the informer for his own use, recoverable with costs, before the same justice; but where the informer shall be a witness, sworn upon the trial, in that case the penalty shall be to the use of the county, towards lessening their levy; and in default of present payment the offender shall, by order of such justice, receive twenty lashes on his or her bare back, well laid on.

IX. And be it further enacted by the authority afore- Repealing said, That all and every other act and acts, clause clause. and clauses, heretofore made, for or concerning any matter or thing within the purview of this act, shall be, and are hereby repealed.

X. And be it further enacted, by the authority afore- Commencesaid, That this act shall commence and be in force, ment of this from and immediately after the tenth day of June, act. which shall be in the year of our Lord, one thousand seven hundred and fifty-one.

CHAP. XXIX.

An Act for clearing Rivers and Creeks.

I. WHEREAS many of the rivers and creeks of Preamble. this colony are stopped and choaked up by stones, trees, stumps, and rubbish therein, and by hedges, weirs, or stone stops, in or cross the same, whereby the passage of boats, and other vessels, and of fish, is obstructed, to the great damage of the inhabitants of this colony, and hindrance of trade and commerce.

contract

II. Be it therefore enacted by the Lieutenant Govern- County or, Council, and Burgesses of this present General As- courts shall sembly, and it is hereby enacted, by the authority of the with undersame, That where any river or creek shall be in one takers to county only, the court of such county shall be, and clear rivers is hereby impowered and required, to contract and and creeks. agree with any person or persons they shall think fit, to clear the same as far as it shall be passable for loaded boats, if such obstructions were removed, and to levy so much tobacco, in their county levy, as shall be sufficient to discharge such agreement: And where any river or creek in this colony shall divide two or

more counties, the court of every such county shall join in such agreement, and levy the charge thereof in proportion to the number of tithables in each coun

Exceptions. ty: Provided always, That nothing herein contained shall be construed to oblige any county court, or courts, to contract for removing rocks, or such obstructions in any river or creek as cannot be removed without the force of gun-powder: And also, that the courts of the counties adjoining to the rivers Maherin, Nottoway, Roanoke, and Rappahanock, above the falls thereof, shall not be obliged by this act to contract for the clearing the said rivers, or any of them. Penalties on III. And be it further enacted by the authority aforesetting said, That if any person shall set, or cause a weir to weirs, or felling trees be set, in any river or creek, passable as aforesaid, into a river, and shall not cause the stakes thereof to be taken up again, as soon as the weir becomes useless, he or she shall forfeit and pay fifteen shillings current money, to the informer, recoverable before a justice of peace:And whosoever shall fell any tree or trees, or cause the same to be felled into any river or creek, or any run whereon there is or shall be erected any public bridge or bridges, within this colony, and shall not cut and carry away the same, within the space of forty-eight hours after such felling, shall forfeit and pay fifteen shillings, for every tree so felled, and not cut and carried away, to be recovered before a justice of peace of the county where such offence shall be committed, and shall be to the use of the informer.

or creek.

Or hedges,

or stone stops.

IV. And be it further enacted, by the authority aforesaid, That all hedges, or stone stops, already made cross any river, creek, or run, shall be taken up and destroyed by the person or persons who made or placed the same; and that for the future no hedge, or stone stop, that in any wise obstruct the course or passage of the said rivers, creeks, or runs, or any of them, shall be placed or set therein; and it shall be lawful for any person or persons whatsoever, at any time, to pull up or destroy all such hedges, or stone stops: And every person who shall not pull up and destroy any and every hedge, or stone stop, by him already set up or made, or who shall hereafter presume to set up or make any such, in any river, creek, or run, as aforesaid, shall forfeit and pay one thousand pounds of tobacco, for every such offence; and if after conviction, the person or persons so offending

A

shall suffer such hedge, or stone stop to continue, and not pull up and destroy the same, he, she, or they, shall forfeit and pay two hundred pounds of tobacco, for every week the same shall be suffered to remain, both which forfeitures shall be recoverable, with costs, by action of debt, in any court of record of this dominion, wherein the same shall be cognizable, one moiety thereof to the informer, and the other moiety to the king, his heirs and successors, for the use of the county wherein such offence shall be committed, towards lessening such county levy.

ed.

of land on

V. Provided always, That nothing herein contain- Mills excepted shall be construed to extend to any mill built upon a river above navigable water, or to any mills already built, or that hereafter shall be built, pursuant to the laws relating to water mills: Provided also, That And owners nothing herein contained shall be construed to restrain both sides a any person, having land on both sides of a creek to creek, to the the head thereof, to set hedges or stops, or to use and head. Occupy the same, as he or she might have done if this act had never been made, so that there is no public landing above the said hedges and stops.

