lected, and by the respective sheriffs paid to the said commissioners: And the said commissioners, or a majority of them, shall be, and they are hereby authorized and required, to lay out and disburse the money so levied annually, in such manner as they shall think best for keeping the roads from Snigger's and Vestal's gaps to Alexandria, and the road from George town to Alexandria in repair. And the sheriffs of the said counties respectively, shall give bond, with sufficient security, for the faithful collection of the money so levied, and for accounting and paying the same to the said commissioners; and in case of failure or neglect, shall be liable, on the motion of the said commissioners, in the same manner as by law they are now liable for not accounting and paying other levies. Provided, That nothing herein contained shall be construed, deemed, or taken, so as to restrain or exempt the courts of the aforesaid counties of Fairfax and Loudoun respectively, from allotting the hands which have usually worked on these roads, from assisting in repairing and amending the same within their proper districts, in the manner already directed by law, excepting only that they shall not appoint overseers over the several districts of the roads directed to be repaired by this act; but it shall and may be lawful for the said courts, and they are hereby required, to cause a list of all tithables within their respective counties, which are by law compellable to work on the aforesaid roads, specifying the several districts they belong to, to be delivered to the said commissioners, who shall and may direct the person or persons by them appointed or employed in the execution of this act, to summon any of the said tithables, at any time they shall see cause, to work on the said roads within the districts specified by the said lists; provided the number of days which each tithable shall work thereon, does not exceed six, in the space of any one year. And if any free person called out as aforesaid, shall wilfully, and without a sufficient excuse, neglect or refuse to appear, he shall be liable to the penalty of six shillings for every day he shall so refuse or neglect to appear, or to work upon the said road when there; to be recovered, with costs, by warrant, before a single magistrate, by the person appointed by the said commissioners to overlook and direct the repairs of the said roads to which such free tithable so offending shall belong. And that if any master, mis V. It is further enacted, That every person employ- Overlookers ed by the said commissioners to overlook the repairs of enforce penthe above mentioned roads, who shall neglect to apply alties. for a warrant against the several persons offending against this act, shall be liable to the penalty of six shillings for every such neglect; which said penalty shall be recovered, with costs, by warrant, before a single justice, by any one of the said commissioners who shall apply for the same, and when recovered, shall by such commissioner be applied towards repairing the aforesaid roads. Power of ers to pro VI. And be it further enacted, That the said commissioners, or any person or persons by them appoint- commissioned, shall and may, and they are hereby empowered, cure timber, to cut timber, dig earth, and take stone, adjoining or stone, &c. convenient to the aforesaid roads, for the purpose of building or repairing bridges, and repairing the aforesaid roads: Provided always, That any timber so cut, or stone taken, shall be first valued (unless the owner or owners thereof consent thereto) in the manner directed by an act of assembly "For the more effectual keeping the public roads and bridges in repair;" which valuation shall be paid by the commissioners, out of the money levied by the aforesaid counties as herein. before-mentioned, or out of the money arising from the tolls or duties herein before imposed. And for continuing the succession of the said commissioners, Vacancies, in commissioners, how sup VII. Be it further enacted, That it shall and may be lawful to and for the said commissioners, or the major plied. Penalty for evading toll. Commission part of them, from time to time, upon the death, rẻ signation, or removal, of any of the commissioners herein before named, or hereafter to be appointed, to elect or choose one or more person or persons, instead of the commissioner or commissioners so dying, resigning or removing: And if it shall be found necessary to erect turnpikes on any of the aforesaid roads, at a greater distance from Alexandria than is herein beforementioned, it shall be lawful for the said commissioners, or a majority of them, to erect, or cause to be erected, a turnpike or turnpikes at such place or places as they may think necessary, and to impose reasonable tolls or duties on things passing through such turnpike or turnpikes, so as not to exceed the tolls on any thing herein before-mentioned free VIII. And be it further enacted, That any person who shall drive any riding carriage, or waggon or cart, round any turnpike, with an intention to evade the payment of the toll, shall forfeit and pay the sum of twenty shillings; and if the person so offending shall be a servant or slave, the master or mistress shall forfeit and pay the penalty aforesaid; to be recovered before a single magistrate, on complaint of the person appointed to receive the tolls, and by him paid to the commissioners, to be by them applied to the purpose of keeping the aforesaid roads in repair. IX. And be it further enacted, That the aforesaid ers to report. commissioners shall, in the month of June annually, return to the county court of Fairfax, a just and true account of all monies received by them or any of them, for tolls, penalties, or licences, and of the disbursements thereof; which account shall be filed by the clerk of the said court. CHAP. XXXI. An act concerning the location of certain warrants upon waste and unappropriated lands, in the counties of Greenbrier, Harrison, and Mo nongalia. cations of land warrants I. WHEREAS it hath been represented to this pre- Provision, as sent general assembly, that previous to the extending to certain lothe line between Greenbrier and Harrison counties, the latter of which has been lately taken from Monon- in the coun galia, that state warrants have been located on the t es of Greensame parcel of land in the several counties herein men- brier, Harri tioned, and as it is just and right that the first location son and Moshould hold said land, II. Be it therefore enacted, That the surveyor of each of the aforesaid counties, shall, on or before the first day of June next, transmit an attested copy of all entries of state warrants made in his office, to the surveyor of each of the aforesaid counties, with the date, and quantity of land held or claimed by such entries, that the several surveyors may thereby be enabled to survey said entries to the person or persons who had the first locations. III. And be it further enacted, That all surveys heretofore made in either of the aforesaid counties by virtue of the first location, shall be good and valid; any act to the contrary, notwithstanding. nongalia. William Nall authorised to collect taxes of Rocking ham, for 1784 ed him. CHAP. XXXII. An act concerning the taxes due in the county of Rockingham, for the year one thousand seven hundred and eighty four. 1. WHEREAS it hath been represented to this present general assembly, that no person would undertake the collection of the taxes in the county of Rockingham, for the year one thousand seven hundred and eighty-four, and that William Nall, the present sheriff of the said county, is willing to undertake the collection thereof, in case a reasonable time is allowed him to perform the same, as also to complete the collection of the taxes due in the said county for the present year: II. Be it therefore enacted, That the said William Nall, upon giving bond and security in the court of the said county of Rockingham, in the penalty required by law for collectors, shall be, and he is hereby vested with as full power to collect and distrain for the taxes due in the said county, for the year one thousand seven hundred and eighty-four, as if he had been sheriff thereof at the time they were payable; and the said Time allow William Nall is hereby allowed until the first day of August next, to complete the collection of the taxes in the said county, for the last as well as the present year; and if he shall fail to make payment thereof into the public treasury on or before the said first day of August, it shall and may be lawful for the solicitor-general to move for judgment against him at the next October general court, or at any other session of the said court subsequent to such failure. The said William Nall shall in all cases respecting the collection of the said taxes, be entitled to the same emoluments, and shall be subject to the like penalties and damages, as directed in the cases of sheriffs and collectors by the several laws for collecting the revenue of this state. |