CHAP. LV.

An act for opening and extending the Navigation of Pamunkey river.

(Passed the 9th of December, 1789.)

SECT. 1. WHEREAS it is represented to the Gene- Preamble. ral Assembly, that the opening, improving and extending the navigation of Pamunkey river to the highest part practicable, will be of public utility, and that many persons are willing to subscribe considerable sums of money for effecting the same, Be it therefore enacted, that Anthony Trustees apNew, John Winston, Benjamin Temple, Richard Squire pointed for Taylor, John Anderson, William Anderson, Richard Over- improving the navigation of ton, John Minor, Vivion Minor, Samuel Temple, John Pamunkey Chiles, William C. Winston, William Darracott, Thomas river, Prince and Thomas Tinsley, gentlemen, be and they are hereby constituted trustees for clearing, improving and extending the navigation of the said river from Hanover town as far up the different branches thereof as they may judge it practicable, so as to have a sufficient depth and width of water to navigate boats, batteaus or canoes, capable of carrying four hogsheads of tobacco, and they to receive are authorised to take and receive subscriptions for that subscriptions; purpose.

them;

SECT. 2. Any person neglecting or refusing to pay the Method of remoney by him subscribed for the purposes of this act, it covering shall be lawful for the trustees to recover the same by warrant before a single magistrate, where the subscription doth not exceed twenty-five shillings, and where it exceeds that sum, by motion in the court of the county where the person resides, provided he has ten days previous notice of such motion.

SECT. 3. The said trustees or a majority of them, Trustees to shall as soon as may be, proceed to view the said river, view the river, and ascertain as nearly as they can, the highest part capable of navigation according to this act, and to contract and contract and agree with any person or persons for clearing and for clearing it; improving the navigation of the said river, in such manner as the said trustees shall judge proper, and to remove all obstructions which in any manner injure the said navigation.

To appoint a

receiver of the

SECT. 4. The said trustees or a majority of them, shall have power to nominate and appoint from time to time, subscriptions; VOL. XIII.-K

Mode of ob

taining land through

which any canal is to be cut, &c.

one or more of their number, to be receiver or receivers of all money subscribed by virtue of this act, who shall give bond with sufficient security in the penalty of one thousand pounds in the court of the county where he or they respectively reside, payable to the said trustees and their successors for the time being, with condition that he or they, his or their heirs, executors or administrators at all times when required, will truly and faithfully account for all sums of money, that shall come to his or their hands for the purposes of this act, and pay the same to such person or persons as the said trustees or a majority of them shall order and direct.

SECT. 5. And whereas it may be necessary in some parts of the said river to straighten the same, by cutting away the bank, or by a canal, and also to erect houses on the banks of the said river, for the use of toll-gatherers, Be it therefore enacted, that it shall and may be lawful for the said trustees or a majority of them, to agree with the owners of any land through which the said canal is intended to pass, or on which any house shall be thought necessary to be erected, for the purchase thereof, and in case of disagreement, or in case the owner thereof shall be a feme-covert, under age, non compos, or out of the state, the like proceedings shall be had to estimate the value thereof by a jury, as are directed and prescribed by the act, intituled "An act for opening and extending the navigation of Patowmack river," and such valuation shall be paid by the trustees to the owner of the said land, or to his or their legal representatives, and on payment thereof, the said land shall thenceforth be vested in the said trustees and their successors in fee, for the purpose of this

act.

further duty of SECT. 6. The said trustees and their successors, or the trustees; a majority of them, shall have power and authority to agree with any person or persons to cut such canals, and erect any works they may think necessary, for opening, improving and extending the navigation of the said river, and out of the money arising from the subscriptions and tolls hereafter given to pay for the same, and to repair and keep in order the said canals and other works, and to defray all incidental charges, and to appoint such tollgatherers, managers and servants as they shall judge requisite, and to agree for and settle their respective wages or allowances, and settle and pass their accounts, and to make and establish such rules of proceeding, and to

transact all other business for the purpose of carrying this act into execution.

portation of

SECT. 7. And be it further enacted, That for and in Tolis for the consideration of the expence the subscribers will be at, passage of ves not only in cutting canals or other labour, for opening and sels and transextending the navigation of the said river, but in main- commodities taining and keeping the same in repair, it shall and may up and down be lawful for the said trustees and their successors at all the river; times hereafter, to demand and receive at such place or places upon the said river, as they may think most convenient, for all commodities transported up and down the same, tolls not exceeding those imposed by the act inti-, tuled "An act for opening and extending the navigation of Patowmack river;" and in case any person shall neglect or refuse to pay the tolls at the time of offering to pass the place appointed for the payment thereof, and previous to the vessels passing the same, the collectors of the said Vessels may tolls may lawfully refuse passage to such vessel; and if be stopped until they are any vessel shall pass without paying the said toll, then the paid, said collector may seize such vessel wherever found, and Mode of resell the same at auction, for ready money, which so far covering as is necessary, shall be applied towards paying the said them, when vessels pass tolls and all expences of seizure and sale, and the balance, without payif any, shall be paid to the owner; and the person hav- ing them; ing the direction of such vessel shall be liable for such toll if the same is not paid by the sale of such vessel.

the tolls, &c.

