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pleat the said work, for removal of such doubts; Be it Certain arenacted by the General Assembly, that it shall and may rears of taxes be lawful for the said commissioners to demand and re- appropriated ceive from the sheriffs of the said counties, so much of pleating the any arrears now due as will compleat the opening of the roads to the above roads; Provided the sums so demanded shall not exceed the sums allowed by the above recited act.

mouth of the Little Kanhawa and Fish

certain sums.

SECT. 2. And be it further enacted, That the commis- ing creek. sioners aforesaid shall transmit to the auditor of public Not to exceed accounts a transcript of their books on or before the first Commissionday of October next, agreeable to the direction of the ers to send above recited act, and that the sheriffs of the said coun- copies of their ties respectively shall settle their several accounts, and accounts to pay into the treasury of this Commonwealth on or before Sheriffs to pay the said first day of October, all balances of the taxes the balances aforesaid as may remain in their hands; and upon failure in their hands by a certain thereof, the solicitor is hereby directed to move for judg- day. ments against the said sheriffs respectively, first giving them a reasonable notice.

the auditor.

CHAP. LX.

An act appointing trustees in the room of those appointed in the act, intituled "An act for appointing trustees to regulate the making of slopes for the passage of fish in the mill-dams within the county of Bedford.

(Passed the 10th of December, 1789.)

WHEREAS it hath been represented to the present Preamble, General Assembly, that the trustees appointed by the act, intituled "An act for appointing trustees to regulate the making of slopes for the passage of fish in the mill-dams within the county of Bedford," are either dead or removed, and it is judged necessary to appoint others; Be Trustees to it therefore enacted, that James Callaway, William Left- regulate the witch, Charles Clay, Charles Gwatkins, Thomas Lunip- making of kins, John Otey, Robert Cowan, John Callaway and dams in Bedslopes in millJames Buford, gentlemen, shall be and they are hereby ford. constituted trustees in the stead and place of those mentioned in the said recited act, and shall do and perform what was required of the former trustees.

VOL. XIII.-L

Preamble,

Certain es

in Norfolk to be sold, when, and how,

CHAP. LXI.

An act for selling certain escheated lands in the county of Norfolk.

(Passed the 4th of December, 1789.)

WHEREAS by a resolution of the General Assembly, the sum of four hundred and eighty-six pounds fifteen shillings and five pence, was directed to be paid to Mary Hurt, out of the proceeds of the sale of the confiscated estate of John Bowness; And whereas a tract of land in cheated land the county of Norfolk, late the property of the said John Bowness, is now vested in the Commonwealth by escheat; Be it therefore enacted by the General Assembly, that the executive shall instruct the escheator for the county of Norfolk, to sell as soon as may be, the aforesaid tract of land, in such manner and upon such terms as to them shall seem expedient, and out of the sales thereof to pay to the said Mary Hurt the said sum of four hundred and eighty-six pounds fifteen shillings and five pence, and any other debts against the said John Bowness, which shall be proved to their satisfaction, and to cause the balance to be paid into the public treasury.

Purchase money, how to be applied.

Preamble,

In what man

CHAP. LXII.

An act for repairing the road over the Blue
Ridge, at Swift-run Gap, in the county of
Rockingham.

(Passed the 12th of November, 1789.)

SECT. 1. WHEREAS it is represented, that the road over the Blue Ridge at the place called Swift-run, in the county of Rockingham, cannot be kept in repair in the ordinary way prescribed by law: Be it therefore enacted ner road at by the General Assembly, that it shall be lawful for the Swift-run Gap to be repaired; court of the said county of Rockingham, and the same is hereby empowered and required annually, for and during the term of four years, to contract and agree with some

person or persons upon the best terms that can be obtained, for repairing and keeping in repair the road over the Blue Ridge, at the pass called Swift-run, as far as Page's ordinary, in the county of Orange.

SECT. 2. The person or persons undertaking the said road, shall enter into bond with sufficient security, payable to the justices of the said court, and their successors, in double the sum the same is undertaken for, with condition for the due and faithful performance of the said agreement.

SECT. 3. The expence of repairing and keeping in The expence repair the said road, shall annually during the term afore- thereof, how to be defray. said, be levied by the court on the tithable persons in the ed. said county, to be collected and accounted for in like manner as prescribed by law, for collecting and accounting for parish and county levies; Provided always, that such levy shall not annually exceed the sum of one hundred pounds.

