requisite, and to agree for, and settle their respective wages, or allowances, and settle and pass their accounts, and to make and establish such rules of proceeding, and to transact all the other business and concerns for the purpose of carrying this act into execution.

IV. And be it further enacted, That for, and in consideration of the expence the subscribers will be at, not only in cutting canals, erecting locks, or other work and labour for opening, improving, and extending the navigation of the said river, but in maintaining and keeping the same in repair, the said canals and works with all their profits, shall be, and the same are hereby vested in the said trustees, and their successors forever, to; and for the use of the subscribers and their heirs, as tenants in common, to be apportioned among them, according to the sums by them respectively subscribed and paid, and the same shall be deemed real estate, and be forever exempt from payment of any tax, imposition, or assessment whatsoever, and it shall and may be lawful for the said trustees, and their successors at all times hereafter to demand and receive at such place or places upon the said river as they may think most convenient, for all commodities transported through either of them respectively, tolls not exceeding those imposed by the said recited act: and in case any person shall refuse or neglect to pay the tolls at the time of offering to pass through any of the said places, and previous to the vessels passing through the same, be collectors of the said tolls, may lawfully refuse passage to such vessels, and if any vessel shall pass without paying the said toll, then the said collectors may seize such vessel wherever found, and sell the same at auction for ready money, which, so far as is necessary, shall be applied towards paying the said tolls, and all expences of seizure and sale, and the balance if any, shall be paid to the owner, and the person having the direction of such vessel, shall be liable for such toll, if the same is not paid by sale of such vessel as aforesaid.

V. And be it enacted, That it shall and may be lawful for every subscriber to transfer his interest in the said canals, or works, in the same manner and under the like conditions and exceptions as are prescribed by the said recited acts. The owners of mills on the said river above Banister's mill, and every of them, shall VOL. XII. Y 3

within eighteen months after passing this act, erect good and sufficient locks through their dams, or on canals convenient and proper around them, so as to procure an easy, safe, and expeditious passage for loaded canoes, boats, and batteaus, both up and down the said river, through or around each and every of the said dams; and moreover the said owners of mills on the said river, shall keep the said locks in good and sufficient repair, and cause to be given constant attendance at the same, by some person or persons whose duty it shall be, to work and manage the said locks at all times when thereto required by any person for the purpose of passing through the same with craft as aforesaid, without delay, giving them free passage, and on failure so to do, the offender shall forfeit and pay the sum of five pounds for every time such failure shall happen, and be moreover liable to the party grieved for damages, which said penalty may be recovered in the court of the county where the offender resides, by motion on ten days previous notice, by any person who will inform or sue for the same.

VI. And be it enacted, That if any owner or owners of mills on the said river shall refuse or fail to build such good and sufficient locks, for passing through, or around his or their mill-dam, or mill dams as aforesaid, for the purposes of this act, within eighteen months as aforesaid, then and in that case, the mill-dam or mill-dams, not having such locks, are hereby declared to be nuisances, and shall and may be abated, and thrown down, and destroyed. And the trustees aforesaid. or a majority of them, are hereby empowered and directed to cause the said dams to be cleared away, and to present an account of the reasonable expence thereof, to the owners of the same, which expences he or they shall pay, or on failure the amount thereof may be recovered against him or them by the said trustees, on motion to the court of the county, giving him or them ten days previous notice thereof.

VII. And be it further enacted, That if any landholder on the said river, shall suffer any tree to be felled from his land into the same, and therein to remain the space of twenty four hours, at any time after the navigation of the same hath become practicable, every such landholder shall forfeit and pay the sum of forty shillings to any person who will inform or sue for the

same in any court of record. The said trustees, and their successors, are hereby declared to be incorporated, by the name of the Appamattox trustees, and may sue and be sued as such. In case of vacancy by death, refusal to act, resignation, or other legal disability, of any one or more of the said trustees, it shall be lawful for the remaining trustees or a majority of them, to elect others in their stead. Provided nevertheless, That the said trustees shall be compelled to begin this work as near to Banister's mill as circumstances will admit. So much of all and every act, and acts, as comes within the meaning of this act, is hereby repealed.

