be under a necessity of cutting and passing through some of the adjacent lands, and thereby subject themselves to prosecutions:

II. For the prevention whereof, and for the encouragement of so laudable and useful a design, Be it 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 for the said company of adventurers, or any of them, at any time, to enter upon, and have such a free passage, and make such canals, or causeways, through the lands of any person whatsoever adjacent to the said Dismal Swamp, as may be conducive to the more effectual draining thereof, without being subject to the action or suit of any such persons for the

same.

III. Provided nevertheless, That if the proprietor of any such adjacent lands shall think himself injured thereby, he shall give notice thereof to the said company, or their agent or agents, who shall within twenty days appoint one person on their part, to join with another to be chosen by the party complaining, to consider and determine the value of such damages as shall appear to them to have been sustained by such person, which valuation shall forthwith be paid by the said company; and if the persons so appointed cannot agree in opinion as to such damages, they shall appoint a third person, whose determination shall be final.

CHAP. VII.

An act for establishing a Ferry from the land of Thomas Casson, over Rappahannock River, to the oppo

site shore in Caroline.

river, esta

I. WHEREAS it is represented to this present Ge- Casson's ferneral Assembly by sundry inhabitants of the county of ry, over RapKing George, that the establishing a ferry from the land pahannock af Thomas Casson, in the said county, over the river blished. Rappahannock, to the land of Sarah Conway, opposite thereto, in the county of Caroline, would be very convenient to travellers in that neighbourhood:

Rates.

- 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 a publick ferry be constantly kept from the said Thomas Casson's land over the said river to the opposite shore in the said county of Caroline, and that the rates for passing the said ferry be as follows, that is to say: For a man threepence and for a horse the same; and for the transportation of wheel-carriages, tobacco, cattle, and other beasts, the ferry-keeper may demand and take the following rates, that is to say: For every coach, chariot, or wagon, and the driver thereof, the same as for six horses; for every cart, or four-wheeled chaise, and the driver thereof, the same as for four horses; for every two-wheeled chaise, or chair, the same as for two horses; for every hogshead of tobacco, the same as for one horse; for every head of neat cattle, the same as for one horse; and for every sheep, goat, hog, or lamb, one fourth part of the ferriage of one horse, according to the prices herein before settled, and no more. And if the ferry-keeper shall presume to demand or receive from any person or persons whatsoever any greater rate than is hereby allowed for the ferriage of any thing whatsoever, he shall for every such offence forfeit and pay to the party grieved the ferriage demanded and received, and ten shillings, to be recovered with costs before any justice of the peace of the said county; and the court of the said county of King George shal! and may, and are hereby required, to order and direct what boat or boats, and what number of hands, shall be kept at the said ferry; and the said ferry-keeper shall enter into bond in the manner directed by an act of Assembly made in the twenty-second year of his late majesty's reign, entitled, An Act for the settlement and regulation of Ferries, and for despatch of publick expresses, and shall be subject to the penalties thereby inflicted for any neglect or omission of duty.

CHAP. VIII.

An act to empower the corporation of the City of Williamsburg to assess taxes on the inhabitants thereof for the purposes therein mentioned, and for repealing a certain act of Assembly therein also mentioned.

I. WHEREAS by an act of Assembly, made in the Corporation first year of the reign of his present majesty, entitled, of Williams. burg author An Act to empower the common hall of the city of sed to assess Williamsburg to assess such taxes from time to time on taxes on the the inhabitants thereof as shall be sufficient to answer inhabitants. all charges and expenses for publick buildings, keeping the streets in repair, and other conveniences, the said common hall are empowered to levy money of the inhabitants of the said city not only for the particular purposes in the said act specified, but also at all times, and for defraying the charges and expenses of any publick buildings, or other conveniencies, for the use and benefit of the inhabitants of the said city, whenever they shall think proper; which discretionary power, without some restrictions, may prove of dangerous consequence to the liberties and properties of the said citizens; nevertheless it may prove of great service, and very much conduce to the preservation of the said city, if the said common hall are empowered, when their chamber is deficient, to levy money of the said inhabitants for the several purposes herein after particularized;

