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o the governor with advice of the council, shall have

notified by proclamation published in the Virginia
gazette, that it is judged probable the plague or other
pestilential disease may be brought from any place, il
a vessel from such place shall be coming into a port
of the commonwoaltlt; the naval-officer, or person who
shall be authorized to see quarantine performed, shall

go off or cause some other to go of' to the vessel, and m. ruke ** at a convenient distance require the commander to de

clare what is his name, at what places the cargo was

en taken on board, at what places the vessel touched in Ya her passage, whether any of those places were infected

with the plague or any other pestilential disease, how
long the vessel had been in her passage, how many

persons were on board when she set sail, whether any
on board during the voyage had been infected with the
plague or other pestilential disease, and who they are,
how many died in the voyage, and of what distemper,
what vessels he or any of his company with his privity
went on board of, and whether any of their company
had been on board of his vessel in their voyage, and
to what places those vessels belonged, and what are
the contents of his lading. And if it shall appear by
the examination that the vessel ought to perform quar-
antine, the officers of the ships of war and forts and
garrisons, or other officers civil or military of the com-
monwealth, having notice thereof, and other persons
called to their assistance, may force such vessel by vi-
olence, and if necessary by firing guns at her, to go to
the place appointed for quarantine. The master of a

yessel coming from a place infected with the plague or Various pen

other pestilential disease, or having any person on alties, board so infected, who shall conceal it, or who shall

not give true answers to the questions so to be pro-
pounded to him, shall be amerced the sum of five hun-
dred pounds. The master of a vessel ordered to per-
form quarantine, when he shall be required, after his
arrival at the place appointed, shall deliver to the offi-
cer authorized to see it performed ihere, the bills of
health and manifests he shall have received during the
voyage, with his log book and journal; and refusing
or meglecring so to do, or to repair in convenient time
afier notice to the place appointed, or escaping from

before quarantine performed, shall be amerced
the sum of five hundred pounds. Persons ordered to

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perform quarantine, if they shall escape, may be compelled to return, or if they shall attempt to escape, may be detained by the persons who shall be authorized to see the qurantine performed, and who may employ force and call for the assistance of others, if it be necessary, for this purpose. Any person going on board a vessel or into a place under quarantine, without license from the superintendant thereof, may be compelled to remain there, in the same manner as might have been if he had been one of the crew of the vessel. A naval officer, or person authorized to execute an order concerning quarantine, guilty of wil. ful breach or neglect of duty, shall be amerced the sum of one thousand pounds. And any person embezzling or wilfully damaging goods performing quarantine under his direction, shall be liable to the party injured for treble the value of the damages sustained thereby,

The vessel, persons, and goods, after quarantine performed, certificate thereof, and that they are free from infection, being given by the superintendant, shall be no further restrained by virtue of this act. A person authorized to see quarantine performed, or a watchman upon any vessel, place, or goods under quarantine, deserting his duty, or willingly permitting a person, vessel, or goods, to depart, or be coneyed away from the place where the quarantine ought to be performed, without a lawful licence; or a person empowered to give a certificate of the performance of quarantine, knowingly giving a false certificate, shall be amerced the sum of one hundred pounds. The forfeitures inflicted by this act shall be to the use of the commonwealth, and shall be recovered by action of debt, in which action the defendant shall be ruled to give special bail. II. And be it further enacted, That the governor

Expences, in council, shall direct the auditors to issue their war

how defray. rants on the treasurer for such sums of money as may ed. be necessary for the support of the persons performing quarantine and those appointed to see it formed, who is directed to pay the same out of the public money in his hands, appropriated to defray the contingent charges of government, and shall be repaid by the master or owner of the vessel, after quarantine performed

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said communication.


CHAP. XX. in original.

An act for cutting a navigable canal
from the waters of Elizabeth river:

to the waters of North river.
1. WHEREAS the opening a communication of
ihe waters of Elizabeth river with those of North river,
will be of great benefit and advantage, as well to the
inhabitants of the interior parts of this state as those of
the state of North-Carolina, and it is represented to
this present assembly that many persons are willing
and desirous to subscribe and contribute thereto: For
the encouragement therefore of so useful an underta-

II. Be it enacted, That Thomas Brown, George Trustees ap- Kelley, Peter Singleton, Josiah Parker, William receive subo White, James Hunter, John King, Daniel Sandford, resepi nasib and Solomon Shepherd, gentlemen, are hereby refor cutting a spectively authorized and empowered to take and recanal, from ceive subscriptions for that purpose.

And if any perEbzabeth ri- son or persons shall neglect, fail, or refuse to pay the ver to North several sums of money by them respectively subscribed river.

for the purposes of this act, it shall and may be lawful
for the said trustees respectively, to sue for and recover
the same in the name of the trustees for opening the

III. And be it further enacted, That the said trus
lees, or the major part of them, shall have full power
and authority to contract and agree with any person
or persons for opening the said communication for the
passage of vessels, in such manner as to the said trus-
tees shall seem most proper; and it shall and may be
lawful for the said trustees, or any person or persons
employed by them in the execution of this act, to go
on the lands of any person whatsoever, and to dig, cut
out, and open such canals or aqueducts, for the pas-
sage of the waters of the said rivers, and to build and
place such locks therein as they shall tlink proper,
without being subject to any action for the same; and
if any suit shall be commenced for any thing to be
done in putsuance of this aets the person or persons
säed may plead the general issue, and give this act in


per part

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shall not be lawfvl for a canal or aqueduct to be cut or opened in any other place within the counties of Princess Anne or Norfolk.

VII. And be it further enacted, That the trustees, or the major part of them, shall and may exact, demand, and receive, a toll from all vessels entering into or passing through the said canal, so as such toll do not annually exceed ten per centum on the amount of the money expended in opening the said canal; and if any person or persons entering into or passing through the said canal, shall neglect or refuse to make present payment of the toll, it shall and may be lawful for the said trustees, or any person deputed by them for that purpose, to stop such vessel, and seize and sell so much of the loading or tackle as will be sufficient to pay the toll. If any person shall presume to exact a greater toll than is fixed by the trustees, or shall make nnreasonable seizure, he shall for every offence forfeit and pay the sum of twenty pounds, to be recovered with costs by information in any court, to the use of the informer, and moreover be liable to the action of the party grieved for damages.

VIII. And be it further enacted, That it shall not be lawful for any person whatsoever to erect, raise or build, any hedge or stop in the said canal; and if any person shall presume so to do, he or they so offending, shall forfeit and pay the sum of one hundred pounds; which shall and may be sued for and recovered by the said trustees in their names, and shall be applied towards repairing the said canal.

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