Potowmack company au.

thorised to

cut a canal

II. Be it enacted by the General Assembly, That any canal which shall be cut or made on one level by the Potowmack company, at the Great or Little falls of Potowmack river, supplied by the current of that river, containing containing two feet of water at the least in dry seasons, two feet wa ter, instead of and communicating again with the river by locks, if four, at cernecessary, the spaces between the locks, if they should tain places. be placed distant from each other, containing four feet depth of water, shall be equally available to every intent and purpose as if the whole of such canal had been made to contain four feet depth of water, agreeable to the directions of the said acts; any thing in the said acts to the contrary, notwithstanding.

III. This act to take place as such, on a similar law being passed by the legislature of Maryland, and not otherwise.

CHAP. XXIV.

An act for adding part of the county of Nansemond to that of Southhampton.

Part of the county of

added to Southampton

BE it enacted by the General Assembly, That from and after the first day of March next, all that part of Nansemond county, lying south of the rivers Black- Nansemond water and Nottoway, shall be added to and made part of the county of Southampton. The court of the said county of Nansemond shall have jurisdiction of all actions and suits, in law or equity, depending before them on the said first day of March. Provided always, That nothing herein contained shall be construed to hinder the sheriff or collector of the said county of Nansemond, from collecting and making distress for any levies, taxes, or officers fees, which may be due and unpaid by the inhabitants of that part of the said county hereby added to the county of Southampton; but such sheriff or collector may collect and distrain for the same and shall be answerable in like manner, as if this act had not been made,

Franklin

County form

ed from Bed

ford & Henry.

Boundaries.

CHAP. XXV.

An act for forming a new county out of the counties of Bedford and Henry.

I. BE it enacted by the General Assembly, That all that part of the county of Bedford lying south of Staunton river, together with so much of the county of Henry lying north of a line to be run from the head of Shooting creek, to the west end of Turkey-cock mountain; thence along the top of the mountain to intersect the dividing line between the counties of Henry and Pittsylvania; thence along that line to the mouth of Black-water river; shall from and after the first day of January next, form a distinct county, and be called and known by the name of Franklin: That a court for Court days. the said county of Franklin shall be held by the justices thereof on the first Monday in every month, after such county shall take place, in like manner as is provided by law for other counties, and shall be by their commissions directed. That the justices to be named in the commission of the peace for the said county of Franklin, shall meet at the house of James Callaway, at his iron works in the said county, upon the first court-day after the said county shall take place; and having taken the oaths prescribed by law, and administered the oath of office to, and taken bond of the sheriff, according to law, proceed to appoint and qualify a clerk, and fix upon a place for holding courts in the said county at or as near the centre thereof as the situation and convenience will admit of; and thenceforth the said court shall proceed to erect the necessary public buildings at such place, and until such buildings be completed, to appoint any place for holding courts as they shall think proper. Provided always, That the appointment of a place for holding courts, and of a clerk, shall not be made unless a majority of the justices of the said county be present; where such majority shall have been prevented from attending by bad weather, or their being at the time out of the county, in such case the appointment shall be postponed until some court-day when a majority shall be present. The

governor, with advice of the council, shall appoint a person to be first sheriff of the said county, who shall continue in office during the term, and upon the same conditions, as is by law appointed for other sheriffs.

II. Provided also, and be it further enacted, That it shall and may be lawful for the sheriffs of each of the said counties of Bedford and Henry, to collect and make distress for any public dues or officers fees, which shall remain unpaid by the inhabitants thereof at the time the said county shall take place, and shall be accountable for the same in like manner as if this act had never been made. And that the courts of the said counties of Bedford and Henry, shall have jurisdisdiction of all actions and suits, in law or equity, which shall be depending before them at the time the said county shall take place, and shall try and determine the same, and issue process, and award execution thereon. In all future elections of senators, the said county of Franklin shall be of the same district as the counties of Bedford and Henry.

CHAP. XXVI.

An act for ascertaining a part of the boundary line between the counties of Goochland and Fluvanna.

