within this commonwealth, or that the same shall be picked, repacked and prized by the person or persons so receiving the same, and again carried to some public inspection of tobacco for re-in spection. 7. This act shall commence and be in force from and after the Commencement. passage thereof. CHAP. L. An Act to amend the Act, entitled "an Act to Organize and Establish a Superior Court of Law in each county of this Commonwealth," passed February the fourth, one thousand eight hundred and nine. 1. [Passed February 9, 1810.] See sess❜ns Code, 2d vol. p. E it enacted by the General Assembly, That the superior Alterations of the court of law shalll be holden in the county of Chesterfield, times of holding on the fourth Monday after the fourth Monday in April, and the certain superior fourth Monday after the fourth Monday in September, instead of courts. the times heretofore appointed by law. The superior court of law in the ninth circuit, for the county of Shenandoah, shall be holden on the fourth Monday after the fourth Monday in April, and the fourth Monday after the fourth Monday in September. The superior courts of law in the tenth circuit for the county of Loudoun, In Loudoun on the last Monday in March and the last Monday in August, and shall sit twelve juridical days, if business require it; for the county of Frederick, shall be holden on the first Monday after the fourth Monday in April, and the first Monday after the fourth Monday in September; for the county of Hampshire, on the third Monday after the fourth Monday in April, and the third Monday after the fourth Monday in September. The superior court for the county of Frederick shall sit ten juridic aldays, at each term, if business requires. 2. The superior courts of law in the thirteenth circuit shall be In the 13th cir holden in Giles, on the first Monday in April and the first Mon- cuit, day in September; in Tazewell, on the second Monday in April and the second Monday in September; in Russell, on the third Monday in April and the third Monday in September; in Lee, on the fourth Monday in April and the fourth Monday in September; in Washington on the first Monday after the fourth Monday in April and the first Monday after the fourth Monday in September; in Wythe, on the second Monday after the fourth Monday in April and the second Monday after the fourth Monday in September; in Grayson, on the third Monday after the fourth Monday in April and the third Monday after the fourth Monday in September; in Montgomery, on the fourth Monday after the fourth Monday in April and the fourth Monday after the fourth Monday in September, instead of the times heretofore ap- In Fluvanna pointed by law. The superior court of law in the seventh cireuit, for the county of Fluvanna, shall be holden on the second Tuesday after the third Monday after the fourth Monday in April and on the second Tuesday after the third Monday after the fourth Monday in September in every year, instead of the times hereto fore prescribed by law. The superior court of law in the four- In Accomack and teenth circuit shall be holden in Accomack, on the first Monday in Northampton. April; and in Northampton, on the third Monday in April, in stead of the times heretofore appointed by law. 3. Be it enacted, That the superior court of law shall be holden In Monongalia in the county of Monongalia, on the first Monday in April and the H In Patrick. Judges vested with certain powers in vacati on. When the venue may be changed. Powers of judges in vacation in appointing clerks. Regulations as to certain causes rules in the former district courts. first Monday in September, in every year, instead of the times heretofore directed by law. The superior court of law in the sixth circuit, shall be holden in Patrick, the Friday after the commencement of Henry court, instead of the times heretofore appointed by law. 4. Be it further enacted, That the superior court of law for Fairfax county shall sit twelve juridical days instead of six, as was heretofore directed, should the business of the court require it. 5. Be it further enacted, That each judge of the general court, in vacation, shall possess the same power, within or without his circuit, in granting writs of error, of supersedeas, of habeas cor pus, of certioari, of holding to bail and letting to bail, as might have been done prior to the establishment of the superior courts of law for each county. 6. Be it further enacted, That the venue may be changed in any case depending in a superior court of law, by the general court, in the same manner as might be done before the establishment of the superior courts of law for each county. 