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by deeds of bargain and sale convey, for the best price tat can be got for the same, the said tract of land with the appurtenances, by such description as they shall think lit, to any person or persons, who shall be willing to purchase the same, to hold to such purchas. er or purchasers in fee-simple, and when the same shall be so sold and conveyed, in trust, for and towards purchasing, with the money arising by such sale, a convenient tract of land for a glebe, for the use of the parson of the said parish of Washington, for the time being for ever, and for building thercon according to the directions of the act of Assembly in such case made and provided.

CHAP. XL.

An Act for elearing Appomattox and Pa

munkey rivers.

I. WHEREAS the upper part of the rivers Appomattox and Pamunkey are become useless to the inhabitants of this colony, by means of mill-dams, fishhedges, and other obstructions therein, for remedy thereof:

II. BE it enacted hy the Lieutenant-Governor, Coun- Appomattox cil, and Burgesses, of this present General Assembly, and Pamunand it is hereby enacted by the authority of the same, key rivers, That the honourable Peter Randolph, esquire; Wil to be clearliam Randolph, George Carrington, Clement Read, John Nash, Benjamin Harris, George Walker, and Joseph Morton, the younger, gentlemen, be and are hereby appointed trustees for the clearing the river Appomattos; and that the honourable William Nelson, esq; the honourable Thomas Nelson, esq; Ralph Wormley, Jolm Chiswell, John Syme, Henry Robinson, William Winston, the younger, and William Dabney, gentlemen, be appointed trustees for the clearing the river of Pamunkey, and the said trustees are authorised and impowered to take and receive subscriptions for the clearing of the said rivers, and they are hereby directed to apply the money, arising from such

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subscriptions, for the clearing the river, to which they are respectively appointed by this act, and they or any 'four of them, may agree with any person or persons for clearing the said rivers, who shall have full pow. er and authority to remove all stops, which they or the said trustees shall think, in any wise, obstruct the navigation of the same.

III. And be it further enacted, That where any mill. dams are raised or built across the said rivers, or either of them, the proprietor or proprietors of such mill or mills, shall within six months after the passing of this sct, tuiki, erect, or prepare a gate, lock or passage, sufficient and convenient for the passing of any boat or other vessel, and if the proprietor or proprietors of any such mill or mills, shall fail to erect, build or prepare such gate, lock, or passage, within six monthis after the passing of this act, then it shall and may be lawful, to and for the said trustees, or the person or persons so appointed by them, to break down and destroy the said mill-dams, any law, usage, or custom to the contrary, in any wise, notwithstanding

IV. And whereas by an act, made in the twenty second year of his present majesty's reign, intituled, An act for clearing rivers and crerks, it is enacted c. That all hedges, or stone-stops, already made across

any river, creek, or run, shall be taken up and destroysed by the person or persons who made or placed the “ same," under a certain penalty therein mentioned, which hath not answered the purposes expected, by reason of the difficulty of fixing the proof on the person or persons offending against the said act, Be it therefore enactailby the authority aforesaid, That the charge of taking up and destroying any hedges and stone-stops, or any part of thein, that shall be standing, or remaining, in either of the said rivers of Appomattox or Paorunkey, on the tenth day of July next, or at any time after that day, shall be repaid to the said trustees respectively, by the person or persons opposite to whose lands the said hedges, or stone-stops, shall be; and the said person or persons permitting them to remain as aforesaid, shall moreover be liable and subject to the penalties by the said recited act imposed.

V. And be it further enacted, by the authority aforesaid, That it shall and may be lawful for the said trus

tees, or any person or persons employed by them in the execution of this act, to pass through, or go on shore upon the lands of any person wbatsoever, without being subject to an action of trespass for the same; and if any suit shall be commenced for any thing done in pursuance of this act, the person or persons surd, may plead the general issue, and give this act in evi. dence; and every court before which such suit shall be prosecuted, where a verdict shall be found for the defendant, or the plaintiff shall be non-suited, shall give judgment for the defendant and treble costs.

VI. And be it further enacted by the authority aforesaid, That it shall be lawful for the said trustees, or persons employed by thein, respectively, to cut or take off the lands of any person adjacent to the said rivers, such, and so much timber', as shall be necessary for the

purposes of this act, and the same shall be viewed and valued, as is directed by an act made in the twenty second year of his majesty's reign, intitulel, An act concerning highways, mill-dams, and bridges, and shall be paid for by the said trustees.

