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the purpose of repairing certain roads not used by numbers of the inhabitants of the same; in compelling hands to work upon the said roads whose place of abode is at an unreasonable distance from them, and in the extensive and uncontrouled powers vested in the commissioners appointed by the said acts:
II. For remedy whereof, Be it enacted by the General Assembly, That all coaches, chariots, stage-waggons, chaises, chairs, and other riding carriages, passing up or down the country to, from, or through the town of Alexandria, and travelling along the back road to the ford of Great Hunting creek near Cameron, or along any of the roads between the said back road and Polowrack river, shall pass and repass toll free; unless any such riding carriage shall also travel along the road leading from George-town to Alexandria, in which case, such riding carriage shall be subject to the legal toll at the turnpike established on the said Georgetown road. And that the riding carriages and other. wheel carriages of all and every the inhabitants of the county of Fairfax whose plantation or plantations are so situated that in passing to and from the town of Alexandria, they have no occasion to travel more than one quarter of a mile along the roads leading from the gaps in the blue ridge of mountains to the turnpike ese tablished near the said road, nor along the road leading from George-town to the other turnpike established on the George-town road, shall pass and repass to and from the said town of Alexandria toll-free, upon a certificate thereof being obtained from any two justices of the peace for the said county, describing the plantation or plantations, with the name of the owner or owners entitled to such exemption; which certificates, the justices of the said county of Fairfax are hereby empowered and required to grant to any person or pera sons applying for the same, either from their own knowledge, or upon satisfactory proof made to them that the person or persons so applying are legally entitled thereto; and upon the death or removal of the party to whom any such certificate of exemption shall have been granted, a new certificate sball in like manner be granted to the person or persons respectively succeeding to the possession or occupation of the same plantation or plantations. And for the better information of the keepers of the turnpikes, the person or per
song respectively obtaining such certificates of esemption, shall lodge thein in the lands of the commissioners of the turnpike roads in the said county of Fairfax, or some one of them, who shall cause a proper and distinct list of all such certificates to be entered in books for that purpose, to be kept at each of the turnpikes, and shall return them to the persons to whom they were respectively granted. And to prevent any impositions by the persons applying for such certificates of exemption, as well as deceptions at the turupikes,
Jil. Be it further enacted, That the court of the said county of Fairfax shall be, and they are hereby empowered and required, upon complaint made by the commissioners of the turnpike roads for the said county, and ten days previous notice to the person or persons whose certificate or certificates are complained of, to hear and determine such complaint in a summary way, and to set aside and order to be erased from the turupike books, any certificate or certificates of exemption, which, upon such complaint, shall appear to have been obtained contrary to the true intent and meaning of this act; but on such complaint, or in any other matter respecting the turnpike roads, no commissioner of the said roads shall sit, or give his opinion as a justice of the county. And if any person or persons shall pass througly the said turnpikes or either of them with any wheel carriage not exempted by virtue of this act, or if any of the inhabitants of the county of Fairfax whose wheel carriages are or shall be exempted by virtue of this act, shall pass through the said turnpikes or either of them with wheel carriages laden with, or carrying the produce or commodities of those who are not so exempted, or shall travel with any wheel carriage so exempted more than one quarter of a mile in coming from the country to the said town of Alexandria, withwout paying toll, the person or persons in either case so offending, shall forfeit and pay for every such offence ihe sum of ten shillings, to be recovered with costs, by warrant before any justice of the peace in the said county of Fairfax.
IV. And be it further enacted, That the road leading from Ashley's gap into the road from Snicker's gap, and intersecting the same near the ford of Little River, in the county of Loudoun, shall henceforward be kept in repair, in the same manner, and be subject
to the same rules and regulations in every respect, under the authority of the same commissioners as the other turn-pike roads herein before mentioned.
VII. And be it also enacted, That the third years levy of sixty pounds directed to be assessed on the counties of Fairfax, Loudon, Berkeley and Frederick, respectively, by the act intituled “ An act for keeping certain roads in repair,” shall be and the same is nereby remitted, and shall not be levied or assessed on the property or people of the said counties, or eiuier of them; and no hands shall be compelled to work on any of the said turnpike-roads, whose residence or place of abode is more than three miles from the road to which they have been or shall be allotted in work.
