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How they are to proceed when any canal is to be cut through the

town.

legal authority, which convey the water to and through the said town, and open and keep in repair other canals, as they or a majority of them shall think necessary and useful for the inhabitants thereof, and to impose taxes not exceeding forty pounds annually, for and during the term of two years from the passage of this act, and from and after the expiration of the said term, the sum of twentyfive pounds annually, on the tithables and property real and personal within the said town, on all tithables who who have no taxable property, a tax not exceeding five shillings per tithable annually, and on the other inhabitants and freeholders in proportion to their taxable property respectively, for the purpose of carrying into execution all or any of the powers hereby given them; to make provision and regulations for the collecting and accounting for the taxes so raised by appointing a collector and directing distress to be made for delinquencies or by any other ways or means, and to make such ordinances and regulations not contrary to the laws and constitution of this Commonwealth as shall by them or a majority of them be thought necessary for carrying this act into effect.

SECT. 4 Provided always, That before the trustees shall in future make or cause to be made any canal in the said town of Staunton, which may injure any individual or individuals through whose lots the same may be designed to pass, they shall, provided the individual affected by the said canal or his agent or attorney shall require the same; or provided the proprietor of such lot or lots shall be an infant, feme covert, or non compos mentis, sue out from the clerk's office for the county of Augusta, a writ in the nature of a writ of ad quod damnum to be directed to the sheriff of the said county, commanding him on a certain day therein to be named, of which day the party to be affected as aforesaid, his agent or attorney shall have five days previous notice at the least, to impannel twelve disinterested persons, six of whom shall be inhabitants of the said town of Staunton and the other six freeholders of the said county of Augusta and most convenient to the said town, who being first sworn to enquire whether any, and if any, what damages will be sustained by the individual or individuals through whose lot or lots such canal shall be proposed to be made, the said sheriff on the day appointed in the said writ shall with the jurors aforesaid

proceed to make the said enquiry and shall report the same under the hands and seals, of the jurors to the next court to be held for the said county of Augusta where the same shall be received and recorded. And

in like manner where any canal hath already been made the person or persons who are affected thereby, may sue out a writ in the nature of a writ of ad quod damnum, to be directed and executed as is before mentioned, and the jury summoned in consequence of such writ, shall enquire of what damage the continuance of such canal will be to the person or persons through whose lands the same may pass and the same shall be reported to the court for the county of Augusta and recorded as is before directed; and in either of the above cases it shall be discretional with the said trustees for the town of Staunton, to proceed to make the canal proposed to be made, or to continue any canal which may be already made, or not, as they shall find it expedient.

Present trus

tees when to be displaced;

SECT. 5. The trustees of the said town shall be displaced on the first Tuesday in March one thousand seven hundred and ninety-four, and on the same day in every third year thereafter, and the vacancies supplied by Their succesnew elections on the same or next succeeding day re- sors, when to spectively under the like rules and regulations as herein be elected. before prescribed; intermediate vacancies by death or

otherwise shall be supplied in like manner on a day to

be appointed by the remaining trustees.

SECT. 6. No person shall be capable of being elected Qualification a trustee who is not a freeholder and an inhabitant of of the trusthe said town at the time of election.

tees;

SECT. 7. Whensoever a trustee shall cease to be a When disquafreeholder and an inhabitant as aforesaid, he shall thence-lified. forth be considered as disqualified and another shall be

elected in his stead.

SECT. 8. And be it further enacted, That if any person Penalty on shall stop or alter the present canals or those that may persons for hereafter be made for conveying the water to and through stopping or althe said town, he shall, for every offence forfeit and pay nals. tering the ca the sum of two pounds, to be recovered on motion of the trustees in the county court of Augusta with costs, upon giving the party ten days previous notice of such motion, and the money so recovered shall be applied by the trustees to the like purposes as the taxes to be imposed in virtue of this act.

Certain mills

not to be af

SECT. 9. Provided always, That nothing herein contained shall be construed to authorize or empower the fected by any said trustees by any regulations whatsoever, to injure or regulations of the trustees. affect the mill of Michael Fackler, or any mill that may hereafter be built within the said town.

Court of Hus

rized to try slaves;

CHAP. LXIV.

An act to grant certain privileges to the cities of Richmond and Williamsburg, and to the borough of Norfolk.

(Passed the 20th of December, 1790.)

