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venue of one thousand seven hundred and eighty-six, in such proportion, that a sufficient amount of such interest certificates may be collected, as will pay two thirds of this state's quota to the United States:

VI. Be it therefore enacted, That every person chargeable with the revenue tax for one thousand seven hundred and eighty-six, under the act "To amend and reduce the several acts of assembly for ascertaining certain taxes and duties, and for establishing a permanent revenue, into one act," may pay one-third part of such taxes in certificates granted by any commissioner of continental loans in any of the United States, for the interest due upon loan-office certificates, or upon other certificates of the liquidated debts of the United States; and such sheriff or collector, upon payment thereof into the public treasury, shall be allowed a discount for all such interest certificates so by him collected: Provided always, That the amount thereof shall not exceed one-third part of the taxes by him collected.

VII. And be it further enacted, That two thousand pounds of the money arising annually from the tonnage of vessels, and from the duties upon goods, wares, and merchandizes, imported into this commonwealth, shall be appropriated to defraying the expenses of the boats Liberty and Patriot, under the direction of the executive.

VIII. Be it enacted, That the treasurer be authorized and directed to make good the subscription to the Potowmack and James river companies, in behalf of the state, as the several dividends may from time to time be applied for by the president and directors of the said companies, out of the surplus of any public monies arising under the several laws for the inspection of tobacco. The sum of eighty thousand pounds shall be paid in the years one thousand seven hundred and eighty-six, and one thousand seven hundred and eighty-seven, in discharge of debts due to persons who are not citizens of this state; all the nett revenue arising from the duty of two and an half per centum, on merchandize imported, and from the tax on law process and alienations, shall be applied to this purpose. In aid of the said funds shall also be applied, after making good former appropriations, all the money arising from the sale of the Gosport lands which have already been sold, or which may be hereafter sold, if the governor shall, with the advice of council, think proper to

direct a further sale of the same; the apportionment of the said sum shall be made amongst the said creditors of the public, in such manner and in such proportions, as the governor, with the advice of council, shall direct, except where any of the said creditors shall be entitled to a preference in consequence of any act or resolution of the general assembly, directing the same to be paid out of the funds aforesaid, and such preference to be given. Warrants for the said payments shall be drawn by the auditors of public accounts, in favour of such persons as the governor, with the advice aforesaid, shall specially direct; and the said warrants shall express that the same are to be received in payment for the Gosport lands, and shall be countersigned by the governor or chief magistrate of this commonwealth. And whereas no provision hath yet been made for the payment of the tobacco borrowed for the use of this commonwealth, under the resolution of the May session, one thousand seven hundred and eighty:

IX. Be it therefore enacted, That the governor shall take such measures as shall to him, with advice of council, seem just and equitable, for ascertaining the value of such tobacco in money; for the payment whereof, and interest thereon at the rate of six per cent. from the delivery of such tobacco, warrants shall be granted by the auditors of public accounts, by special direction of the governor, with advice aforesaid, to the persons entitled thereto; the fund for payment whereof shall be the money arising on or before the first day of October next, from three shillings per hogshead imposed on tobacco exported, agreeably to an act "To appoint commissioners to state and settle the losses sustained by the burning of the warehouses at Rocky Ridge," first complying with the purposes of the said act: And provided the money arising under the said act shall not be sufficient fully to comply with the purposes aforesaid, on or before the first day of October next, the deficiency shall be made good out of the general fund; and if there shall be any excess or overplus by the said first day of October, the same shall be applied in aid of the general fund. The said warrants shall also express that the same shall be received by any sheriff or collector of public taxes, in payment of any specie tax, and the same shall be so received; and such sheriff or collector, on payment thereof into the public treasury, shall have the same allowed accordingly.

X. And be it further enacted, That a sufficient sum to pay the balances due for building houses for the reception of hemp, agreeably to an act, intituled, "An act for the inspection of hemp," shall also be drawn from the surplus which may arise under the laws for the inspection of tobacco, the claims being first audited according to law, if so much remain after making good former appropriations.

XI. And be it further enacted, That a sum not exceeding six hundred pounds, out of the contingent fund, be set apart for the purposes of the public hospital in the city of Williamsburg, upon warrants from the auditors, under order of the executive, on application of the board of directors.

Owners of

fish, and to

CHAP. XIX.

An act for improving the navigation of the south branch of Potowmack river.

