to meet at the mill to be valued on a day to be expressed in the warrant, not less than ten nor more than twenty-four days thereafter; and the sheriff, upon receiving the said warrant, shall forthwith summon the said jury, and when met, provided that not less than twelve do appear, shall administer an oath or affirmation to every juryman that shall appear, "that he will faithfully, justly and impartially value the said mill, according to the best of his skill and judgment;" and the inquisition thereupon taken, shall be signed by the sheriff, and some twelve or more of the jury, and returned by the sheriff to the clerk of his county, to be by him, recorded, and the said valuation shall be conclusive on all persons, and shall be paid by the said trustees to the owner of the mill, his, her or their legal representatives, and on payment thereof the said trustees shall have power to pull down and remove the said mill-dam, for the purpose of removing all obstructions to the navigation of the said river: Provided, That if the said trustees shall not purchase the said mill, nor proceed to have it valued as above mentioned, before the first day of May, eighteen hundred and seven, it shall not be lawful for them to remove the said mill-dam thereafter, except with the consent of the owner thereof.

4. And whereas, it may be found necessary in some parts of the said river, to straighten the same, or pass around obstructions, by cutting away banks, or by canals:

Be it enacted, That it shall and may be lawful for the said trus- How land for canals may be obtees, or a majority of them, to agree with the owners of any land tained. through which the said canals are intended to pass, for the purchase thereof; and in case of disagreement, or in case the owner thereof shall be a feme covert, under age, non compos, or out of the state, the like proceedings shall be had to estimate the value thereof by a jury, as are directed and prescribed in the foregoing part of this act, with respect to the mill erected on the said river in the county of Fluvanna; and such valuation shall be paid by the said trustees, to the owner of the land, his, her or their legal representative, and on payment thereof, the said land shall be vested in the said trustees and their successors, in fee, for the purposes of this act.

gation.

5. If any person shall fell a tree into the said river, and shall not Penalty for obremove the same within forty-eight hours, or shall erect any dam, structing the navihedge or other stoppage, whereby the navigation of the said river shall be impeded, it shall be deemed a nuisance, and every free mạn of full age so offending, or the parent, master or owner of every child, apprentice, servant or slave so offending, shall forfeit and pay five dollars for every such offence, to be recovered by the said trustees, by warrant before a single magistrate. All penalties recovered by virtue of this act, shall be applied by the said trustees, towards improving and keeping open the navigation of the said river.

trustees shall be supplied.

6. In case of the death, resignation, removal or disability of any How vacancies in of the said trustees, it shall be lawful for the remaining trustees to supply the vacancy.

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

Commencement.

Preamble.

Rents for warehouses.

Owners of ware

fied from being in

sioner thereof.

CHAP. 93. An ACT to amend an act reducing into one the several acts for the inspection of tobacco.

(Passed January 30, 1804.)

Whereas it is represented to this general assembly, from the enlarged size of tobacco hogsheads, and from other causes, the rates of rent hitherto allowed and paid to the proprietors of brick and stone warehouses, as well as of wooden warehouses, do not sufficiently compensate the said proprietors for the use of the same: For remedy thereof,

1. Be it hereby enacted, That the rents of the several warehouses which are now established, shall be, and the same are hereby fixed at the following rates: all warehouses built with brick or stone, and covered with tiles or slate, shall be allowed and paid a rent, for the use of the same, of fifty cents for every hogshead of tobacco, which hereafter shall be received, inspected or delivered out of such warehouses respectively; and all warehouses built with wood, shall be allowed and paid the same rent, thirty-seven cents and one half of a cent whereof, shall be paid by the inspectors to the proprietors of the said warehouses, and the balance thereof shall be paid into the public treasury of Virginia, in like manner with other sums, which are collected by them and paid into the said treasury, in pursuance of the act of assembly, reducing into one the several acts for the inspection of tobacco.

2. And be it further enacted, That no proprietor of a warehouse houses disquali- shall hereafter be appointed an inspector or commissioner thereof; spector or commis- and all inspectors or commissioners, who shall hereafter become proprietors of any public warehouses, shall hereby be disqualified from holding the said office of inspector or commissioner, and every person or persons, who, after such disqualification, shall presume to perform the duties of the said offices, shall forfeit and pay the sum of five hundred dollars, to be recovered by action of debt or information, before any court of record within this commonwealth, one half whereof shall be to the use of the informer, the other half to the use of the commonwealth.

Salaries for in

places.

