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same, That the honourable Peter Randolph and William Byrd, esquires, Archibald Cary, John Fleming, Richard Adams, Robert Bolling, junior, William Cabell, Robert Carier Nicholas, John Wayles, Samuel Jordan, and Thomas Bolling, gentlemen, be, and they are hereby nominated, constituted, and appointed trustees for clearing the great falls of James river; Benjamin Harrison, Bowler Cocke, junior, Richard Adams, Burwell Basseit, Thomas Adams, William Massy, William Dangertield, Peter Russel, Thomas Watkins, Jonathan Patterson, and Ambrose Dudley, gentlemen, trustees for the river Chickahominy; and Thomas Walker, Edward Carter, Charles Lewis, Nicholas Lewis, Thomas Jefferson, Henry Fry, Nicholas Meriwether, John Walker, John Hervey, Valentine Wood, and James Adams, gentlemen, for the north branch of James river; and they are hereby respectively authorized and empowered to take and receive subscriptions for that purpose. And if any person or persons shall neglect, fail, or refuse, to pay the several sums of money by them respectively subscribed for the purposes of this act, it shall and may be lawful for the said trustees respectively to sue for and recover ile same, in the name of the trustees, for clearing the river whereof they are by this act respectively appointed trustees, by petition, where the subscriptio: shall not exceed five pounds; and where the same shall be above that sum, by action of debt.

II. And be it further enacted, by the authority aforesaid, That the said trustees respectively, or the major part of them, shall have full power and authority to contract and agree with any person or persons for clearing the said rivers, or extending the navigation of James river aforesaid, from Westham aforesaid, downwards through the great falls, in such manner as to the said trustees shall seem most proper; and to remove all hedges, rocks, or stops, wlich ihe said trustees shall think may in any wise obstruct the said navigation, And it shall and may be lawful for the said trustees, or any person or persons employed by them in the execution of this act, to go on shore on the lands of any person whatsoever, and to dig, cut out, and open, such canals or aqueducts, for the passage of the water of the said rivers, and to build and place such locks therein as they shall think proper, without being subject to an action for the same. And if any suit shall be commenced for any thing to be done in pursuance of this act, the per

son or persons sued may plead the genewal issue, and give this act in evidence; and every court before whom such suit shall be prosecuted, where a verdict shall be found for the defendant, or the plaintiff shall be nonsuited, shall award judgment for the defendant, and treble costs.

III. Provided always, and be it engicted, That the lands through which any such canal or aqueduct is proposed to be opened shall be first viewed and valued, by a jury to be empanelled and sworn by order of the court of the county where such lands lie, on application of the trustees, in the same manner as is by law directed in cases of petitions preferred for land to build a mill on; and shall be paid for by the said trustees, before such proposed canal or aqueduct shall be cut or opened.

IV. And be it further enacted by the authority aforesard, That the said trustees respectively, or the major part of them, from time to time, as often as they shall sec occasion, shall and may nominate and appoint one or more of their number willing to undertake the same to be receiver or receivers of all monies that shall be subscribed for the purposes of this act; who shall, in the court of the county where he or they shall reside, give bond, with sufficient security, in a reasonable penalty, payable to his majesty, his heirs, and successours, with a condition that he or they, his or their heirs, executors, and administrators, at all times when required, shall and will truly and faithfully account with the said trustees for all such monies as shall come to the hands of such receiver for the purposes of this act, and pay the same to such person or persons as the said trustees, or the major part of them, shall order and direct.

V. And be it further enacted, That in case of the death, resignation, removal out of the country, or other legal disability, of any one or more of the trustees before named, it shall and may be lawful for the surviving or remaining trustees, or any six of them, from time to time, to elect and choose so many other persons in the room of those so dead, resigning, removed, or disabled, as shall make up the number of eleven; which trustees, so chosen, shall be vested with the same power and authority as any other in this act particularly named.

CHAP. XXXV.