1. WHEREAS part of the line between the coun- Boundaryline ties of Goochland and Fluvanna, cannot be clearly ascertained in consequence of the destruction of the marked trees;

between counties of Goochland & Fluvanna as

11. Be it therefore enacted, That a straight line shall certained be run from the bank of James river, beginning at a rock called Golgotha, a small distance below Ross's ferry landing, to a marked tree in the line between the said counties standing near the road, leading from Goochland court-house to Fluvanna court-house. The said line to be run in the presence of a magistrate from each county, and at the expence of the county of Flu

vanna.

Great Kenaw

taxes of Greenbrier, or accepting personal la

CHAP. XXVII.

An act appropriating certain arrears of public taxes to the opening a waggon road from the eastern to the western waters.

Provision for 1. WHEREAS the commissioners appointed puropening a suant to a resolution of the general assembly at the last from the town session, to examine the most convenient course for a waggon road, of Lewisburg road from the highest navigable part of James river, to the lower to the nearest navigable part of the waters running infalls of the to the Ohio, have reported the practicability of the ha, by apsame; and it appears to this assembly that the opening propriating the said road will greatly co-operate with and facilitate the scheme for opening and extending the navigation of the said river, and that the expence thereof may be defrayed by a mode convenient to the public, and productive of ease and relief to the inhabitants of the county of Greenbrier (through which the said road must pass) who from their exposed situation to the incursions of the savages, their recent settlement in that county, and distance from navigation, are unable tò discharge their taxes, without great distress, but are willing and desirous to discharge the same by labour, or in supplies necessary for the opening the said road, which, when effected, will remove the disability in future of paying the public taxes, and produce great benefit, by opening trade and communication with the western country:

bour from the

inhabitants.

II. Be it therefore enacted by the General Assembly, That Samuel Brown, James Henderson, William Poage, Andrew Donnelly, and George Clendinen, gentlemen, or a majority of them, shall be, and they are hereby authorized and required, after having severally taken an oath before the court of the said county of Greenbrier, and entered into bond, with security, in the penal sum of ten thousand pounds, payable to the governor and his successors, for the use of the commonwealth, for the due, faithful, and impartial execution of their office, to appoint a time and place of meeting, giving two months previous notice thereof by advertisement at the courthouse door of each of the counties

of Greenbrier, Augusta, Rockbridge, and Botetourt, and then and there proceed to let to the lowest bidder, the opening a waggon read at least thirty feet wide, from the town of Lewisburg in Greenbrier, to the lower falls of the Great Kanawa, to be finished and completed fit for the use of waggons, within two years, taking bond and good security, in a sufficient penalty, from the undertakers, payable to the said commissioners, for the due execution of the said work, in the term aforesaid. The said undertakers shall have power to contract with any person or persons, inhabitants of the said county of Greenbrier, for personal labour, or supplies of money, or any thing that may be necessary in aid of the said work, and shall give certificates to the person or persons so contributing, to the amount of whatever they have furnished; which certificates, when countersigned by one or more of the said commissioners, the sheriff of the said county of Greenbrier shall receive in payment for the taxes due from the holder thereof; and the sheriff shall be allowed a credit for allsuch certificates by him received, at the treasury in the settlement of his accounts for the arrears of taxes due from his county.

III. Provided always, and be it further enacted, That the said commissioners shall furnish the auditors of public accounts with a transcript of their book of accounts, before any certificates shall be allowed the sheriff in the settlement of his accounts, and no certificate shall be allowed unless the same is countersigned by one or more of the said commissioners, and entered in the transcript sent by the said commissioners to the auditors of public accounts. All proceedings against the sheriff of the said county of Greenbrier, respecting the said arrears of taxes (except as hereafter excepted) shall be suspended until the first day of May, one thousand seven hundred and eighty-eight. Every person

in the said county of Greenbrier, failing to contribute so much to the opening of the said road as will be sufficient to discharge his arrears of taxes, on or before the first day of January next, it shall and may be lawful for the sheriff of the said county of Greenbrier to collect and distrain for the same, and pay the amount thereof to the said commissioners within two months thereafter, and on failure so to do, the said commissioners may recover the said amount by motion in the VOL. XII.

K