3. Be it further enacted, That the salaries of the inspectors at Specters at certain the following warehouses, shall be as follows: at Nicholas's warehouse, two hundred and fifty dollars; at Rivanna, two hundred and fifty dollars; at Swann's creek, two hundred dollars; at Cannon's, two hundred and fifty dollars; at Horseley's, two hundred and twenty dollars; at Martin's, two hundred and eighty dollars; at Amherst, two hundred and ten dollars; at Tye river, two hundred dollars; at Wicomico warehouse, one hundred and thirty-three dollars thirty-three cents; and at Campden warehouse, one hundred and fifty dollars.

creased.

Inspection tax in- 4. Be it further enacted, That in addition to the sum of one dollar heretofore directed to be paid to, and received by the inspectors, at the different public warehouses, in pursuance of the twentyfirst section of the above recited act, there shall be paid by the exporter or manufacturer of tobacco, to the inspectors, the further sum of twenty-five cents.

Refused tobacco

5. Be it further enacted, That when any tobacco shall be how disposed of brought to a public warehouse, which, in the estimation of the inspectors thereof, ought not to pass, the owner of such refused tobacco, shall have his choice, either to pick, or to have the same picked, according to the regulations of the present law; or he may

direct the inspectors to receive the same within their warehouse for safe custody, until the commencement of the next ensuing inspection; and the inspectors are hereby bound, upon the verbal or written directions of the said proprietor, to receive such tobacco, being previously paid fifty cents for each hogshead; which shall be appropriated to the payment of warehouse rents, and the said tobacco safe to keep in their custody until the commencement of the ensuing inspection, unless previously required by the proprietor to reinspect the same; if the tobacco thus laid by, shall not have been reinspected at the request of the proprietor, it shall then be lawful for the inspectors, and they are hereby directed, if practicable, within ten days after the commencement of the succeeding inspection, to uncase and reinspect the same, and if, in their opinion, it shall be found merchantable and clear of trash, they shall grant receipts or notes for the same, in manner and form heretofore prescribed by law; but if refused, it shall be immediately picked, as is by law directed: Provided always, That this section shall not be so construed as to compel the public to pay to the proprietor of the said tobacco, the value of the same, should it be burnt or otherwise de. stroyed, previous to its being reinspected.

shall settle their accounts for rents.

6. Be it further enacted, That the inspectors of all warehouses When inspectors shall settle with, and pay the rents due thereon, to the proprietors thereof, on the tenth day of April, and the tenth day of October in each year, under the penalty of one thousand dollars for every failure, to be recovered by the proprietors, on motion to the next succeeding court, to be holden for the county or corporation, ten days previous notice being given.

sell their transfer

7. And be it further enacted, That the inspectors at the several When they shall warehouses in this commonwealth, shall hereafter sell their trans- tobacco. fer tobacco at October court.

8. All acts or parts of acts which come within the purview of Repealing clause. this act, shall be, and the same are hereby repealed.

for failing to burn refused tobacco.

9. And be it further enacted, That if any inspector or inspec- Inspectors fined tors, shall fail to have all refused tobacco actually burnt, according to law, he or they for every such omission, shall forfeit and pay the sum of one hundred dollars, to be recovered by motion in any court of record within this commonwealth, one half to the use of the commonwealth, and the other half to the informer.

&c.

10. And be it enacted, That when any inspected tobacco shall Ducked tobacco to get ducked in transportation down any river or canal, the same shall be reinspected, be carried to some warehouse, there to be reinspected, hung up, and dried and reprized in good order under the direction of the inspectors, or of the superintendant of the public warehouse, and when so reprized, the inspectors or superintendant, as the case may be, shall reweigh the same, and mark the true weight upon each cask, for which service, and finding nails, the owner shall pay six dollars for each hogshead.

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

Preamble.

Commissioners to

road to pass.

executive.

CHAP. 94.-An ACT to amend the act, intituled, " An act providing for the opening a road from the upper navigation of James river, to the upper navigation of Kanawha river.'

(Passed January 17, 1804.)

Whereas it is represented to the present general assembly, that considerable expense and labour would be saved and the distance much shortened by changing the route directed for a road between the head navigation of James and Kanawha rivers, by the act of the last session,