An act to repeal so much of the act of

assembly made in the fourth year of his present majesty's reign, entitled An act for appointing commissioners to examine and state the accounts of the militia lately ordered out into actual service, and for other purposes therein mentioned, as allows a lounty of forty shillings to every person who will voluntarily engage in the service of this colony. 1. WHEREAS by an act of assembly, made in the So much of fourth year of his present majesty's reign, entitled An the act as al act for appointing commissioners to examine and state to militia, in the accounts of the militia lately ordered out into ac- stead of tual service, and for other purposes therein mentioned, drafts re

pealed. it is amongst other things enacted that when any county lieutenant, or other commanding officer of the militia, shall be required by the governour or commander in chief of this colony to draught any part of his militia, pursuant to the act of assembly made in the thirtieth year of the reign of his late majesty king George the second, entitled An act for reducing the several acts for making provision against invasions and insurrections into one act, such county lieutenants, or other commanding officer, shall be empowered to offer a bounty of forty shillings to every person who will voluntarily engage in the service, and the persons so engaging shall be entitled to such bounty, to be paid by the publick, on such officers certificate to the next session of assembly, which bounty hath occasioned a great expense to the colony:

II. Be it therefore enacted, by the Lieutenant-Governor, Council, and Burgesses, of this present General Assembly, and it is hereby enacted by the authority of the same, That every clause and article contained in the said first recited act of assembly, relating to the said bounty, shall be, and the same is hereby repealed, and declared void.

CHAP. XXXVI.

An Act for opening and clearing a

road through Swift Run Gap over the mountains in Augusta.

Provisio!! I. WHEREAS it is represented to this present Genfor opening eral Assembly that a considerable trade and commerce a road over the moun.

is carried on between the inhabitants of the county of tains, at Augusta, residing on the south-western side of the mounSwift Run tains, and the inhabitants of that and the neighbouring Gap.

counties on the other side thereof, which would be rendered much easier, and might be greatly extended, if a road was opened and cleared over the said mountain at a place called the Swift Run Gap, which cannot be effected in the manner prescribed by the laws of this colony for clearing of roads, and will be attended with a more than ordinary expense:

II. Be it therefore enacted, by the Lieutenant-Governour, Council, and Burgesses, of this present General Assembly, and it is hereby enacted by the authority of the same, That it shall and may be lawful to and for the court of the said county of Augusta, and they are hereby authorized and empowered, from time to time, as they shall think it necessary, to appoint and contract with proper persons to open and clear a road over the said mountains through the said gap called Swift Run Gap, and to levy the expense thereof on the tithable inhabitants of the said county, at the time of their laying the county levy, so that stich expenses shall not exceed the sum of one hundred pounds in the whole; which shall be levied and collected in the same manner as the other county levies, and paid to the persons entitled to the same.

CHAP. XXXVII.

An act for enlarging the jurisdiction

of the court of Hustings, in the borough of Norfolk. 1. WHEREAS your majesty's royal grandfather, Recital of of blessed memory, by his royal charter bearing date charter of the fifteenth day of September, in the tenth year of his reign, under the seal of this your majesty's colony and dominion of Virginia, was most graciously pleased to grant to the inhabitants of the town of Norfolk that the same should be a borough and body corporate, consisting of a mayor, recorder, eight aldermen, and sixteen common councilmen; and was also pleased to grant, among other things therein contained, that the said mayor, recorder, and aldermen, might hold a court of Hustings once in every month within the said borough, and have jurisdiction, and hold plea of trespass and ejectment, and all writs of dower, for any lands and tenements within the said borough, and all other actions personal or mixed, arising within the same, so as the demand in such actions, personal or mixed, do not exceed twenty pounds current money, or four thousand pounds of tobaccco.

II. And whereas it is represented to this present general assembly, as well by the mayor, recorder, aldermen, and common councilmen, as other inhabitants of the said borough, and also of the county of Norfolk, that under the restrictions and limitations of the said charter but a very inconsiderable part of the actions arising within the said borough can be prosecuted in the said court of Hustings, whereby suitors are compelled to prosecute for the recovery of their debts in the court of the said county of Norfolk, where the demand exceeds the sum of twenty pounds, or four thousand pounds of tobacco, which hath created a multiplicity of business in that court, and rendered the determination of them very tedious and inconvenient, as well to the justices of the said court, as the parties concerned.

III. And it is also represented that the good government of the said borough doth very much depend upon the well ordering of servants and apprentices within the same, and a due correction and punishment of per

11-VOL. 8.

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