VI. And be it further enacted, by the authority afore- Repealing said, That all and every other act and acts, clause clause. and clauses, heretofore made for or concerning any matter or thing within the purview of this act, shall be, and are hereby repealed.

VII. And be it further enacted, by the authority Commencesaid, That this act shall commence and be in force, ment. from and immediately after the tenth day of June, which shall be in the year of our Lord, one thousand seven hundred and fifty-one.

CHAP. XXX.

An Act for regulating Ordinaries, and restraint of Tipling Houses.

licence to

I. BE it enacted, by the Lieutenant Governor, Coun- The method oil, and Burgesses, of this present General Assembly, of obtaining and it is hereby enacted by the authority of the same, keep oadinaThat every person intending to set up or keep an ry.

Material considerations.

Ordinary keeper's

bond.

ordinary, or house of public entertainment, shall first petition the court of that county wherein such ordinary is intended to be, and obtain a licence for keeping the same: And the justices of the court, to whom such petition shall be exhibited, shall thereupon consider the convenience of the place proposed, and the ability of the petitioner to keep good and sufficient houses, lodging, and entertainment for travellers, their servants and horses; but the court shall not, under pretence of keeping any poor person from being chargeable to the parish, licence any such person to sell liquors, to the prejudice of the neighboring inhabitants: And if such petition shall appear reasonable, such court is hereby authorised, and may if they think fit, grant the petitioner a licence to keep ordinary, for the term of one year next ensuing the date of such licence, and from thence 'til the next court held for the same county, and no longer; which licence shall be signed by the first justice sworn in the commission of the peace for such county, and may, upon petition, be renewed from year to year, if the court shall think fit.

II. Provided always, That before issuing such licence, the court shall cause the petitioner to enter into bond, with sufficient security, to the effect following, That is to say.

Know all men by these presents, That we A. B. and C. D. are held and firmly bound unto our sovereign lord king George, the second, by the grace of God, of Great Britain, France, and Ireland, king, defender of the faith, &c. in the sum of fifty pounds current money, to which payment to be made to our said Sovereign lord the king, his heirs and successors, We bind ourselves, and every of us, our, and every of our heirs, executors, and administrators, jointly and severally, by these presents. Witness our hands and seals day of The condition of this

this

obligation is, That whereas the above bound A. B. hath obtained a licence to keep an ordinary, at in the county of

if therefore the said A. B. doth constantly find and provide, in his said ordinary, gond, wholesome, and cleanly lodging and diet for travellers, and stableage, fodder, and provender, or pasturage, and provender, as the season shall require, for their horses, for and during the term of one year from the day of the date

of these presents, and from thence until the next court
held for the said county of
and shall not
suffer or permit any unlawful gaining, in his house,
nor on the sabbath day suffer any person to tipple and
drink any more than is necessary, then this obliga-
tion to be void, otherwise to remain in full force.

And for every such licence the petitioner shall pay Licence fee. thirty five shillings current money, for the use of the governor, or commander in chief of this colony, for the time being, before obtaining the same.

in every or.

III. And be it further enacted, by the authority afore- Rates of lisaid, That the justices of every County court of this quors to be dominion shall annually, in March court, or if no annually set by the court. court be then held, at their next succeeding court, set the rates and prices to be paid at ordinaries, for liquors, diet, lodging, provender, stableage, and fodder, and pasturage, upon penalty of forfeiting and paying twenty five pounds current money: And every ordi- And set up nary keeper shall, within one month after the rates so set, obtain of the county court clerk, a fair table dinary. of such rates, which shall be openly set up in the public entertaining room of every ordinary, and there kept throughout the year, until the rates shall be again set by the court, and then a copy thereof shall be again Penalty on so obtained, and kept from time to time, under pen- failure. alty of ten pounds current money on every ordinary Ånd on tak. keeper failing so to do: And if any ordinary keeper shall demand and take greater prices for any drink, rates. diet, lodging, fodder, provender, or pasturage, than by such rates shall be allowed, he or she so offending shall forfeit and pay ten shillings for every such of fence, to the informer, recoverable with costs, before a justice of peace of the county wherein such ordinary shall be.

ing greater

tailers of liquors, with

IV. And be it further enacted by the authority afore- And on resaid, That if any person shall presume to keep a tipling house, or retail liquors, or sell by retail any out licence. wine, beer, cider, brandy, rum, or other spirits, or any mixture of such liquors, in any house, booth, ar- Offender bour, stall, or any other place whatsoever, without failing to pay licence first obtained as aforesaid, he or she so offend. the forfei ing shall forfeit and pay ten pounds current money, whip.ed. or on failure of present payment, or security for payment within six months, the party so convicted shall, by order of the court before whom such conviction K-Vol. 6.

ture, shall be