7. Be it further enacted, That each judge of the general court shall have power, and he is hereby authorised to supply in vacation, any vacancy which may occur in the effice of clerk of any one of the superior courts of law, within his circuit, which appointment being accepted and qualified to, according to the form prescribed in like cases for clerks of the late district courts, shall authorise such clerk to proceed in the discharge of the duties of his office aforesaid, to the same extent and under the same restrictions, as the clerks of the late district courts, appointed in vacation, could have done. 8. Be it further enacted, That no suit at the rules in the late district courts, when the district court law was repealed, shall be which were at the discontinued in consequence of the rules in the respective clerks' offices, not having been held between the period of the expiration of the district court law and the commencement of the operation of the act establishing a superior court of law in each county. Rep'ling clause. 9. So much of the above recited act, as comes within the purview of this act, shall be, and the same is hereby repealed. 10. This act shall commence and be in force from and after the first day of June next. Commencement. See sess❜ns acts of 1808, ch. 18, ante ch. 19. to attest certain vouchers. CHAP. LI. An Act to amend the fourth section of the Act, entitled "an Act for the Government and Regulation of the Manufactory of Arms. [Passed February 8, 1810.] Duty of the clerk 1.BE it enacted, That so much of the fourth section of the act, entitled "an act for the government and regulation of the manufactory of arms," as directs that every voucher admitted in discount of any contract entered into, for work to be performed in making arms, or completing the buildings or machinery, or keeping them in repair, shall be certified by the clerk of the manufactory of arms, shall be, and is hereby repealed; and it shall hereafter be the duty of such clerk to attest such voucher or vouchers instead of certifying the same, as by the said section is now direeted. declared valid. 2. And be it further enacted, That all vouchers which have been Certain vouc admitted in discount, since the passing of the above recited act, and have been certified and attested as aforesaid, shall be, and the same are hereby declared good and valid; any law to the contrary notwithstanding. 3. This act shall commence and be in force from and after the Commencement. passing thereof. CHAP. LII. An Act to amend an Act, entitled "an Act concerning the Upp er See sessions Appomattox Company." [Passed January 1, 1810.] acts of 1807, cha 88. HEREAS it is represented to the General Assembly, That Preamble. the Upper Appomattox Company have not completed their canal, locks and other works; and the time fixed for the superintendants of the said company to return the money which might be drawn to defray the state's proportion of expense, kas occurred before the work was finished, or the whole sum drawn, which was directed by the act, entitled" an act concerning the Upper Appomattox Company," passed February, one thousand eight hundred and eight, and it is judged unreasonable, that the superintendants or their securities should be personally liable for the money expended in carrying on the commonwealth's proportion of the said works; 1. Be it therefore enacted, That the superintendants of the said Company authocompany may, and they are hereby authorised, to draw upon the rised to draw on treasurer of the state for one fourth of the expenses which may be treasurer for cer necessarily incurred in completing the said canal, locks and other tain amount. works; and the auditor of public accounts shall issue his warrant for the same upon the treasury, which shall be paid out of any money therein Provided, That the draft or drafts shall not exceed two thousand five hundred dollars; And provided further, That the Proviso. said Appomattox Company, before any money is drawn from the treasury, shall execute a bond in their corporate capacity, to refund the same with interest to the state, on or before the twentyfifth day of December, in the year one thousand eight hundred and twelve. 2. And be it further enacted, That in lieu of the bond taken Certain bond giv. from the superintendants and their securities, it shall be lawful, en to the state, and the treasurer is hereby directed, to take from the Upper Ap- may be changed. pomattox Company, in their corporate capacity, a bond for the same amount, bearing like interest, payable on the twenty-fifth day of December, in the year one thousand eight hundred and twelve; and on such bond being executed, the treasurer is hereby directed to deliver up, to be cancelled, the bond heretofore executed by the superintendants. 3. This act shall be in force from the passing thereof. CHAP. LIII. An Act concerning the Lower Appomattox Company. 