the delegates to Congress shall be eligible to either house of Assembly, shall be, and the same is hereby repealed. 11. And be it further enacted, That if any member of either house of assembly shall accept of an appointment to congress, the seat of such member, in either house of assembly, shall be thereby vacated. [Chapter CLVH in original ] Preamble. Trustees for clearing Roanoke river. CHAP. XIII. An act for clearing Roanoke river. 1. WHEREAS extending the navigation of the river Roanoke from the falls, upwards to the fork of Staunton and Dan rivers, and up the said rivers Staunton and Dan to the head thereof, will be of great benefit and advantage, as well to the inhabitauts of the interior part of this state as to the public in general, and it is represented to this present general assembly that many persons are willing and desirous to subscribe and contribute thereto, for the encouragement thereof: For such laudable and useful undertaking, II. Be it enacted by the present General Assembly, That Patrick Henry, Paul Carrington, Joel Watkins, Isaac Coles, Samuel Goode, Robert Wooding, James Callaway, Charles Lynch, Henry Walker, John Coleman, William Morton, Robert Adams, John Wilson, Peter Perkins, William Harrison, John Marr, and Edward Moseley, gentlemen, be, and they are hereby nominated, constituted, and appointed, trustees, for clearing so much of the said rivers as shall be within this state; and they are hereby respectively authorized and empowered to take and receive subscriptions for that purpose; and if any person or persons shall neglect, fail, or refuse to pay the several sums of money respectively subscribed, for the purpose of this act, it shall and may be lawful for the said trustees respectively, or undertaker, to sue for and recover the same, in the name of the trustees, or undertaker for clearing the rivers, whereof they are by this act respectively ap pointed trustees; by petition where the subscription shall not exceed five pounds, and where the same shall be above that sum, by action of debt III. And be it further enacted by authority aforesaid, Powers of That the said trustees respectively, or a major part of trustees. them, shall have full power and authority to contract and agree with any person or persons for clearing so much of the said rivers as shall be within this state, in such manner as to the said trustees shall seem most proper, and to remove all hedges and rocks, or stops, which the said trustees shall think may in any wise obstruct the said navigation. IV. And be it further enacted by the authority afore- May appoint said, That the said trustees respectively, or the major part a receiver. of them, from time to time, as often as they shall see occasion, shall and may nominate and appoint one or more of their number, willing to undertake the same, to be receiver or receivers of all monies that shall be subscribed for the purpose of this act; who shall, in the court of the county where he or they shall reside, give bond with sufficient security, in a reasonable penalty, to this commonwealth, with a condition that he or they, his or their executors and administrators, at all times when required, shall and will truly and faithfully account with the said trustees or undertaker, for all monies which shall come to the hands of such receiver or receivers, for the purpose of this act, and pay the same to such person or persons as the said trustees, or the major part of those who agree to act, shall order and direct. ed. V. And be it further enacted, That in case of the Vacancies, death, resignation, or removal out of the country, or how suppli the legal disability, of any one or more of the said trustees before named, it shall and may be lawful for the surviving or remaining trustees, or any seven of them, from time to time, to elect and choose so many persons in the room of those so dead, resigned, removed, or disabled, as sha'l make up the number of seventeen; which trustees, so chosen, shall be vested with the same power and authority as any others in this act particularly named. Hedges, VI. And be it further enacted by the authority afore- stone stops, said, That all hedges or stone stops, already made a &c across the rivers, cross any part of the said rivers Roanoke, Staunton, how removand Dan, within this state, shall be taken up and de- ed. stroyed by the person or persons who made or placed the same; and that in future no hedge or stone stop, that in any wise obstructs the course or passage of the said rivers, shall be placed or set therein; and it shall, be lawful for any person or persons whatsoever, at any time, to pull up and destroy any and every hedge or stone stop by him or them already set up or made; or who shall hereafter presume