SECT. 1. BE it enacted by the General Assembly, That tings of Rich- the mayor, recorder and aldermen of the city of Richmond autho- mond, or any five of them, the mayor, recorder or eldest alderman being one, may hold a court for the trial of slaves in like manner and subject to the same laws, rules and regulations as the justices of the county courts may now do: Provided That their jurisdiction be limited to offences committed within the jurisdiction of the court of Hustings for the said city.

And to im

pannel grand juries.

Court day.

Militia to be

formed into a distinct regi

ment.

SECT. 2. And it shall be lawful for the serjeant of the said city, and he is hereby required previous to the courts in March, May, August and November, to summon a grand jury of the freeholders within the said city, to meet at these several courts, which grand juries shall, respecting crimes and offences done, committed or suffered within the limits aforesaid, possess and exercise the same powers, and be subject to the same penalties as grand jurors in the county courts.

SECT. 3. The court of Hustings for the said city shall sit on the second Monday in every month:

SECT. 4. And be it further enacted, That the inhabitants of and residents in the said city, subject to militia duty, shall be formed into a distinct regiment, and shall not be obliged to attend company or regimental musters except in or near the said city; but shall remain under the lieutenant or commanding officer of the militia of the county of Henrico, and be subject to and governed by

the several laws respecting the militia, in like manner as the militia of the county of Henrico.

SECT 5. And be it further enacted, That the courts of Courts of hustings of the city of Williamsburg and borough of hustings of Norfolk, at their respective quarterly sessions, shall have Williamsburg the same power and authority to impannel grand juries as to impannel is by this act given to the court of hustings of the city grand juries. of Richmond.

and Norfolk

SECT. 6. And be it further enacted, That the inhabi- Inhabitants of tants of the borough of Norfolk, shall not be grand jury- Norfolk bomen for the county of Norfolk.

rough not to act as grand jurymen in

SECT. 7. So much of every act as comes within the purview of this act shall be and the same is hereby re- Norfolk

pealed.

county.

CHAP. LXV.

An act directing the purchase of a Bell for the
Capitol, and for other purposes.

(Passed the 16th of December, 1790.)

SECT. 1. BE it enacted by the General Assembly, That Directors of the directors of the public buildings shaH be, and they the public are hereby authorized and empowered to purchase at the buildings to public expence, a fit and sufficient bell for the use of the capitol.

procure a bell,

SECT. 2. And be it further enacted, That the said di- and stoves for rectors shall likewise provide as many stoves of cast iron the capitol. as may be necessary for the use of the house of delegates, the senate room, and the court room, and cause the same to be set up, at the public expence, in such part of the house of delegates, the senate room, and court room in the capitol, as to them may appear most convenient. And that the directors of the public buildings

senate room.

shall also cause the following alteration to be made in Alterations to the senate room, to wit: Open a door of entrance from be made in the the room adjoining the senate room, opposite to the fire place, and to lay off a gallery on each side of the said door to be separate from the room by a decent balustrade.

VOL. XIII-C c

The auditor

SECT. 3. The auditor of public accounts shall issue to grant war- his warrant to the said directors for the amount of such rants for the

amount of the purchase money, which shall be paid by the treasurer out of any public money in his hands.

expences.

Preamble.

Guards to 'be

furnished by certain coun

ties to protect travellers

through the wilderness.

To provide themselves with arms, provisions, &c.

Their pay;

CHAP. LXVI.

An act to authorize and direct the commanding officers of certain counties within the district of Kentuckey, to order out guards for certain purposes.

(Passed the 27th of November, 1790.)

SECT. 1. WHEREAS the intercourse between this country and Kentuckey is much interrupted by the depredations and murders committed by the hostile tribes of Indians who live contiguous to the road leading through the wilderness.

SECT. 2. Be it enacted, That the commanding officers of the counties of Mercer, Lincoln and Madison, shall be and they are hereby authorized and directed to order out of their respective counties alternately in every year, thirty effective men, in the months of October and November, to rendezvous on the road leading through the wilderness, at the east foot of Cumberland mountain, on the fifteenth day of October, and on the tenth day of November: That the said guard shall be commanded by such person as the commanding officer of the county from which they are taken shall think fit to appoint, whose duty it shall be to guard and protect such company through the wilderness, as may be in readiness at the place and on the days abovementioned. The guards shall be called out and perform the duty herein required, alternately in the order in which the counties are herein beforenamed in this act.

SECT. 3. And be it further enacted, That the said officer appointed as aforesaid, and the guard under him ordered out, shall furnish themselves with the necessary arms, ammunition and provision for the purposes aforesaid. The said officer shall receive for his services six shillings per day, and each of the guard four shillings per

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