II. Be it therefore enacted by the Lieutenant-Governour, Council and Burgesses, of this present Generat Assembly, and it is hereby enacted by the authority of the same, That it shall and may be lawful for the mayor, recorder aldermen, and common-council, of the said city of Williamsburg, for the time being, in commonhall assembled, to levy and assess by the poll, on the tithable persons inhabiting within the said city, all such sum and sums of money as shall be sufficient for defraying the charges and expenses of building a court-house, market-house, and prison, for the said city, when those now in use shall happen to fall to decay, or be otherwise destroyed, and to keep the same in repair; also for build

ing, purchasing, or renting, one or more house or houses, to be made use of as hospitals, for the reception of any person or persons who may be hereafter found within the said city infected with contagious distempers and for paying the charges of removing such persons to the hospital, and providing doctors, nurses, and other necessary attendants, as also guards, to prevent the spreading of such distempers; also to defray the expense of purchasing necessary fire engines, and the hire of proper persons as firemen to keep such engines at all times in good order and ready for service; and for sinking such and so many wells as they shall think sufficient for supplying the fire engines with water in case of fires, fixing pumps in such wells, and keeping them in constant repair; also to defray the charges of appointing watchmen for the said city, and paying them reasonable wages; and also for repairing, and keeping in good order, the streets and lands in the said city. And that the said common-hall shall not levy or assess taxes on the inhabitants of the said city for any other use, intent, or purpose, whatsoever.

III. And for the more equal and impartial assessment of such taxes, It is hereby further enacted, by the authority aforesaid, That the said mayor, recorder, aldermen, and common council, in common hall assembled, shall and may, as often as occasion shall require, order and direct the inhabitants of the said city to deliver in lists of their tithables to the clerk of the court of Hustings of the said city, within such time as they shall appoint, but not less than one month at the least, who shall forthwith cause a copy of such order to be fixed up at the doors of the church, court-house, and market house, of the said city; and if any inhabitant of the said city shall neglect or refuse so to do, within the time so to be limited, such delinquent shall be deemed a concealer of tithables, and shall forfeit and pay the sum of forty shillings for every tithable so concealed, which shall be levied by the collector of the taxes, and in case of nonpayment by distress and sale of the delinquent's goods and chattels, as in cases of other distresses, and applied towards the purposes of this act. And the said clerk shall make out a fair copy of all such lists of tithables, and deliver the same, when required, to the said court of Hustings.

IV. And be it further enacted, That the said com mon hall, when they shall have settled and proportioned

the taxes to be levied in pursuance of this act on the inhabitants of the said city, according to such lists of tithables, they shall and may appoint one or more collector or collectors of the same; and if any person or persons shall refuse or neglect to satisfy and pay the money so on him, her, or them, levied and assessed, at the times appointed for the payment thereof, it shall and may be lawful for such collector or collectors to levy the money so due by distress and sale of the delinquent's goods, in the manner herein before mentioned. And such collector or collectors shall give bond, with sufficient securities, in a reasonable penalty, payable to the mayor, recorder, aldermen, and common council, of the said city, and their successours, for the due collection and payment of the said taxes; and shall be allowed a commission of five per centum for collecting and paying the same.

V. And be it further enacted, by the authority aforesaid, That the said recited act of Assembly shall be, and the same is hereby repealed, and made void to all intents and purposes whatsoever.

VI. Provided always, That the execution of this act shall be, and the same is hereby suspended, until his majesty's approbation thereof shall be obtained.

CHAP. IX.

An act for altering the court days of the counties of Lancaster, Gloucester, Chesterfield, and Warwick.

ter, Glou

1. WHEREAS it hath been represented to this pre- Court days sent General Assembly that the court days of the coun- of Lancas ties of Lancaster, Gloucester, Chesterfield, and Warwick, cester and are inconvenient to the justices, and others who are Warwick al obliged to attend the said courts:

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 from and after the last day of March next the court for the said county of Lancaster shall be constantly held upon the third Monday in every month.

tered.