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CHAP. LXI.

An act to amend the act, intitled "An act for clearing Roanoke river."

(Passed the 16th of December, 1790.)

SECT. 1. WHEREAS extending the navigation of Preamble. the river Roanoke from the Falls, upwards to the fork of Dan and Staunton rivers, and up the said rivers Staunton and Dan to the heads thereof, will be of great benefit and advantage, as well to the inhabitants of the interior parts of this state, as to the public in general, and it is represented to this present General Assembly, that many persons are willing and desirous to subscribe and contribute thereto; For the encouragement of such an useful and laudable undertaking,

SECT. 2. Be it enacted by the present General Assembly, Trustees apThat Henry E. Coleman, Richard Kennon, Samuel pointed for clearing RoaHopkins, Samuel Goode, George Carrington, Thomas noke, Dan Watkins, Clement Carrington, William Terry, William and Staunton Morton, John Wilson, John Early, Matthew Clay, rivers; Meade Anderson, George Hairston, and Archibald Hughes, gentlemen, be and they are hereby nominated, constituted and appointed trustees for clearing so much of the said rivers as shall be within this state, 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 respectively subscribed, for the purpose of this act, it shall and may be lawful for the trustees respectively, or undertaker, to recover the same of the person or persons so neglecting, failing or refusing, of his, her or their heirs, executors or administrators by motion in any court of record within this Commonwealth, on giving reasonable notice thereof.

SECT. 3. And be it further enacted by the authority Duty of the aforesaid, That the said trustees respectively, or any trustees. five of them, shall have full power and authority to contract and agree with any person or persons for clearing so much of the said rivers as shall be within this state, in such manner as to the said trustees shall seem most proper, and to remove all hedges, rocks or stops, which the said trustees shall think may in any wise obstruct the said navigation.

VOL. XIII.-Bb

Receivers to SECT. 4. And be it further enacted by the authority be appointed; aforesaid, That the said trustees respectively, or any five

Vacancies in

the trustees, how to be supplied.

of them, from time to time, as often as they shall see occasion, shall and may nominate and appoint one or more of their number, to be receiver or receivers of all monies that shall be subscribed for the purpose 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 to this Commonwealth, with a condition that he or they, his or their heirs, executors or administrators, at all times when required, shall and will truly and faithfully account with the said trustees or undertaker, for all monies which shall come to the hands of such receiver or receivers for the purpose of this act, and pay the same to such person or persons, as the said trustees or any five of those who agree to act, shall order and di

rect.

SECT. 5. And be it further enacted, That in case of the death, resignation or removal out of the country, or the legal disability of any one or more of the said trustees, it shall and may be lawful for the surviving or remaining trustees, or any five of them, from time to time, to elect and choose so many persons in the room of those dead, resigned, removed or disabled, as shall make up the number thirteen, which trustees so chosen, shall be vested with the same power and authority as any others in this act particularly named.

SECT. 6. And be it further enacted, That so much of every act or acts as comes within the purview of this act, shall be and is hereby repealed.

Preamble.

CHAP. LXII.

An act giving Joseph Wilsey and others the exclusive privilege of conveying persons in stage carriages, and for other purposes.

(Passed the 21st of December, 1790.)

SECT. 1. WHEREAS sundry inhabitants of the counties of Accomack and Northampton have petitioned the present General Assembly, That Joseph Wilsey of North

Carolina, James Rosckrans of New-York, and Robert Twiford of Accomack, may have the exclusive privilege of running a stage waggon from Northampton courthouse to the line of Maryland near Swansey-gut bridge, and also the privilege of transporting passengers across Chesapeak Bay:

between cer

SECT. 2. Be it therefore enacted, That the said Joseph Exclusive priWilsey, James Rosckrans and Robert Twiford, shall vilege of runhave the sole and exclusive privilege of conveying for ning a stage hire, persons in stage carriages between Northampton tain places courthouse and the line of Maryland near Swansey-gut granted to bridge for and during the term of seven years, from the certain perpassing of this act, and shall and may demand and take for each passenger three pence per mile, and three pence Rates. per mile for every one hundred and fifty pounds of bag. gage, exceeding fourteen pounds conveyed in any of their stage waggons.

sons.

more than the legal rates.

SECT. 3. If the said Wilsey, Rosckrans and Twiford Penalty for by themselves or any other, shall demand or receive any demanding greater rates than are hereby allowed, they shall forfeit and pay double the sum so demanded or received to be recovered with costs by summons and petition in either of the county courts of Accomack or Northampton, and if the sum be under twenty-five shillings, before any justice of the peace, in either of the said counties by warrant to the use of the party injured in both cases.