CHAP. LIV.

An act to establish a town in the county of Hampshire.

[Passed December 5th, 1787 ]

Town of Frankford, in Hampshire

I. BE it enacted by the General Assembly, That one hundred and thirty nine acres of land, in the county of Hampshire, the property of John Sellers, and laid off by him into in and out lots, with convenient streets, established. shall be and the same is hereby established a town by the name of Frankford, and that John Mitchell, Andrew Cowper, Ralph Humphries, John Williams, sen.James Clark, Richard Stafford, Hezekiah Whiteman, and Jacob Brookhart, gentlemen, be trustees thereof, who, or the major part of them, shall have power, from time to time, to settle and determine all disputes concerning the bounds of the said lots, and to establish such rules and regulations for the regular building of houses thereon, as to them shall seem best. In case of the death, resignation, removal out of the county, or other legal disability of any one or more of the said trustees, it shall be lawful for the remaining trustees to supply such vacancy, and the person so chosen, shall have the same power as if they had been particularly named in this act.

H. And be it further enacted, That so many of the lots in the said town as are not sold by the said John

Sellers, are hereby vested in the said trustees, and they, or a majority of them, shall within six months after the passing of this act, sell the said lots at public auction, having previously advertised the time and place of such sale at the courthouse of the said county, on three successive court-days, and convey the same to the purchaser in fee, subject to the condition of building a house on each, sixteen feet square, with a brick or stone chimney, to be finished fit for habitation within three years from the day of sale, and pay the money arising from such sale to the said John Sellers, or his legal representatives. So soon as the purchasers of the said lots shall have built thereon according to their respective deeds of conveyance, they shall then be entitled to, and have and enjoy all the rights, privileges, and immunities, which the freeholders and inhabitants of other towns in this state not incorporated, hold and enjoy. If the purchaser of any lot sold by the said trustees shall fail to build thereon within the time before limited, it shall be lawful for the said trustees, or a majority of them, to enter into such lot, and sell the same again, and apply the money for the benefit of the inhabitants of the said town.

Part of

Brunswick

to Greens

ville.

CHAP. LV.

An act for adding part of the county of Brunswick, to the county of Greensville.

[Passed November 6, 1787.]

1. BE it enacted by the General Assembly, That all that part of the county of Brunswick, lying to the eastBounty added ward of a line to begin on the Carolina-line, six miles above the termination of the boundary between the said county and Greensville, and running from thence a direct course to where the line between the said counties crosses the river Meherrin, be added to, and made a part of the said county of Greensville. It shall be lawful for the sheriff or collector of the said county

of Brunswick, to collect and make distress for any public dues, or officers fees, which shall remain unpaid by the inhabitants thereof, at the time of passing this act, and shall be accountable for the same in like manner as if this act had not been made.

CHAP. LVI.

An act for adding part of the county of Hardy, to the county of Hampshire.

[Passed December 4, 1787.]

1. BE it enacted by the General Assembly, That all that part of the county of Hardy lying north of a line to be run from the mouth of Stoney river, to the High Knob, shall be, and the same is hereby added to, and made part of the county of Hampshire. Provided always, that nothing herein contained, shall be construed to hinder the sheriff, or collector, of the said county of Hardy, from collecting and making distress for any dues, or officers fees, remaining unpaid by the inhabitants of that part of the said county added to Hampshire, but he shall collect and account for the same in like manner, as if this act had not been made.

Part of Hardy county added to Hamp.

shire.

CHAP. LVII.

An act to amend the act intituled An act for establishing a town on the lands of James Wilkinson in Fayette county, and a ferry across Kentucky river

[Passed November 27, 1787]

Further time allowed for

town of

1. WHEREAS by an act of the last session of as- selling lots in sembly intituled "An act for establishing a town on Frankfort, in the lands of James Wilkinson in Fayette county, and Kentucky.