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Mills burnt, VI. And that if at any time any mill, now búilt, or or destroy: hereafter to be erected, shall happen to be burnt, car. rebuilt with ried away by water, or any way destroyed, the proin three prietor being under none of the disabilities herein beyears. fore provided for, shall have the same time allowed to

rebuild and repair such mill, as is there allowed for the first building thereof.

VII. And that no person or persons whatsoever, No mill shall after passing this act, shall erect any mill, notwithbuilt without standing he, or she, has land on both sides a creek or leave of the run, and although there be no other mill standing county court. thereon, without petition first exhibited to the county

court, who are to consider, whether the adjacent lands of other persons may or will be affected thereby, and in that case to order a jury to value the damages, and make report thereof, in manner herein before directed, and thereupon to grant or reject such petition: But where the petitioner's land extends so far, on both sides, as not to affect or overflow the land of any other person, the court may, if they see cause, grant leave to the petitioner for erecting such

mill, without ordering any jury. Cases not

VIII. Provided always, That this act shall not exwithin this tend to mills heretofore built, nor to mills now begun act.

though not yet finished, but that the owners thereof shall be and continue possessed of the same, under their respective legal titles, as if this act had never been made: And where any mill has been built, and is now standing, and the owner thereof, through ignorance or mistake, hath not exactly pursued the method prescribed by the law in force when such mill was built, in respect to an acre of land adjoining, the court of the county wherein such acre lies, shall, upon petition of such owner, order and appoint two of their members to value the acre petitioned for, without having regard to any of the adjacent lands affected by such mill, and upon the petitioner's paying down the valuation money, to the party entitled thereto, he shall have a fee-simple estate in such acre of land: But, in both these cases, such estate shall be subject

to the conditions and limitations of this act. Miller's duty

IX. And be it further enacted, by the authority aforeand toll.

said, That all millors shall well and sufficiently grind the grain brought to their mills, and in due turn as the same shall be brought, and may take for toll, one eighth part of all grain and no more: And every miller,

ler.

or occupier of a mill, who shall not well and suffi. Punishment • ciently grind as aforesaid, or not in due turn, or take if he offends

or exact more toll, shall for every such offence, forfeit and pay fifteen shillings to the party injured, recoverable with costs before a justice of peace, of the county where such offence shall be committed: and where the miller shall be an imported servant, or slave, he shall where a ser. upon the first conviction, for such offence, receive thir- vant or ty lashes, and upon a second conviction forty lashes slave is milon bis bare back, well laid on, in lieu of the forfeiture aforesaid; but upon a third conviction, his master or owner shall be liable to pay fifteen shillings, and so for every such offence, by such servant or slave afterwards committed: Provided always, That every own- Privilege of er or occupier of a mill may grind his, of her own mills. grain at any time.

X. And that every owner or occupier of a mill shall Sealed meakeep therein sealed measures, of half bushel, and peck, sures shall and a toll dish sealed, and shall measure all grain by every mill strike measure, under penalty of paying fifteen shil- under a penlings, for every such failure, recoverable with costs, alty. by the informer, before a justice of peace, of the county wherein such mill shall be; and if the miller be a slave, or servant, bis master or owner shall be liable to the penalty, or if the owner of such mill shall not live within the same county, nor have any known attorney therein, the appearance of such servant or slave, before the justice to whom such complaint shall be made, shall be sufficient for him to proceed against the master or owner; but if he or she, his or her known attorney, lives in the county, his or her appearance shall be required.

XI. And be it further enacted, by the authority afore- Who may said, That no owner or occupier of a mill shall keep not keep any hogs at his or her mill, except in inclosures, un- hogs at large less such owner or occupier shall have fifty acres of at his mill. land at the least, adjoining to such mill; and if any hogs, belonging to the owner or occupier of such mill, shall be found running at large, it shall and may be lawful for the proprietors of the land adjoining to such mill, to kill, or cause to be killed or destroyed, all such hogs.

XII. And be it further enacted by the authority aforesaid, That all and every other act and acts, clause clause

Repealing and clauses, heretofore made, for or concerning any

matter or thing within the purview of this act, sball

be, and are hereby repealed. Commence- XIII. And be rt further enacted, by the authority ment of this

aforesaid, That this act shall commence and be in force 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.

act.

CHAP. XXVII.

An Act for appointing public store houses,

and ascertaining the prices of storage.