VIII. And be it further enacted, That the courts of Fairfax, Loudon, and Fauquier counties, at their re. spective courts on or before the month of June next, may, and they are hereby required to, appoint each of them, one other commissioner to be added to those who are named in the said recited act for keeping certain roads in repair, which additional commissioner so appointed shall thenceforward have the same powers, and be subject to the same rules and regulations with the other commissioners of the said turnpike-roads. And for continuing the succession of the said commissioners, upon the death, resignation, or removal of any of them, or of any of those who shall herealier be ap. pointed, it shall and may be lawlul for any or either of the county courts of Fairfax, Loudon, Fauquier, Berkeley, or Frederick respectively, in which such death, resignation, or removal shall happen, and they are hereby respectively required, from time to time, to appoint some other person or persons instead of the commissioner or commissioners so dying, resigning, or removing. The said commissioners heretofore appointed as well as those hereafter to be apprimed shall each and every of them take an oath before the court of the county in which they respectively reside “well and truly to discharge the office of a commissioner of the roads according to the best of his judgment, without favour or partiality to any person or persons whatever.”
IX. And be it further enacted, That the commis. sioners of the said turnpike-roads shall, in the month of June or July annually, settle with Fairfax county
court a just and true account upon oath of all their receipts and disbursements according to the directions of ile said recited act for keeping certain roads in repair, under the penalty of the sum of two hundred pounds eacli, to be recovered by action of debt or information in any court of record within the commonwealtlı, one half to the use of the informer, and the other half to the use of the college or academy in the town of Alexandria. All the other pevalries and forleitures inflicted by this act, shall be, one half to the lise of the informer and the other half to the use of the commissioners of the said turnpike-roads, to be by them applied towards repairing the said roads.
X. And be it further enacted, That if at any time it shall be necessary for public convenience to turn or alter any part of the before mentioned turnpike-roads, or either of them, the said road-commissioners or any five of them shall meet on that part of any such road so proposed to be lirned or altered, giving the persons wliose interesi may be materially affected thereby, if living within the county, or in any adjoining county, or his or their known attorney or agent within the county, ten days notice of the time, place, and purpose of such meeting, and if a majority of the commissioners so meeting, upon viewing the road, and having rea gard as well to the inconvenience to individuals, as the convenience to the public, shall be of opinion that such alteration is materially necessary and proper, and the person or persons whose interests may be affected thereby, or their known attornies or agents being present and not objecting thereto, such alieration shall be made and established; but if the person or persons whose interest may be affected or their known attornies or agents are not present, or being present object thereto; in either case the said commissioners shall make report upon oath of the conveniencies and inconveniencies to the best of their judgment attending the same with their opinion thereupon to the next court to be held for the county wherein such alteration or alterations are proposed to be made, and thereupon such court shall take such proceedings therein as are prescribed by the “ Act concerning public roads."
XI. And whereas the commissioners appointed by thic “ Act for opening and straightening certain public roads," have not yet compleated the road from Ches. ier's gap in the county of Culpeper, 10 the city of Richimoud, within the time prescribed by the said act, and it is therefore doubtful whether they can now proceed therein, Be it further enacted, That the said commissioners may, and they are hereby empowered to finish and compleat the laying off, opening, clearing and esiablishing the said road from Chester's gap to the city
of Richmond, in the same manner, and under the same - directions, restrictions, and regulations, as are herein before prescribed in the case of altering the before snentioned turppike-roads from the gaps in the Blue Ridge of mountains to the town of Alexandria. So inuch of the said iwo acts of assembly, the one intiluled - A.) act for keeping certain roads in repair,” and the other intituled · An act for opening and straightening certain public roads," as is contrary to, or comes within the purview of this act, shall be, and is hereby repealed.
the protection and encouragement
So much of [Passed December 31, 1787 )
act for pro
tection and 1. WHEREAS the act intituled "An act for the encourageprotection and encouragement of the Commerce of ment of cum. Nations, acknowledging the Independence of the Uni- men
tions acknowted States,” is found in its operation to be partial in as ledging the much as it authorizes subjects or citizens of foreign na- indepen. . tions to institute suits against the citizens of this com- dence of the
U. Siaies, as monwealth, and 10 prosecute them to a decision in a gives their more speedy and summary way, than they have hith- subjects a erto known or been accustomed to; and it is but just more summa. and proper that no such exclusive privilege should longer be continued; Be it therefore enacted, That from repealcel.