BE it enacted by the General Assembly, That the mills on south owner or proprietors of any and every mill on the south branch of Po branch of Potowmack river, from the mouth thereof towmack to upwards, to the north fork, shall, and they are hereby make slopes, directed and required, respectively, on or before the for passage of first day of January, one thousand seven hundred and cut canals for eighty-seven, to make and fix in each mill-dam, a passage of proper slope for the passage of fish up the same, and moreover to cut or cause to be cut, a canal or race, by means of which boats navigated in the said river, may conveniently and safely pass up or down the same, Penalty for without being impeded by such mill-dams. If such neglect.

boats.

slope and canal be not made at each mill-dam, on or before the day aforesaid, for every twenty-four hours thereafter that the party neglects or fails therein, he shall forfeit and pay the sum of five pounds to any person who will sue for the same; to be recovered, with costs, by action of debt, or information, in any court of record within this commonwealth, and applied, one half towards clearing the said river, and the other half

removed, un

der a penalty

to the use of the person suing therefor. All hedges and Hedges aud other stops to the navigation of the said river, within stops to be the limits aforesaid, made or placed therein (mill-dams excepted) shall be removed and destroyed by the person or persons who made or placed the same; and that in future, no hedge or stop in any wise obstructing the course or passage of the said river, shall be placed or set therein. And if any person shall presume to make and place, or cause to be made and placed, any artificial obstruction in the said river, within the limits aforesaid, in any manner tending to impede the navigation thereof, it shall be lawful for any person to pull up and destroy the same, and the party shall moreover forfeit and pay the sum of five pounds for every twentyfour hours such artificial obstruction shall remain therein; to be recovered, with costs, by action of debt, or information, in any court of record, one moiety to the use of the person who will sue for the same, and the other moiety to be applied towards clearing and improving the navigation of the said river,

CHAP. XX.

An act establishing inspections of tobacco at Crow's ferry, in the county of Botetourt, and on the lands of Thomas Cresap, in the county of Hampshire, and for other poses.

pur

I. WHEREAS it hath been represented to this present general assembly, that it would be of great utility and a public convenience, to establish warehouses for the reception and inspection of tobacco at Crow's ferry, on James river, and at the confluence of the North and South branches of Potowmack, in the forks of the said river, on the lands of Thomas Cresap, in the county of Hampshire, the proprietors whereof are willing to build the same at their own expence:

II. Be it therefore enacted; That an inspection of tobacco shall be, and the same is hereby established; on

Inspections of tobacco es

tablished at

and on lands

Crow's ferry, the lands of William Crow, in the county of Botetourt, in Botetourt, to be called and known by the name of Crow's ware of Thomas house; and on the land of Thomas Cresap, at the conCresap, in fluence of the North and South branches of Potowmack, Hampshire. in the county of Hampshire, to be called and known by the name of Cresap's warehouse: That the inspectors at the said warehouses, upon the delivery of their notes, or an order where notes have not been issued, shall deliver the tobacco for transportation, with a printed manifest descriptive of the owner's name, the name of the skipper of the batteau or canoes if transported by water, or if waggoned, the name of the waggoner, to what warehouse or port the same is destined, and to whom to be delivered; the said manifest shall moreover express the marks, numbers, and weights of the tobacco, and each hogshead shall be stamped with the name of the warehouse at which it was inspected; which manifest shall by the skipper or waggoner (as the case may be) if the tobacco is intended to be sent to any warehouse heretofore established, be delivered to the inspectors thereof, who are hereby required to receive the same and grant a receipt therefor, and enter such tobacco in a separate book to be by them provided and kept for that purpose, and on the receipt aforesaid being presented, shall deliver the said tobacco, with the manifests, for exportation, when required, and may demand for all such tobacco the same warehouse rent as for other tobacco by them inspected, and the sum of one shilling for each hogshead, to the use of the inspectors for their trouble in receiving and delivering the same. Provided always, That nothing in this act contained shall be construed to prevent any owner of tobacco passed at the said inspections, who has previously paid the legal duties, from exporting, selling, or storing the same in any private warehouse, without being obliged to store the same in any warehouse heretofore established. And to prevent fraud where the owner of the tobacco inspected at either of the said warehouses may incline to export the same by land to any of the United States,

III. Be it enacted, That the owner thereof, previous to the delivery of the tobacco, shall procure a duplicate of the manifest, with a certificate from the inspectors that the duties imposed by law on such tobacco have been paid; which certifiicate, with all others grant

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