vey certain

lots in Rich.

lands within the said city the property of Philip Tur mond, to Phi- pin, part whereof are since found by the said directors lip Turpin. to be unnecessary for the said purpose; and the said Philip Turpin hath made application to the present general assembly to authorise and require the said directors, in behalf of the commonwealth, to convey and release to him so much of the said lands as they may judge unnecessary for public use; Be it therefore enacted, That the said directors, or a majority of them, shall, and they are hereby authorised and required to execute a deed for conveying and releasing to the said Philip Turpin, and his heirs, all the right, title, and interest, af this commonwealth, in, and to so much of the lands, so appropriated, as the said directors shall judge unnecessary for public use.

II. And be it further enacted, That the directors shall cause the lands deemed unnecessary for public use, previous to the execution of a deed for the same, to be valued by a jury, in like manner as is directed by law for lands taken and appropriated for the use of the public, within the said city, and shall return such val uation to the court of the county of Henrico, there to be recorded: Provided that the jury, in estimating the value of the said land, shall have regard to its comparative value with the other lands, and their former appraised value.

Exclusive privilege granted to

John Hoomes

CHAP. LXXIX.

An act giving John Hoomes the exclusive privilege of conveying persons in stage carriages between certain places for a limited time.

[Passed the 4th of December, 1787.]

1. WHEREAS it is represented to the present gento carry per eral assembly that John Hoomes hath undertaken to sons in stage keep up and continue a line of stages for the purpose of carriages, for a limited conveying persons and baggage between Alexandria and Fredericksburg, and between Fredericksburg and

time.

Richmond and Hampton, which will be of considerable public convenience and utility: therefore it is reasonable that the said John Hoomes should possess, for a time, any emoluments arising therefrom, Be it therefore enacted, That the said John Hoomes shall have the sole and exclusive right of conveying for hire, persons in stage-carriages between Alexandria and Fredericksburg, and between Fredericksburg and Richmond and Hampton, and to and from any intermediate place or places, for and during the term of three years; and shall and may demand and take for each passenger three pence three farthings per mile, and three pence three farthings per mile for every hundred and fifty pounds weight of baggage exceeding fourteen pounds, conveyed in any of the said stage-carriages. If the said John Hoomes, by himself, or any other, shall demand, or receive, any greater rates than are hereby allowed, he shall forfeit and pay the sum of twenty pounds, to be recovered with costs by an action of debt, bill, plaint, or information, in any court of record, to the use of the party injured. If any person or persons, other than the said John Hoomes, his agents, or servants, establish, or run, any stage-carriages between either of the before mentioned places, or any intermediate place or places, and demand, or take, directly, or indirectly, any fee, or reward, whatsoever, for conveying any person, or persons, or their baggage, in a stage-carriage, or carriages, between either of the above mentioned places, or any intermediate place, during the term aforesaid, he, or they, so offending, shall forfeit and pay for every stage so run or established, the sum of one hundred pounds, and for every person, or one hundred and fifty pounds of baggage, by him. or them, so conveyed, the sum of one hundred pounds, to be recovered, with costs, by an action of debt, bill, plaint, or information, in any court of record, to the use of the said John Hoomes. The said John Hoomes shall, on or before the first day of May next, enter into bond, with sufficient security, in the general court, or in the court of the counties of Caroline or Henrico, in the sum of one thousand pounds, payable to the governor, and his successors, for the use of the commonwealth, with condition for the due and faithful keeping up the said line of stages for and during the term aforesaid.

Boundary

line between

CHAP. LXXX.

An act for establishing a new boun dary line between the counties of Henrico and Hanover.

[Passed December the 18th, 1787.]

1. WHEREAS the main run of ChickahominySwamp hath been by law established as the boundaryline between the counties of Henrico and Hanover, counties of which, from various causes, is formed into a variety of Henrico and streams, so that the main run cannot at this time be asHanover, es certained with precision; Be it therefore enacted by the tablished. General Assembly, That the courts of the said counties shall, immediately after the passing of this act, appoint, each of them, two commissioners, respectable freeholders. not inhabitants of either of the said counties, who shall act upon oath, and they, or a majority of them, are hereby empowered and required to proceed to chop a line of marked trees, to begin at the place where the New Kent line corners on the swamp, and run up the said swamp to the place where a bridge formerly stood, commonly called and known by the name of Winston's bridge, opposite the land late the property of Peter Winston, deceased.