1. Be it therefore enacted by the general assembly, That Samuel view a way for the Vance, James P. Preston and Charles Beale, or any two of them, be appointed commissioners to view the following way, to wit: from the plantation of Hugh Balentine in the county of Greenbrier, or as near thereto as possible, the most direct and convenient route to the top of Sewell mountain, at the plantation of John Patteson, thence to the mouth of Mann's creek crossing New river, and from thence the most direct and convenient route to the head of navigaAnd report to the gation, about one mile below the great falls of said river, who shall thereupon make their report to the executive; and if it shall be the opinion of the said commissioners, that the said route is shorter, and as good or better than the former, and will admit of a road at less expence, it shall immediately be the duty of the superintendant appointed by virtue of the act herein before mentioned, to mark and lay off accordingly the direction of the said road, and to apportion the same into convenient precincts, and to contract for the opening of the same with such persons and on such terms as he may conceive will best promote the public interest, having a due regard to economy: Provided, That any contract entered into, shall not be effectual until the same shall have been previously approved by the executive: And provided also, That nothing herein contained shall prevent the said superintendant from proceeding in the opening and improving such parts of said road as heretofore directed, where beneficial contracts cannot be obtained.

Contractors to

ful performance.

2. The said superintendant shall require and take of every pergive bond for faith son or persons with whom he shall make any such contract, bond with sufficient security for the compleat opening and improving the precinct assigned to him or them, as far as the same is practicable, in such penalty as he may deem expedient, not less than five hundred dollars, payable to the governor and his successors, for the use of the commonwealth; and shall moreover stipulate with such person the manner and proportions in which payment shall be made, and the time the precinct shall be compleated: provided, that the same shall always be subject to the control of the executive.

Superintendant's duty relative to contracts.

Persons appointed

3. And be it further enacted, That it shall be the duty of the said superintendant, or the persons with whom he may contract as herein before directed, as the case may be, to clear and smooth the said road a sufficient width for waggons and other carriages to pass with convenience; and where the said road has already been opened under the direction of the said superintendant, and is not of such width, or from other causes impassable, it shall be his duty to take measures in order that the same may be compleated according to the true intent and meaning of this act, either by contracting for improving the same as hereinafter directed, or otherwise.

4. And be it further enacted, That Martin M'Ferran and William from time to time. Royal, gentlemen, are hereby appointed to view the road already

to view the road

absent the other

opened by the said superintendant, or hereafter to be opened under his direction, or by the persons with whom he may contract, and that they proceed as soon as practicable, to execute the said duty, and report from time to time, the state of the road, or the several precincts thereof, to the executive, for which they shall be allowed Their pay. two dollars each, for every day they shall necessarily be employed therein, to be proved in, and certified by any of the courts of the counties of Greenbrier, Botetourt or Kanawha: Provided, That the same shall not exceed thirty days for the whole of said service; and if either of the said last mentioned commissioners shall fail If one should be from any cause to attend at the time and place agreed on for the has power to call purposes of this act, the other shall have the power to call to his as- assistance. sistance any proper person convenient thereto, who shall act during such absence of the said commissioner, and shall be entitled to the like pay for the like time: Provided, That the compensation of the commissioners appointed in the first section of this act, shall not exceed three dollars for every day they shall be actually employed in carrying this act into effect, nor shall the time they are so employed exceed thirty days; and for all extra expences, including compensation to surveyors, their carriers, if any shall be employed, not more than one hundred and fifty dollars shall be expended: And provided also, That the said view shall be compleated before the twentieth day of April next.

5. Nothing in this act contained shall be construed to alter in Proviso. any manner the provisions of the act herein before mentioned, except so far as the same are inconsistent therewith; nor shall the power of the executive vested by said act be in any wise abridged, but the same shall remain as if this act had not been made.

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

CHAP. 95.-An ACT to amend an act, intituled, "An act directing the method of proceeding against free persons charged with certain crimes, directing the mode of proceeding on indictments, informations, and prosecutions on penal statutes; and for preventing vexatious and malicious prosecutions, and moderating amercements, and for other purposes."

(Passed January 24, 1804.)

charged with cri

ted.

1. Be it enacted by the general assembly, That from and after Free persons the commencement of this act, when any person, not being a slave, minal offences, shall be charged before a justice of the peace with any treason, mur- how to be commitder, felony, or other crime or offence whatsoever against this commonwealth, if, in the opinion of such justice, such offence ought to be enquired into in the courts of this commonwealth, such justice shall take the recognizance of all material witnesses to appear before the court of his county or corporation, to give evidence against the offender, and immediately, by his warrant, commit the person so charged, to the county or corporation jail; and moreover, shall issue his warrant to the sheriff of the county, or serjeant of the corporation, requiring him to summon at least eight, if so many there be, of the justices of the county or corporation, to meet at their courthouse on a certain day, not less than five nor more than ten days after the date thereof, to hold a court for the examination of the fact; which court, consisting of five members at least, shall How the fact to be consider whether, as the case may appear to them, the prisoner may be discharged from farther prosecution, or may be tried in the county

enquired into.