SECT. 4. If any person or persons other than the said Penalty on Wilsey, Rosckrans and Twiford their agents or servants, any other pershall establish or run any stage carriages between either son running a stage between of the said places, or demand or take directly or indi- the said rectly any fee or reward whatsoever, for conveying any places. person or persons or their baggage in a stage carriage or carriages between either of the places aforesaid, he or they so offending shall forfeit and pay for every stage established or run, the sum of five hundred pounds, and for every person or one hundred and fifty pounds of baggage by him or them so conveyed fifty pounds, to be recovered with costs by action of debt, bill, plaint or information in either of the courts aforesaid to the use of the said Wilsey, Rosckrans and Twiford.

establish a

SECT. 5. And be it further enacted, That the afore- Proprietors said Joseph Wilsey, James Rosckrans and Robert Twi- authorized to ford shall have the right of establishing one or more packet boat packet boats for the purpose of conveying their stage for conveying passengers across the Chesapeak Bay from Cheritons their passen

gers across

river or Hungars in the county of Northampton to the Chesapeak; towns of Norfolk and Portsmouth, and from the said towns to the said ports of Cheritons or Hungars, and may demand and receive for each passenger fifteen shillings, and fifteen shillings for each horse.

To enter into bond with security for keeping up the line of stages.

When they shall begin to

run their stages.

Privilege of keeping a

SECT. 6. Provided, The said Joseph Wilsey, James Rosckrans or Robert Twiford shall on or before the first day of July next enter into bond with sufficient security in the county court of Accomack or Northampton in the sum of one thousand pounds, payable to the governor and his successors for the use of the Commonwealth, with condition for the due and faithful keeping up the said line of stages for one year after their first running, and before the expiration of each year, enter into bond in the like sum and on the like condition for the due and faithful keeping up the said line of stages for one year more, and shall begin to run their said stage carriages ou or before the first day of January, one thousand seven hundred and ninety-two.

SECT. 7. On the said Joseph Wilsey, James Rosckpacket boat rans and Robert Twiford, ceasing to keep up the said line of stages, their privilege to keep a packet boat shall cease and determine.

to continue

only while

they keep up the line of stages.

SECT. 8. Provided always, That if the proprietor of the ferry at Hungars, established by law, will undertake Proprietor of to transport stage passengers and horses, across ChesaHungar's fer- peak to the towns of Norfolk and Portsmouth, and from ry to have the thence to the said ferry at Hungars on the terms preexclusive pri- scribed in this act, and subject to such regulations as to vilege of conveying the time, as will correspond with the regulations established said stage pas- by the proprietors of the line of stages, she or he, giving sengers across bond in the sum of five hundred pounds on or before the first day of July next, with security to be approved by the county court of Northampton, conditioned for the faithful execution of the duty of a ferry or packet boat attending the said line of stages, shall have and enjoy the exclusive privilege of transporting the same, otherwise the said Joseph Wilsey, James Rosckrans and Robert Twiford, shall be permitted to establish a ferry at Cheritons, as directed by this act.

the Chesa

peak on certain conditions.

Towns and

Woolfolk authorized to convey their

stage passengers across

SECT. 9. And be it further enacted, That Richard Towns and John Woolfolk, shall have a right to convey their passengers travelling from the southward to the northward, across the said bay from the town of Ports

mouth to Hungars, when the Hungars boat is not there the Chesato take them, and may receive the same ferriage as is peak, when herein before established.

the Hungar's ferry boat is not ready to

ceive them.

CHAP. LXIII.

An act to increase the number and extend the powers of the trustees of the town of Staun

ton.

(Passed the 28th of December, 1790.)

SECT. 1. BE it enacted by the General Assembly, That Six additional it shall and may be lawful for the freeholders, house- trustees to he keepers and free male inhabitants of the town of Staun- elected. ton in the county of Augusta aged twenty-one years, other than free negroes or mulattoes, who have resided therein for the space of six months and who possess in their own right within the said town, moveable property of the value of twenty pounds to elect and choose six trustees in addition to the number heretofore allowed by law, which election shall be conducted by the sheriff of the said county and held at the courthouse on the first Tuesday in March or April next, of which previous notice shall be given by advertisement at the door of the courthouse ten days preceding such election: The trustees so elected shall be under the same regulations and liable to the same, penalties as the trustees now in office.

SECT. 2. The sheriff shall make return of the persons The sheriff to elected to the clerk of the court to be by him recorded, make a return and moreover return a fair copy of the poll by him ta- of the persons ken to the persons having the greatest number of votes to be recorded with the other proceedings of the said trustees in books to be by them kept for that purpose.

elected.

SECT. 3. The said trustees so elected with those al- Powers of the ready in office, and their successors or a majority of them trustees. shall have power to erect and repair a market-house on the public ground in the said town; to appoint a clerk of the market; to regulate and repair the streets and highways of the same; to remove nuisances and obstructions therein; to keep in repair the canals already made by

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