II. The said commissioners, in making the said line, shall have regard to the original main run of the said swamp, where the same can be ascertained, except where there are disputes existing respecting the main run, or suits already commenced by persons owning lands adjacent to the said main run, they shall in every such instance chop a line in such manner as may appear most convenient, without having regard to any run whatsoever.

III. The said commissioners shall call in some county surveyors who shall act under their directions in running the aforesaid line; and may also, for their information, require the attendance of any person or persons who are, or have been, acquainted with the said swamp, or the runs thereof.

IV. And in case of the death, refusal or other inability of one or more of the commissioners to act, the

said county courts, or either of them, are hereby required to appoint another, or others, as the case may be.

V. The commissioners appointed as aforesaid, shall make report on their proceedings to the court of each of the said counties, on or before the first day of November one thousand seven hundred and eighty eight, which report shall be recorded therein; and the line so marked by them, shall thereafter be the boundary between the said counties of Henrico and Hanover, for the sole purpose of ascertaining the jurisdiction thereof.

VI. The said commissioners shall be allowed ample compensation for their trouble, which, with every other expence of marking the said line, shall be levied on the tithable persons in each county, in proportion to their respective numbers.

VII. And be it further enacted, That nothing herein contained shall be construed to affect the title of any person or persons to lands on the said swamp.

CHAP. LXXXI.

An act to amend the act, intituled An act for incorporating the town of Petersburg, and for other purpo

ses.

[Passed the 13th of December 1787.]

I. BE it enacted by the General Assembly, That Charter of from and after the passing of this act the court of Petersburg hustings, in the town of Petersburg, shall have cogni- amended. zance of all causes, either in law or equity, which shall be instituted therein for any debt, or contract, hereaf ter made, or entered into, where both the parties are resident within the limits of the said town; and also of all presentments, informations, or suits, which shall be made, preferred, or instituted therein for a breach of any penal statute, or act of assembly, or any bye-law, or ordinance of the common-hall: And that the serJeant of the said court of hustings shall summon twen

ty four freeholders to attend the court to be held for the said town, in the months of March, May, August, and November annually, out of which number fifteen, at the least, shall be sworn as a grand jury, with power to inquire into, and make presentments of, all breaches of penal laws committed within the limits of the said town, in like manner as the grand juries for the respective counties may now by law do.

II. Whenever the common-hall of the said town shall judge it necessary to purchase any lot or parcel of land for the use of the said town; to erect or repair any public buildings; to build or repair any wharf; to make any causeway; to sink common sewers or drains; to repair any street or road; to appoint watchmen, or to fix lamps to light the town, they shall appoint a day for the meeting of the electors qualified by law, to vote for members of the common-hall, and give two weeks previous notice of the time and place of such meeting, by publication in the gazette of the said town, or otherwise, advertising the same in the most public places therein:

III. If two thirds of the electors qualified as aforesaid shall meet the mayor, recorder, or eldest alderman, and a majority of them agree to adopt the measure proposed by the common hall, it shall thereafter be lawful for the common-hall to raise a sum of money sufficient for that purpose, in like manner, as is directed for carrying into effect the other powers vested in the common-hall.

IV. If two thirds of the said electors should not attend at the first appointment, the business shall be postponed, from time to time, until two-thirds shall attend. Provided always, That nothing herein contained shall be deemed or taken to prevent, or restrain, the common-hall from imposing and levying a tax, within the said town, not exceeding the sum of one hundred pounds, in any one year, for the purposes within mentioned, or such of them as they shall think necessary.

V. Two additional aldermen, as well as common councilmen, shall hereafter be chosen at each annual election.

VI. And whereas the persons elected common-councilmen in the month of September last, for the corporation of Petersburg, refused to qualify; and the former hall undertook to appoint other members in their stead,