1. BE E it enacted by the General Assembly, That the further time of seven years, to be computed from the first day of March next, shall he, and the same is hereby allowed the presi Commencement. Mode of charging toll. Proviso. Proceedings when persons shall refuse to pay toll. Powers granted in certain cases to the river. dent and directors of the Lower Appomattox Company, to com, plete the navigation of Appomattox river; and so soon as the said president and directors shall have rendered the said river navigable, at high water mark in common flood tides, for vessels drawing seven feet water, it shall be lawful for the said president and directors, and they are hereby authorised to demand and receive of all vessels navigating the said river, laden wholly or in part, and amounting to fifteen tons and upwards, fifteen cents on every ton such vessel carries, in lieu of all other toll: Provided however, That nothing herein contained shall be so construed as to authorise the said president and directors to demand or receive toll of vessels lightening or loading other vessels which pay toll, or of such as bring hay or firewood to market, or of open boats. 2. And if any owner or master of a vessel shall refuse or neglect to pay toll at the time of offering to pass, the toll gatherer may lawfully refuse passage to such vessel; and if any vessel subject to the payment of toll as aforesaid shall pass without paying the same, the master, owner or skipper of such vessel shall forfeit and pay to the president and directors, for the use of the said company, seven dollars for every foot of water which such vessel may draw, to be recovered by motion in the Hustings Court of the town of Petersburg, ten days previous notice of such motion having been given to such master, owner or skipper. 3. And be it further enacted, That whenever it shall be deemed expedient by the said president and directors to contract the contract width of breadth of the said river, by jetties, it shall be lawful for the said president and directors to carry their abutments to high water mark on the shores of the said river, not actually used as seine fish ing places. Penalties on offenders. When company shall be entitled to receive tolls. Commencement. See 2d vol. Rev'd 4. And if any person shall remove or otherwise injure the said jetties or posts which may be necessary to denote the channel of the said river, the person so offending shall forfeit and pay twenty dollars, recoverable in the name and for the use of the said president and directors of the said company, before any alderman for the town of Petersburg. 5. And be it further enacted, That whenever the said president and directors shall have completed the navigation of the said river, according to law, and shall apply to the Hustings Court of the said town, they shall thereupon proceed to appoint five commissioners, whose duty it shall be to examine upon oath whether the navigation of said river is completed according to the true intent and meaning of this act; and if the report of the said commissioners, which shall be entered of record, shall be affirmative, then, and not otherwise, the said president and directors shall be entitled to the tolls hereby granted. New tariff of tolls 1. to be established 6. This act shall be in force from the passing thereof. CHAP. LIV, An Act concerning the Dismal Swamp Canal Company. BE [Passed January 23, 1810] E it enacted by the General Assembly, That as soon as the consent of the Assembly of North Carolina shall be obtainas soon as consent ed, it shall be lawful for the president and directors of the Dismal of North Carolina Swamp Canal Company, and they are hereby authorised to demand and receive, in lieu of the tolls heretofore allowed by law, tolls according to the following table and rates, to wit: is obtained. Every ton of pig iron or castings, Cents 100 50 34 25 2 12 1-2 10 61-4 10 61-4 25 150 50 50 8 Every ton of stone or iron ore, other than ballast of the. Every ton of copper, lead or other ore, other than iron ore, 42 Every hundred bushels of lime or shells, Every thousand of bricks or tiles, Every hundred of pipe staves, Every hundred of hogshead staves, or pipe or hogshead Every hundred of barrel staves or barrel heading, 10 50 42 20 12 1-2 8 18 3-4 50 50 25 100 Every hundred cubic feet of all other timber (excepting masts or bowsprits, the length whereof exceeds 50 feet,) 75 Every hundred cubic feet of masts or timber, the length whereof exceeds 50 feet, Every hundred pounds of brown sugar, All other produce, goods or merchandize, one fourth per Every boat or vessel exceeding one ton burthen, whether Provided, That nothing in this act contained shall be so con strued as to deprive any subsequent legislature of the right to di- Provisą, minish the said tolls. 2. This act shall commence and be in force from and after the Commencement. passing thereof. |