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. SECT. 5. The trustees of the said town shall be dis- Present trusplaced on the first Tuesday in March one thousand se- tees when to be displaced; ven 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 trustees; the said town at the time of election. SECT. 7. Whensoever a trustee shall cease to be a When disqua freeholder 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 SECT. 9. Provided always, That nothing herein connot to be af- tained 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 jurymen for the county of Norfolk. Norfolk borough 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 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 shall 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 procure a bell, capitol. 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 to grant warrants for the -SECT. 3. The auditor of public accounts shall issue his warrant to the said directors for the amount of such 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 ceivable in day: Their several accounts shall be liquidated and adjusted by the commanding officer of the county from which they were ordered, who shall transmit on oath to the receiver of the taxes for the said district, a pay roll specifying particularly the names of those belonging to each company, and the time of their entering into and leaving the service: he shall also grant to each person a Certificates certificate expressing the number of days he served, the therefor retime when the service was performed, and the allowance discharge of for such service, which said certificate granted as afore- taxes. said, shall be receivable by the sheriff of the said county in discharge of the public taxes due from the said county, and the same shall be received from him in the settlement of his accounts with the receiver, who shall be allowed the same in the settlement of his accounts in like manner as he is by law allowed for other certificates receivable for the taxes of the said district. CHAP. LXVII. An act for opening the navigation of Blackwater river, from Little Town on the said river, to Broadwater bridge. (Passed the 16th of December, 1790.) SECT. 1. WHEREAS it is represented that the open- Preamble. ing the navigation of Blackwater river, from Little Town on the said river, as high as Broadwater bridge will be of great utility. SECT. 2. Be it therefore enacted by the General As- Surveyors of sembly, That the courts of the counties of Southampton the river to be and Isle of Wight, shall and they are hereby respectively appointed; empowered and required to appoint so many surveyors as they may think necessary, and allot to each his respective precinct, whose duty it shall be to superintend and see Their duty; that all obstructions which in any manner injure the navigation of the said river, within his precinct, be removed from time to time as such obstructions shall happen. |