the books of the commissioner, subject to taxation; and the commissioner shall enter the same on his land book, at the rate the same has been heretofore valued; and if the said land has never been valued, then he shall proceed to value the same as prescribed by the act, entituled, "An act for equalizing the land tax within this com

monwealth."

3. And be it further enacted, That the clerks of the several county and corporation courts shall deliver to the said commissioners their lists of alienations, on or before the tenth day of March annually, instead of the time heretofore appointed by law, and shall include therein all conveyances which are partly, although not fully proved. The fee of a commissioner for making a transfer in consequence of any alienation, shall hereafter be eighty-three cents, instead of the fee now allowed by law, to be charged to the person only to whom the transfer is made.

4. Be it further enacted, That no commissioner of the revenue not eligible to act shall hereafter be appointed, or act as collector of any public tax, county or corporation levy, or poor rate.

as collectors,

Their power to rectify orrors.

On good evidence they may list all

5. And be it further enacted, That it shall be lawful for any commissioner of the revenue, where he shall discover, on proper evidence, any error or mistake in the quantity or valuation of any lands, or where the same is charged more than once in the books for the preceding year, to rectify the same in the list made out by him, so as to make the same correspond with the true quantity and valuation, and as shall appear to him just.

6. And be it further enacted, That where it shall come to the property omitted. knowledge of any commissioner, by any evidence, which, in his opinion can be relied on, that any grant has issued, or title vested in any person to any land within his county, it shall be lawful for him to value and list the same, as in other cases directed by law, although he shall not have received a list from the register or clerk of the emanation of such patent, or recording such title.

Commencement.

Slaves to be registered in certain cases.

Penalty for neglect.

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

CHAP. 89.-An ACT directing the registering the names, ages and sexes of slaves in certain cases.

(Passed January 24, 1804.)

1. Be it enacted by the general assembly, That in all cases where any slave or slaves shall be allotted to any widow for her dower, or shall be devised to her for life in lieu thereof, or shall be held by any person for his or her life only, or the life of any other person or persons, every such person entitled to such life estate, or his or her guardian, if he or she be an infant, shall, within sixty days after coming to the possession of any such slave or slaves, cause to be lodged with the clerk of the court of that county wherein he or she resides, a list containing the names of all such slaves, describing their ages and sexes, under the penalty of fifty dollars for each slave; that such clerk shall record the said list in a well bound book to be kept for that purpose, for which he shall receive from the person furnishing any such list a fee of one dollar; that the increase of all such slaves shall, within the like time from their births, in like manner, be registered with the said clerk, under the like pe

nalty, and for a farther fee in each case of twenty-five cents; that in case of the intermarriage of any such widow, her husband shall from that time perform all the duties required of her by this act, under the like penalties.

shall be applied.

2. That all the penalties incurred by this act shall go and accrue How the penalty to any party aggrieved, to be recovered with costs by action of debt, bill, plaint, or otherwise, in any court of record.

3. This act shall commence and be in force from and after the Commencement. first day of June next.

CHAP. 90.-An ACT to amend an act, intituled, " An act to amend an act, intituled, 'An act to appropriate a certain tax to the opening and compleating a waggon road through the counties of Russell and Lee, and for other pur

poses.

(Passed January 21, 1804.)

Whereas it has been represented to this present general assembly Preamble. that the act, entituled, "An act to amend an act, entituled, An act to appropriate a certain tax to the opening and compleating a waggon road through the counties of Russell and Lee, and for other purposes, "" has not been carried into effect:

1. Be it therefore enacted by the general assembly, That the Collectors to be counties of Lee and Tazewell shall at or before their June session appointed. next, appoint collectors who shall perform the duties directed by the said act, and in case of failure it shall and may be lawful for the governor, with the advice of council, to commission some fit person or persons for that purpose on the recommendation of the court of Russell county.

2. And whereas it was required by the said act that the court of the county of Russell should make report to the executive of the proceedings of the superintendant appointed by virtue of said act, in order that the same might be laid before the present general assembly:

court to make re

3. Be it further enacted, That time shall be, and is hereby al- Time allowed the lowed to the court aforesaid to make their report, until the meeting port. of the general assembly in the year one thousand eight hundred

and five.

4. All acts and parts of acts coming within the purview of this Repealing clause. act, shall be, and is hereby repealed.

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

CHAP. 91.-An ACT allowing a pension to Benjamin Smithey.

(Passed January 26, 1804.)

1. Be it enacted by the general assembly, That the auditor of Pension allowed. public accounts is hereby authorized and required to issue a warrant annually on the public treasury for sixty dollars, to be paid to Benjamin Smithey for his life, for services rendered the state during the revolutionary war, as a soldier.

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

Preamble.

Trustees appointed.

ceive subscrip

tions.

CHAP. 92. An ACT for opening and improving the navigation of Hardware river, from the fork thereof to its junction with James river.

(Passed January 18, 1804.)

Whereas it is represented to this present general assembly, that the clearing, improving and extending the navigation of Hardware river, from the fork of the said river to its junction with James river, will be of public utility, and that many persons are willing to subscribe considerable sums for carrying the same into effect:

1. Be it therefore enacted, That John Coles, senior, John Harris, Robert Carter, John Coles, junior, Christopher Hudson, Charles Wingfield, Pleasant Dawson, Joseph Wingfield, James Old and Edward Garland, be, and they are hereby constituted and appointed trustees, for clearing, improving and extending the navigation of the said river, from the fork thereof to its junction with James river, so as to have a sufficient depth and width of water to navigate boats Authorized to re- or batteaux capable of carrying ten hogsheads of tobacco; and they are hereby authorized to take and receive subscriptions for that purpose; and if any person or persons shall neglect or refuse to pay the several sums of money by them respectively subscribed, for the purposes of this act, it shall be lawful for the said trustees to recover the same in the name of the trustees aforesaid, by warrant, before a single magistrate, where the sum subscribed shall not exceed ten dollars, and where it shall exceed that sum, by motion in the court of the county where the subscriber, or his executor or administrator may reside, on giving the party, his executor or adminis trator, so neglecting or refusing, ten days previous notice of such motion. The said trustees, or a majority of them, shall have power to contract and agree with any person or persons, for clearing and improving the navigation of the river aforesaid, in such manner as to them shall seem most proper, and to remove all obstructions which shall in any wise injure the said navigation.

To contract with persons for clear

ing the river.

Treasurer appointed.

How a mill on said river, in Fluvanna,

2. And be it further enacted, That the said trustees, or a majority of them, as often as they may think necessary, shall nominate and appoint one or more of their number, willing to undertake the same, to be receiver or receivers of all monies subscribed by virtue of this act, and the said receiver or receivers shall be accountable for all sums of money that may come into the hands of the said receiver or receivers, for the purposes of this act, and shall pay the same to such person or persons as the said trustees, or a majority of them, shall direct.

3. And whereas it has been represented, that a mill has been erected on that part of the said river, which runs through the county of Fluvanna, which is valuable to the owner, and convenient to the neighbourhood; but the profits thereof are not sufficient to justify the expence of erecting or keeping in repair, locks, for the passage of boats or batteaux, and as it is believed to be improper to sacrifice the right of private property to the public convenience, without making a just compensation therefor:

Be it therefore enacted, That it shall and may be lawful for the shall be purchased. said trustees, or a majority of them, to contract with the owner of the said mill for the purchase thereof; and in case of disagreement, on application to any two justices of the county of Fluvanna, the justices shall issue their warrant under their hands to the sheriff of the said county, to summon a jury of twenty-four inhabitants of the said county, not related to the parties, nor in any manner interested,