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 pound-; 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:

г

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 th of having taken the oath before either of the courts of the creek, on the counties of Monongalia or Ohio, and given bond and se- Ohio curity as is before directed for the other commissioners,

Fishing

Certain taxes

to proceed in like manner towards having a road open- of Mononga ed from Morgan Town, in the said county of Monon- lia a d Ohio galia, to or as near Fishing creek, on the river Ohio, approprated 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.

Snuff manu. factu ed .n this State.

not s subject to duty.

for, obtained.

CHAP. XXXVI.

An act concerning manufactured Snuff, and authorising the purchase of Tobacco for that purpose.

BE it enacted by the General Assembly, That snuff manufactured in this state and exported, shall not be subject to pay any duty upon being relanded or reimported. Any person desirous of manufacturing snuff, and giving bond and security in the court of the county How tobacco where he resides, in the penalty of five hundred pounds, payable to the governor and his successors, for the use of the commonwealth, with condition not to export the tobacco by him received from any warehouse, shall upon producing a certificate thereof from the clerk of the court to the inspectors at any warehouse, and paying the duties thereof, be entitled to, and the inspectors are hereby required to deliver to him or them, or their order, all the tobacco he or they may produce their receipts or notes for; any law to the contrary, notwithstanding.

Act au'ho. rising treasu

CHAP. XXXVII.

An act for further continuing the act authorising the Treasurer to re ceive Specie into the Treasury by weight.

I. WHEREAS the act passed at the last session of assembly, intituled "An act authorising the treasurer to receive specie into the treasury by weight," will expire at the end the present session, and it is expedient that the same should be further continued;

II. Be it therefore enacted, That the said recited act rero receive shall continue and be in force from and after the expispecie by ration thereof, for and during the term of one year, and from thence until the end of the next session of assembly, and no longer.

weight, fur. ther continued.

CHAP. XXXVIII.

An act to amend and reduce into one act, the several acts for regulating pilots, and ascertaining their fees.

1. WHEREAS it is necessary, for the safety and preservation of vessels coming into the bay of Chesapeake, bound up the rivers of this commonwealth, that able and experienced pilots should be established to conduct such vessels for reasonable fees;

Preamble.

What boats pilotst keep

II. Be it enacted, That Paul Loyal, Thomas Brown, Examiners of James Barron, John Gwynn, Edward Cooper, Charles pilors appoint Bayless, and James Latimer, or any three of them, be, ed, who may and they are hereby appointed to examine every per- grant branchson that shall desire to be admitted a pilot, he first producing a certificate from the county court where he resides, of his honesty and good behaviour, paying down to the examiners the sum of thirty shillings; and if upon examination, such person shall appear of sufficient skill and ability, the said examiners shall thereupon grant such person a branch, and thenceforth he shall be reputed a lawful pilot: Provided, That no person whatever shall be permitted to execute the business of a pilot, notwithstanding he may have such branch as aforesaid, unless he, or the company to which he belongs, shall keep one sufficient boat of eighteen feet keel at the least, under the penalty of fifty pounds for every vessel such pilot shall undertake to conduct, to be recovered with costs, in any court of record in this commonwealth, by the party suing for the same, to his or her own use; and if any person not having such branch, and keeping such boat as aforesaid, shall presume to take upon himself to conduct or pilot any ves- acting with sel coming from sea to or from any place or places hereafter mentioned, every such person shall forfeit and pay the sum of fifty pounds to be recovered with costs, in any court within this commonwealth, by the party suing for the same, and moreover such person shall be liable for all damages occasioned by his undertaking the pilotage; to be recovered by action at common law, in any court within this commonwealth, by the party injured. Provided, That this act shall not be

Penalty for

out a branch.

tend to ves sels in dis

tress.

Not to ex- construed to extend to hinder any person or persons from assisting any vessel in distress, so as he or they shall deliver up such vessel to the pilot who shall come on board and offer to undertake the conducting of her, for which such assistant shall and may demand and receive from the said pilot, half the fees allowed for pilotage by this act. And whereas great inconveniences have arisen from pilots entering into combination or partnership, which has occasioned great neglect of their duty: For prevention whereof,

III. Be it enacted, That no more than four pilots How many shall be in partnership, under the penalty of one hunpilots may be dred pounds each; to be recovered with costs by any in partner. person suing for the same. And for the encouragement of pilots to do their duty, and that all pilots may be induced to keep a good look out;

ship

First pilot of. fering to be

taken

IV. Be it enacted, That every master of a merchant's vessel coming from sea, shall be obliged to receive the first pilot, who offers below the Horse-Shoe, to conduct his vessel, or shall pay him full pilotage to the first port, and shall continue the same pilot to his port of discharge; and every pilot cruising or standing out to Their duties. sea shall offer his services first to the vessel which may be nearest the land, or in most distress; and if any pilot, not being hindered by sickness, or other lawful cause shall refuse to go on board any vessel, when required by the master, to execute his office, such pilot or pilots, in either case, shall, upon complaint and conviction before the examiners or any three of them, forfeit to the party injured, twenty pounds, and be liable to be suspended by them for such time as they shall think fit. Every vessel having no pilot on board, and following another that has a pilot, shall pay him half fees.

sel.

Penalty for V. And be it enacted, That if any pilot shall nenegligently gligently or carelessly lose any vessel under his care, losing a ves and be thereof convicted by due course of law, he shall forever after such conviction be incapable of acting as a pilot in this state, and shall be also liable to pay all such damages which any person or persons shall sustain by such negligence or carelessness; to be recovered in manner before directed. And for preventing any exorbitant demands for pilotage.

Rates of pilotage.

VI. Be it enacted, That the following, and no greater prices, shall be taken or demanded, to wit: On James