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CHAP. LXIII.

An act appointing trustees of the town of Fincastle, in the county of Botetourt.

(Passed the 14th of November, 1789.)

WHEREAS it is represented that the trustees of the Preamble, town of Fincastle, in the county of Botetourt, are eitherdead or removed out of the county; Be it therefore en- Certain per acted by the General Assembly, that James Breckenridge, sons appoint Patrick Lockhart, George Hancock, Henry Bowyer, Robert Harvey, Matthew Harvey and Philip Speckard, gentlemen, shall be and they are hereby constituted trus

ed trustees;

tees of the said town of Fincastle, and vested with the Their power same power and authority, as if they had been particu- and duty. larly nominated and appointed in the act for establishing

the said town.

CHAP. LXIV.

An act to authorize the Common Hall of the town of Petersburg, to impose a duty on vessels coming to or using the public wharfs, and for other purposes.

(Passed the 17th of December, 1789.)

SECT. 1. BE it enacted by the General Assembly, That as doubts have arisen respecting the right of the Common Hall of the town of Petersburg, to levy a tax of more than one hundred pounds on the people thereof without the consent of the electors, agreeable to an act intituled "An act to amend the act intituled an act for incorporating the town of Petersburg, and for other surposes, Common-Hall therefore to prevent such doubts in future, Be it enacted, that the Common Hall shall not lay any greater tax in any one year than the sum of one hundred pounds.

not to raise more than

100l. per year,

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SECT. 2. And whereas it is represented that fire-enUnless for the gines are absolutely necessary for the town, Be it further purchase of enacted, that the Common Hall of the said town shall fire-engines. have power to raise by a tax the sum of three hundred pounds, for the purpose of repairing and purchasing fireengines, but not more than one moiety shall be raised in any one year, over and above the one hundred pounds.

May receive tolls from vessels using the public wharf;

Common-Hall

of Richmond to levy tolls

from vessels

using the public wharf, unless employed in

shipping tobacco;

SECT. 3. And be it further enacted, That it shall and may be lawful for the Common Hall of the town of Petersburg, to levy and collect a reasonable tax or duty upon all vessels coming to or using the public wharf, already erected between Coffee-House street and the small bridge towards Blandford.

SECT. 4. And whereas a considerable sum of money has been advanced by the public for the purpose of erecting a wharf at Rocket's landing, and it is reasonable that vessels using the same should pay a compensation for the use thereof: Be it therefore enacted, that the Common Hall of the city of Richmond be, and they are hereby empowered and required to levy a reasonable toll on all vessels using the aforesaid wharf, except such as are specially employed in shipping tobacco, and to allow the harbour master, or such other person as the Common Hall may appoint, such salary as in their opinion

shall be adequate to his trouble for collecting the tolls aforesaid, and the person so appointed, after deducting Money arising his salary, shall upon oath account for and pay into the therefrom, treasury on or before the first day of October in every how to be applied. year, the overplus of the tolls by him collected.

CHAP. LXV.

An act empowering the trustees of the town of Lexington, in the county of Fayette, to sell a part of the public lot in the said town, for the purpose of erecting thereon a house of worship.

(Passed the 4th of December, 1789.)

be divided;

SECT. 1. WHEREAS by the act for establishing the Preamble, town of Lexington in the county of Fayette, a lot of land within the said town was reserved for public use, and it has been represented by the inhabitants of the said county, that the dimensions of the said lot exceed what is necessary for the purposes intended by the said act: Be it therefore enacted by the General Assembly, that Public lot in the said lot shall be divided by a line beginning on the Lexington to Main street, six poles from the west corner, and thence across the said lot a north-east course: and that the part Part thereof thereof lying north-west of the said line, shall be set to be set apart for erecting a apart for the particular purpose of erecting thereon a house of wor house of divine worship; and the trustees of the said ship; town are hereby authorised and empowered to sell the same to the highest bidder at public vendue, for the purpose aforesaid, giving previous notice in the Kentuckey

Gazette, of the time and place of such sale; and what- And to be sold ever denomination of Christians shall become the legal to any denopurchasers thereof, the said trustees are hereby also di- mination of Christians; rected to make or cause to be made a deed or deeds, so as to convey the title thereof to the said purchasers and their successors for ever.

SECT. 2. And be it further enacted, That the money Purchase moarising from the sale thereof, be applied towards the ney how to be building a market-house in the said town.

applied.

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