VII. And be it further enacted, That in case of the death, removal out of the country, or other legal disability of any one or more of the trustees before named, it shall and may be lawful for the surviving or remaining trustees, from time to time, to elect and choose so many other persons, in the room of those so dead or removed, as shall make up the number of eight, which trustees so chosen, shall be, to all intents and purposes, vested with the same power as any other in this act particularly nominated and appointed.

CHAP. XLI.

An Act for building a

building a bridge over Appo . mattox river, by subscription.

1. WHEREAS it hath been represented to this Bridge over General Assembly, that a bridge over Appomattox Appomattax

river to be river, from Bolling's point, in the county of Prince

built. George, to the land of John Bolling, gentleman, in

1

the county of Chesterfield, would be very convenient for travellers; and divers of the inhabitants of the said counties have petitioned for leave to build a bridge over the said river by subscription:

II. BE it enacted, by the Lieutenant-Fovernor, Council, and Burgesses, of this present General Assembly, and it is hereby enacted, by the authority of the same, That Jolin Bolling, Richard Eppes, William Kennon, Roger Atkinson, Robert Bolling, Frederick Jones, and William Pride, gentleman, be, and they are hereby nominated and appointed trustees for building a bridge over the said river, at the place aforesaid; and the said trustees, or any four or more of them, shall have power and authority to receive subscriptions from any person or persons, and to apply the money subscribed, towards building, maintaining and keeping in repair the said bridge, in such manner as they the said trustees, or any four or more of them, shall judge neces. sary and convenient, so that the same be not less than twelve feet in breadth, and railed or each side three feet high, with one arch across the channel, at least ten feet above high water, and thirty feet wide, for the passage of fats and other vessels.

III. And be it further enacted by the authorily aforesaid, That upon the death, removal out of the connty, or resignation of any of the said trustees, the other trusters, or any four of them, shall and may elect one or more person or persons, of the same county, in the stead of the trustee or trustees so dying, removing, or resigning, and the trustee or trustees so elected, shall have the same power and authority, as if he or hey had been particularly nominated and appointed by this act.

IV. And be it further enacted, by the authority aforesaid, That the said bridge shall be maintained no longer than the same can be done by subscription, and that neither the justices of the county of Dinwiddie, when the same shall take place, or the justices of the said county of Chesterfield, shall be obliged, at any time hereafter, to build a bridge over the said river, at the place aforesaid, at the charge of their counties; any law, custom, or usage, to the contrary thereof, in any wise notwithstanding.

CHAP. XLII.

in Act for preserving the breed of Sheep.

I. WHEREAS the breed of sheep is greatly diminished in many parts of this dominion; that is to say, Preservation in the counties of James City, York, Warwick, Eliza- of Sheep. beth City, Richmond, Fairfax, Middlesex, Esses, Gloucester, Charles City, King George, Northampton, Westmoreland, Northumberland, Lancaster, Goochland, King William, New Kent, King and Queen, • Prince George, and Princess Anne, by reason that negroes

and other slaves are not restrained from carrying dogs about with them, from place to place, for prevention whereof;

II. BE it enacted, by the Lieutenant Governor, Council, and Burgesses, of this present General Assembly, and it is hereby enacted, by the authority of the same, That from and after the tenth day of June, it shall not be lawful for any negroe, or other slave or slaves, in the counties aforesaid, in going from one plantation to another, to carry with him, her, or them, any dog whatsoever, other than is herein after excepted; and if any slave or slaves, shall presume to carry about with him, her, or them, any dog, contrary to the intention of this act, it shall and may be lawful for any person or persons whatsoever, to kill and destroy every such dog; and moreover, the slave or slaves so offending, shall, upon complaint made before any justice of the peace, receive on his, her, or their bare back, twenty lashes, by order of such justice.

III. And whereas dogs frequently ramble from home, and destroy great numbers of sheep, and some persons

unneighbourly as to refuse their being killed; Be it further enacted, by the authority aforesaid, That it shall and may be lawful for any justice of the peace, upon due proof made to bim, of any dogs killing sheep, to order such dog to be destroyed forth with.

IV. Provided, That nothing herein contained shall be construed to hinder any person or persons from sending his or their slave or slaves, from place to place, with his or their hounds, spaniels, pointing or setting dogs, for his or their diversion, as they might have done before the making of this act.

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