I. BE it enacted by the Lieutenant Governor, CounThe method of appoint-cil, and Burgesses, of this present General Assembly, ing public and it is hereby enacted, by the authority of the same, warehouses That the respective courts of every county, lying upand landings. on any river or creek within this colony, may, upon

application to them made, order and appoint such place or places, within their respective jurisdictions, as to them appear necessary and convenient for the landing, shipping off, and transportation of goods and inerchandizes, to be hereafter held and accounted public landings, and where a store house or ware houses are not already erected at, or convenient to such landings, the court shall order such house or houses to be forthwith erected and built, by the respective proprietors of the land, at his and their own expence, for the commodious reception, safe keeping, and convenient shipping off, or transportation of all goods and merchandizes whatsoever, brought thither by land or water; and such houses so built, or already erected, shall thereafter be held and accounted public store houses, and all and every other place and places, house and houses, heretofore used for the same purposes, shall thereupon be discontinued, and no longer reputed or held as public store houses, or landings; and that a copy of every such order shall be by the sheriff delivered to the respective proprietors of the land, so appointed, his or her attorney, or agent, or left at his or their usual place of abode, and the day and place of serving the same, shall also, by the said sheriff, be returned to the next succeeding court held

Proprietor for his county, and recorded; and where good and con- of the land venient store houses shall not be already built at any shall build, place so appointed, the proprietor thereof swall, with-within

twelve in twelve months after such order made, cause such

months. house or houses to be erected and kept.

II. And be it further enacted, by the authority afore. Further prosaid, That if any owner or owners of house

any

ceedings now

where the built, and used for a public store house, or the owner

proprietor or owners of any land, appointed by any of the said refuses to county courts for a place whereon to build a public let or build. store house, his, her, or their guardian, or guardians, attorney, or attorneys, shall refuse to suffer, or let sucb house be made use of, for the purpose aforesaid, or to build a good and convenient store house on the place, appointed by such county court, for the same to be built on, within one year after the time of such appointment made, that then and in such case, upon the petition of some freeholder or freeholders, of the county where the said house is, or land lies, it shall be lawful for such county court, and they are hereby required to order and appoint, three or more good and lawful men of their county, upon their oaths, to value and appraise the said house so appointed, together with half an acre of land next adjoining thereto, or to value and appraise half an acre of land, so appointed for a place whereon to build a store house: which valuation shall be returned to the said court, and there recorded, and thereupon it shall and may be lawful for the said court, to give liberty to any person to build or keep a store house thereon, and he, upon his paying down the valuation money, or lawfully tendering the same to the owner, shall be, and is hereby declared to be seised in the said house, and half acre of land, or in the said half acre, to him and his heirs for ever: upon condition, that he, his heirs and assigns, keep and maintain upon the said half acre of Conditions land, such a convenient store house as the said county public storecourt shall, from time to time, direct and appoint, or house and otherwise the said half acre of land to revert to the for- land. mer proprietor thereof, his heirs and assigns, or to such other person as will build and maintain a sufficient store house thereon: Provided always, that the house so to be appointed, from time to time, by such county court, be not a dwelling house, or any out house,

Provisos. fice, or building, to a dwelling house contiguous and

belonging, or appertaining, and that the half acre of land, so appointed for building a store house thereon, be not, at the time of such appointment, the garden, orchard, or court yard, to any dwelling house belonging or appertaining.

Provideil also, That where any store houses shall be built by such other person as aforesaid, and the first proprietor of the land shall desire to have the same again, such proprietor, on payment of so much money, as shall be sufficient to reimburse the said purchaser, the principal money expended for the purchase of the land, and the building such store houses, with lawful interest, shall be restored to his former estate, in the land whereon such store houses shall be built.

Provided also, That the proprietor of such half acre, appointed for building a store house, having no land adjacent, shall keep no hogs or other stock upon the said half acre, but what shall be constantly kept within a sufficient fence, upon the said half acre, on penalty of paying five shillings current money, for every head of horses, mares, cattle, sheep, goats, hogs, shoats, or pigs to him belonging, that shall at any time be found at large upon any of the adjacent lands, to be paid to the owner of such lands, and cognizable by a justice of peace of the county where the trespass shall be committed.

III. And be it further enacted, by the authority aforesaid, That every such public store house so appointed shall be constantly kept, and maintained by the proprietor thereof, for the receiving tobacco, and other goods and merchandizes, and that there shall be paid and satisfied to such proprietor, by the owner or owners of such goods lodged therein, for the storage there,

of, the rates and prices following: For every hogsRates of sto.

head of tobacco, brought to any store house above the page.

falls of any river, eight pence; for every cask, containing sixty gallons or upwards, and every bale or parcel of the like or greater bulk, twelve pence for the first day, or three months, and one penny for every month afterwards; and for every cask under sixty gallons, and every bale or parcel of less bulk than a sixty gallon cask, six pence, and one penny respectively, as aforesaid; for salt, or grain, not pack'd in cask, after the rate of one penny per bushel,

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