to set up or make any in the said rivers as aforesaid, shall forfeit and pay five thousand pounds of tobacco for every such offence; and if after conviction, the person or persons so offending, shall suffer such hedge or stone stop to continue, and not pull up the same, he or they shall forfeit and pay two thousand pounds of tobacco for every week the same shall be suffered to remain; both which forfeitures shall be recoverable with costs, by action of debt, in any court of record within this state, wherein the same shall be cognizable; one fourth thereof to the informer, the other three fourths to the trustees, to be applied to the purpose of clearing the said rivers. Ch. CLVIII in original. [Chan. Rev. pa. 201.] See May 1777, c. 3. Quakers and Menonists exempted from incapa cities for non-juring. CHAP. XIV. · An act to repeal so much of any act or acts of assembly as subject the people called quakers and menonists to penalties or disabilities for non-juring. 1. WHEREAS by an act, intituled, "An act to 0blige the free male inhabitants of this state above a certain age to give assurance of allegiance to the same, and for other purposes," non-jurors are prohibited from purchasing lands, suing for debts, and are subject to other disabilities; which said prohibition is greatly oppressive on those peaceable and industrious people of the community, known by the names of quakers and. menonists, who from conscientious scruples have declined giving that assurance of allegiance which is enjoined by the above recited act: For remedy whereof, Be it enacted, That so much of the said act, and any other law, as does disable any person or persons that are bona fide in religious fellowship with the said people called quakers, or with the people called menonists, from exercising and enjoying the rights and privileges they might have done in case the said act or acts had never been passed, shall be, and the same is hereby repealed. Confirma, II. And be it further enacted, That where any qua- tion of heir ker or quakers, menonist or menonists, shall have pur- purchases. chased lands or other property, such purchases shall be deemed valid, and held in the same manner as if the above recited act or acts had never been made. CHAP. XV. An act for granting pardon to John Holland. Ch. CLIX in original. land, con doned. I. WHEREAS John Holland was, in October last, John Hol sentenced by the general court to be hanged for an act victed of of treason against this state; execution of which sen- treason, partence was by the last assembly respited until the present session, and the said John Holland hath made application to be liberated and absolved from the said sentence, and it is judged reasonable to extend mercy to him: 11. Be it therefore enacted, That the said John Holland shall be, and he is hereby pardoned for the said offence; and execution of the said sentence shall not be made, but the keeper of the public jail shall discharge him from custody. Chap. CLX in original. Peter Heron his Most Christian CHAP. XVI. An act concerning Peter Heron, a subject of his Most Christian Majesty. I. WHEREAS Peter Heron, master of the brigana subject of tine Lark, and a subject of his Most Christian Majesty, arrived in James river the 27th ultimo, and from his non-acquaintance with the laws and language of the permitted to country, his said vessel and cargo were subjected to seizure, and arrested by the marshal of the admiralty; and it appearing that the said Heron had no intention of defrauding the state of her duties, Majesty, enter his vessel, tho' subject to seizure. II. Be it therefore enacted, That the said vessel and cargo be discharged, and admitted to entry with the naval officer where she arrived, upon paying the customary duties, office fees, and expences of seizure; any law to the contrary notwithstanding. [Chap. CLX in original] [Chan. Rev. p. 201.] CHAP. XVII. An act to authorize the auditors to grant new warrants and certificates in certain cases. New war- 1. BE it enacted by the General Assembly, That it rants & cer- shall be lawful for the auditors of public accounts, and tificates may be issued by they are hereby directed and required, upon applicaauditors, tion, to issue other warrants and certificates where forwhere origi- mer ones by them granted shall be lost and not paid; and where any such warrants or certificates shall have been granted for paper money, to reduce and liquidate the same agreeable to the legal scale of depreciation. nals lost. Oath & bond II. Provided always, and it is further enacted, That by applicant. every person making application as aforesaid, shall, before other warrants or certificates be issued, take an oath to be administered by either of the auditors, or bes |