SECT. 8. The profits arising from the said tolls, toge- Produce of ther with the works erected for opening and improving the subscrithe navigation of the said river, shall be and the same are bers property hereby vested in the said trustees, and their successors therein; for ever, to and for the use of the subscribers, and their heirs as tenants in common, to be apportioned among them according to the sums by them respectively subscribed and paid, and the same shall be deemed real estate, and be for ever exempted from payment of any tax, or impo- empt from any sition whatsoever.

forever ex

tax;

SECT. 9. The said trustees and their successors shall Trustees inbe, and they are hereby declared to be incorporated by corporated, the name and title of the Pamunkey Trustees, and may

sue and be sued as such. In case of the death, removal, Vacancies, resignation, or incapacity of any of the said trustees, it how supplied. shall be lawful for the subscribers or a majority of them, to elect other person or persons in the room of him or them so dying, removing or resigning; of the time and place for making such election, previous notice shall be given by

76

Subscribers

advertisement at the court-houses of the counties of Hanover, Caroline and King William, on two successive court days by the said trustees. If a majority of the subscribers shall fail to attend on the day appointed for electing a trustee, the vacancy shall be supplied by those who do attend.

SECT. 10. The subscribers may vote either in person

how they may or by proxy.

vote;

how transfer their property in the tolls,

&c.

Penalty on

fer trees to

fall into the river;

sub

SECT. 11. It shall and may be lawful for every scriber to transfer his interest in the said canals, works and tolls in the same manner, and under the like conditions and exceptions as are prescribed by the said recited act.

SECT. 12. If any landholder on the said river being those who suf- resident thereon, if not, the tenant or overseer, shall suffer any tree to be felled from his land, or the land of which he is a tenant, or resides on as an overseer, into the said river, and therein to remain the space of twenty-four hours, at any time after the navigation of the said river hath become practicable, every such landholder, tenant or overseer, shall forfeit and pay the sum of forty shilhow to be re- lings, to be recovered with costs by information in any court of record to the use of the person suing for the

covered and

applied.

same.

SECT. 13. So much of all and every act and acts, as comes within the meaning of this act, is hereby repealed.

Montgomery

CHAP. LVI.

An act for dividing the county of Montgomery, and adding part of the county of Botetourt to the county of Montgomery.

(Passed the 1st of December, 1789.)

SECT. 1. BE it enacted by the General Assembly, That county divid- from and after the first day of May next, all that part of ed, and Wythe the county of Montgomery, which lies south-west of a line, beginning on the Henry line, at the head of Big Boundaries. Reedy Island, from thence to the waggon ford on Peek creek; thence to the clover bottom on Blue Stone; thence

formed.

to the Kanhawa county line, shall form one distinct county, and be called and known by the name of Wythe.

SECT. 2. A court for the said county of Wythe shall Court days. be held by the justices thereof on the fourth Tuesday in every month, after the same shall take place, in like manner as is provided by law for other counties, and shall be by their commissions directed.

SECT. 3. The justices to be named in the commission of the peace for the said county of Wythe, shall meet at the house of James M'Gavock, in the said county, upon the first court day after the said county shall take place, and having taken the oaths prescribed by law, and administered the oath of office to and taken bond of the sheriff according to law, proceed to appoint and qualify a clerk, and fix upon a place for holding courts in the said county, at or as near the centre thereof as the situation and convenience will admit, and thenceforth the said court shall proceed to erect the necessary public buildings at such place, and until such buildings be completed, to appoint any place for holding courts, as they shall think proper. Provided always, that the appointment of a place for holding courts, and of a clerk, shall not be made unless a majority of the justices of the said county be present; where such majority shall have been prevented from attending by bad weather, or their being at the time out of the county, in such case the appointment shall be postponed, until some court day when a majority shall be present.

SECT. 4. And be it further enacted, That all that part Part of Boteof the county of Botetourt which lies south-west of a line tourt added to to begin on the Franklin line on the Blue Ridge, three Montgomery. miles south from Noffsenger's mill; from thence to Walton's Tavern in Botetourt county; from thence to John Glen's on the Catawba road; from thence to Pott's mill on Sinking creek; and from thence to the Greenbrier line, shall be, and the same is hereby added to the county of Montgomery.

SECT. 5. The justices of the said county of Montgomery shall on the court day in the month of May next, hold their session at the house of James Craig, in the said county of Montgomery, and then and there fix upon a place for holding courts in the said county, at or as near the centre thereof as the situation and convenience will admit, and thenceforth proceed to erect the necessary pub