surer.

VI. And be it further enacted, That the treasurer shall keep separate and distinct accounts of all monies, Duty of treawarrants, or other articles received by him on account of the public, and carry the same to the credit of the respective funds, to which they are by law appropriated; and that the said treasurer shall on no pretence whatsoever interfere with the said funds contrary to the appropriations made thereof.

VII. And be it further enacted, That the annual books of the said auditor, after the balances of the several accounts therein are carried to a new set as aforesaid, shall be delivered to the solicitor, in order for him to prepare a general statement of the public revenue, the sums paid under each appropriation, and the amount of each received, shewing the balance either for or against the public; for which purpose the solicitor shall have free access to the treasurer's books, point out the mode of stating the same, shewing the nett amount of every species of taxation, and how far the several appropriations have been complied with, and report the same to each session of general assembly. The said solicitor shall also point out the mode by which the auditor shall state his accounts, and assist the said auditor in stating the same, and also in examining the returns from the several sheriffs and other public collectors.

Balances to

be delivered to solicitor.

number of

auditors.

VIII. And be it further enacted, That on the first Duty of soli, day of March next, the auditor appointed to direct the citor on restatement of the public books, and to keep an account duction of with the treasurer, shall be discontinued. The said solicitor shall, with the assistance of a clerk appointed for that purpose, proceed to state all balances of the ge neral accounts in the said office prior to the said first day of January, one thousand seven hundred and eighty-six, and from thence to the first of March next, in a special book, distinguishing between specie, commutibles, and paper transactions, and the balances due under the former government from inspectors, sheriffs, naval-officers, and county court clerks, and all other public debtors; which account of balancés, accurately stated, shall be by the solicitor laid before the next general assembly.

IX. And be it further enacted, That the said audi- Clerks to autor of public accounts shall be allowed two clerks, one ditor.

of which shall be called chief clerk, who shall perform

form his du

When chief the duties of the said auditor, in case of sickness, and clerk to per- shall be allowed the sum of fifty pounds per annum, in consideration of that trust, in addition to the present salary.

ties.

Clerks to

X. And be it further enacted, That the treasurer treasurer and and solicitor shall each be allowed the same number of clerks, as are now employed in their respective offices.

solicitor.

XI. And be it further enacted, That so much of any other act or acts, as comes within the purview of this act, shall be, and the same is hereby repealed.

Courts of Loudon and

Fauquier au

thorised to keep in repair the road leading from Ashby's gap

to Alexan

dria.

CHAP. XXXIV.

An act authorising the courts of Loudon and Fauquier to keep a certain road in repair.

1. WHEREAS it is represented to this present general assembly, that the road leading from Ashby's gap to Alexandria, runs about thirteen miles alternately in the counties of Loudon, and Fauquir, in such manner that it is difficult and inconvenient to have the same repaired in the mode prescribed by law: For remedy whereof,

II. Be it enacted, That it shall be lawful for the courts of the said counties, and they are empowered to appoint and allot so many hands as they shall think proper, to work on and assist in keeping the said road in repair, from Glasscock's, near the foot of the Blue Ridge, to the lower end of Margery Batson's plantation, as well within their county as without, and the hands so allotted, shall be subject to the like fines and penalties for neglect of duty, and recoverable in either of the said counties, in manner directed by the act "Concerning public roads."

CHAP. XXXV.

