governor, with advice of the council, shall appoint a person to be first sheriff of the said county, who shall continue in office during the term, and upon the same conditions, as is by law appointed for other sheriffs.

II. Provided also, and be it further enacted, That it shall and may be lawful for the sheriffs of each of the said counties of Bedford and Henry, to collect and make distress for any public dues or officers fees, which shall remain unpaid by the inhabitants thereof at the time the said county shall take place, and shall be accountable for the same in like manner as if this act had never been made. And that the courts of the said counties of Bedford and Henry, shall have jurisdisdiction of all actions and suits, in law or equity, which shall be depending before them at the time the said county shall take place, and shall try and determine the same, and issue process, and award execution thereon. In all future elections of senators, the said county of Franklin shall be of the same district as the counties of Bedford and Henry.

CHAP. XXVI.

An act for ascertaining a part of the boundary line between the counties of Goochland and Fluvanna

between

1. WHEREAS part of the line between the coun- Boundaryline ties of Goochland and Fluvanna, cannot be clearly as certained in consequence of the destruction of the marked trees;

counties of Goochland & Fluvanna as.

II. Be it therefore enacted, That a straight line shall certained. be run from the bank of James river, beginning at a rock called Golgotha, a small distance below Ross's ferry landing, to a marked tree in the line between the said counties standing near the road, leading from Goochland court-house to Fluvanna court-house. The said line to be run in the presence of a magistrate from each county, and at the expence of the county of Flu

vauna.

Provision for opening a

waggon road, from the town

Great Kenaw

taxes of Greenbrier, or accepting personal la bour from the

CHAP. XXVII.

An act appropriating certain arrears of public taxes to the opening a waggon road from the eastern to the western waters.

I. WHEREAS the commissioners appointed pursuant to a resolution of the general assembly at the last session, to examine the most convenient course for a of Lewisburg road from the highest navigable part of James river, to the lower to the nearest navigable part of the waters running infalls of the to the Ohio, have reported the practicability of the ha, by ap same; and it appears to this assembly that the opening propriating the said road will greatly co-operate with and facilitate the scheme for opening and extending the navigation of the said river, and that the expence thereof may be defrayed by a mode convenient to the public, and productive of ease and relief to the inhabitants of the county of Greenbrier (through which the said road must pass) who from their exposed situation to the incursions of the savages, their recent settlement in that county, and distance from navigation, are unable to discharge their taxes, without great distress, but are willing and desirous to discharge the same by labour, or in supplies necessary for the opening the said road, which, when effected, will remove the disability in future of paying the public taxes, and produce great benefit, by opening trade and communication with the western country:

inhabitants.

II. Be it therefore enacted by the General Assembly, That Samuel Brown, James Henderson, William Poage, Andrew Donnelly, and George Clendinen, gentlemen, or a majority of them, shall be, and they are hereby authorized and required, after having severally taken an oath before the court of the said county of Greenbrier, and entered into bond, with security, in the penal sum of ten thousand pounds, payable to the governor and his successors, for the use of the commonwealth, for the due, faithful, and impartial execution of their office, to appoint a time and place of meeting, giving two months previous notice thereof by advertisement at the courthouse door of each of the counties

of Greenbrier, Augusta, Rockbridge, and Botetourt, and then and there proceed to let to the lowest bidder, the opening a waggon read at least thirty feet wide, from the town of Lewisburg in Greenbrier, to the lower falls of the Great Kanawa, to be finished and completed fit for the use of waggons, within two years, taking bond and 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 Greenbrier, for personal labour, or sup plies of money, or any thing that may be 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 Greenbrier 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 arrears of taxes due from his county.

III. Provided always, and be it further enacted, That the said commissioners shall furnish the auditore of public accounts with a transcript of their book 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 auditors of public accounts. All proceedings against the sheriff of the said county of Greenbrier, respecting the said arrears of taxes (except as hereafter excepted) shall be suspended until the first day of May, one thousand seven hundred and eighty-eight. Every person in the said county of Greenbrier, failing to contribute so much to the opening of the said road as will be sufficient to discharge his arrears of taxes, on or before the first day of January next, it shall and may be lawful for the sheriff of the said county of Greenbrier 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 VOL. XII. K

court of the said county of Greenbrier; provided the sheriff has ten days previous notice of such motion.-Provided also, That the amount of the certificates to be granted pursuant to this act, shall not exceed the sum of five thousand pounds, nor shall the sheriff of said county be allowed, in the settlement of his accounts with the public, for more certificates than the amount of that sum. The clerk of the said county of Greenbrier, shall transmit to the executive, a copy of the bond entered into by the commissioners, together with a certificate of their taking the oath, within six months after the said bond be taken, and said oath administered, 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.

Part of the county of

Rockbridge

tetourt.

CHAP. XXVIII.

An act for adding part of the county of Rockbridge to the county of Bo

tetourt.

I. WHEREAS the boundary line between the counties of Rockbridge and Botetourt has been lately extended, whereby inconveniencies have arisen to a part of the inhabitants of the said county of Rockbridge: For remedy whereof,

11. Be it enacted by the General Assembly, That all that part of the said county of Rockbridge lying west added to Bo- of the top of the Camp-mountain, shall henceforth be added to and taken as part of the said county of Botetourt. Provided always, That it shall be lawful for the sheriff of the said county of Rockbridge, to collect and make distress for any public dues or officers fees, which shall remain unpaid by the inhabitants of that part of the said county hereby added to the said county of Botetourt, and shall be accountable for the same in like manner as if this act had not been made.

CHAP. XXIX.

An act to revive an act, intituled, An act to appoint commissioners to state and settle the losses sustained by the burning the warehouses at Rocky Ridge.

tobacco,

ky Ridge

1. WHEREAS the act of assembly passed in the Act appoint. year one thousand seven hundred and eighty-four, in- ing commis tituled "An act to appoint commissioners to state and stoners to setsettle the losses sustained by the burning the warehouses esses on at Rocky Ridge," hath expired, and it is expedient burnt at Rooand necessary that the same should be revived:" II. Be it therefore enacted, That the act, intituled warehouses, "An act to appoint commissioners to state and settle the losses sustained by the burning the warehouses at Rocky Ridge," shall be revived, and continue and be in force, from and after the passing of this act, until the first day of May next, and no longer.

revived.

CHAP. XXX.

An act for keeping certain roads in repair.

roads from

I. WHEREAS the public roads leading from the provision for north-western parts of this state, to the towns of Alex- keeping in andria and Colchester, in the county of Fairfax, by repair, the means of the great number of waggons which use the the northsame, are rendered impassible, and the ordinary meth- western parts od of keeping them in repair as at present by law es- of the state tablished, is not only insufficient, but exceedingly bur- to Alexandri. thensome to those who are employed therein: For re- chester. medy whereof,

II. Be it enacted, That George Gilpin, Charles Little, Francis Peyton, Samuel Love, Israel Thompson,

a and Col