An act appropriating certain public taxes to the opening a waggon road from the State road to the mouth of the Little Kanawha, and for other purposes.

the Little

1. WHEREAS it has been represented to the pre- Taxes of Har, sent general assembly, that it will be of public utility rison county, to open a road from the state road to the mouth of the appropriated Little Kanawha, or as near thereto as the situation of to the opening of a road the land will admit: And whereas the inhabitants of from the the county of Harrison, through which the said road State road to is to run, have from their situation on the frontier of the mouth of the state, been exposed to the ravages of the Indians, Kanawha, and thereby rendered unable to pay their proportion of the public taxes in specie, and have petitioned this assembly that they may be permitted to discharge the arrears now due, and a proportion of those, which will become due, by labour or in supplies necessary for the opening of the said road, which, when effected, will enable them in future, by communication with the western country, to pay their taxes:

II. Be it therefore enacted, That William Haymond, Nicholas Carpenter, John Powers, Hezekiah Davison, Thomas Webb, John M'Cully, and Daniel Davison, gentlemen, or a majority of them, shall be, and they are hereby authorised and required, after having taken an oath before the court of the said county of Harrison, and entered into bond with security in the penal sum of four thousand pounds, payable to the governor and his successors, for the use of the commonwealth, for the due 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 Harrison, Monongalia and Ohio,) and then and there proceed to let to the lowest bidder, the opening a waggon road at least thirty feet wide, from such place upon the state road, as a majority of the said commissioners shall think most proper, to the mouth of the Little Kanawha,

or as near thereto as the situation of the land will admit, to be finished fit for the passage of waggons within three years, taking bond with 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 Harrison, for personal labour, or supplies of money, or any thing 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 Harrison shall receive in payment for the taxes due from the holder thereof; and the sheriff shall be allowed a credit for all such certificates by him received, at the treasury, in the settlement of his accounts. for the taxes for the year one thousand seven hundred and eighty seven.

III. Provided always, and be it further enacted, That the said commissioners shall furnish the auditor of public accounts with a transcript of their books 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 auditor of public accounts. Every person in the said county of Harrison, failing to contribute so much to the opening the said road as will be sufficient to discharge his taxes now due, on or before the first day of June next, it shall and may be lawful for the sheriff of the said county of Harrison 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 court of the said county of Harrison; provided the sheriff has ten days previous notice of such motion. The clerk of the said county of Harrison, shall transmit to the executive, a copy of the bond entered into by the commissioners, together with a certificate of their taking the oath directed by this act, within six months thereafter, under the penalty of one hundred pounds, to be recovered by action

of debt or information, with costs, in any court of record, to the use of the party who will sue for the same. All proceedings against the sheriff of the said county of Harrison, respecting the said taxes, except as herein before directed, shall be suspended until the first day of May, one thousand seven hundred and eighty eight. Provided always, That the amount of the certificates to be granted pursuant to this act, shall not exceed the sum of two thousand pounds; nor shall the sheriff of the said county be allowed in the settlement of his accounts with the public, for more certificates than the amount of that sum. And whereas it has also been represented, that it will be of public utility to open a road from Morgan's town, in the county of Monongalia, to a new fishing creek, on the river Ohio:

creek, on the

Certain taxes

IV. Be it therefore further enacted, That Michael Provision for Carns, David Scott, James Coburn, Jacob Scott, opening a George Hiley, Ebenezer Zane, John Boggs, and Ben Morgan jamin Davies, gentlemen, or a majority of them, shail Town to the be, and they are hereby authorised and required, after mouth of having taken the oath before either of the courts of the Fishing counties of Monongalia or Ohio, and given bond and se- Ohio curity as is before directed for the other commissioners, to proceed in like manner towards having a road open- of Mononga ed from Morgan Town, in the said county of Monon- lia and Ohio galia, to or as near Fishing creek, on the river Ohio, appropriated as the situation of the ground will admit, under the like rules, regulations, and directions as are herein. prescribed for opening the road to the mouth of the Little Kanawha. The sheriffs of the said counties of Monongalia and Ohio respectively, shall be answerable for the taxes of the said counties in like manner, and at the same time, as the sheriff of the county of Harrison. The certificates to be issued by the commissioners of Monongalia and Ohio, shall not exceed the sum of one thousand pounds; nor shall the sheriff's of the said counties be allowed in the settlement of their accounts with the public, for more certificates than the sum of five hundred pounds in each county.