altered. CHAP. XL. An act for altering the times of holding the courts in the county of Henry. [Passed the 13th of December, 1788.] 1. BE it enacted by the General Assembly, That Court day of from and after the thirty first day of January next, a Henry county court for the county of Henry shall be held by the justices thereof, on the last Monday in every month, and that a court of quarter-sessions shall be held for the said county in each of the months of February, April, July, and October, in every year, instead of the months heretofore appointed for that purpose; any law to the contrary hereof, notwithstanding. town of Fred CHAP. XLI. An act for altering the days of holding courts in the town of Fredericksburg, and county of Sussex. [Passed the 13th of December 1788] 1. BE it enacted. That from and after the first day Court days of of February next, a court of hustings for the town of ericksburg Fredericksburg, shall be held on the fourth Friday in and county of every month, instead of the day heretofore appointed by law. Sussex alter ed. II. And be it further enacted, That from and after the said first day of February next, a court for the county of Sussex, shall be held on the first Thursday in every month, instead of the day heretofore appointed by law. CHAP. XLII. An act concerning the militia. [Passed the 15th of December, 1788.] Militia on western wa 1. BE it enacted by the General Assembly, That each of the militia in the several counties on the western waters, shall keep always ready a good musket or ters how arme rifle, half a pound of goed powder, and one pound of ed. lead, to be produced whenever called for by his commanding officer, or be fined at the discretion of a court martial, in any sum not exceeding ten shillings for each neglect: unless he be so poor as to be unable to furnish the same, in which case the former regulations established by the act of the October session, in one thousand seven hundred and eighty five concerning poor soldiers, shall be in force. II. And be it further enacted, That regimental musters shall in future be substituted in lieu of general musters. It shall be lawful for any court martial to re mit any fine assessed at the last court of enquiry. and assessment of fines held for the county, if to them it shall appear just and reasonable, and where any person shall have paid such fine, it shall be repaid by order of such court. Regimental musters sub. stituted for general mus. ters. alry. III. And whereas by the act passed at the October Further time session of the general assembly, one thousand seven hun- allowed to dred and eighty-seven, intituled "An act to amend complete the several acts respecting the militia;" the governor, troops of cav. with advice of council, was authorised to issue commissions for officers to a troop of cavalry, to be raised and annexed to every regiment of militia, which commissions will become void, unless the troops are compleated within twelve months from the date thereof, and it appears that a further time should be allowed to the officers to compleat the said troops: Be it therefore enacted, That the further time of twelve months from the passing of this act, shall be allowed for compleating the said troops, until the expiration of which time, one of the commissions aforesaid, shall become void. So much of every act as comes within the purview of this act, is hereby repealed. N 4 VOD. XII. Provision for improving the naviga tion of Matta. pony river. CHAP. XLIII. An act for opening and improving the navigation of Mattapony river. [Passed the 15th of December, 1788] I. WHEREAS it is represented to the general asopening and sembly, that the opening, improving, and extending the navigation of Mattapony river, to the highest part practicable, will be of public utility, and that many persons are willing to subscribe considerable sums of money for effecting the same: Be it therefore enacted, That Edmund Pendleton, William Nelson, John Baylor, Edmund Pendleton, jun. John Hoomes, John Page, Mungo Roy, John Taylor, Francis Corbin, Benjamin Temple, Larkin Smith, Anderson Scott, Anthony New, and Lawrence Battaile, be, and they are hereby constituted and appointed trustees, for clearing, improving and extending the navigation of the said river, from Todd's bridge, in the counties of King William and King and Queen, as far up the same as they may judge it practicable, so as to have a sufficient depth and width of water to navigate boats, batteaus, or canoes, capable of carrying four hogsheads of tobacco; and they are authorized to take and receive subscriptions for that purpose. Any person neglecting or refusing to pay the money by him subscribed for the purposes of this act, it shall be lawful for the trustees to recover the same by warrant before a single magistrate, where the subscription doth not exceed twenty five shillings, and where it exceeds that sum, by motion in the court of the county where the person resides, provided he has ten days previous notice of such motion. The said trustees or a majority of them, shall as soon as may be, proceed to view the said river, and ascertain as nearly as they can, the highest part capable of navigation according to this act, and to contract and agree with any person, or persons, for clearing and improving the navigation of the said river, in such manner as the said trustees shall judge proper, and to remove all obstructions which in any manner injure the said navigation. The said trustees or a majority of them, shall have power to nominate and appoint, from time to time, one or more of their number, to be receiver or receivers of all money subscribed by virtue of this act, who shall give bond with sufficient security in the penalty of one thousand pounds, in the court of the county where he or they respectively reside, payable to the said trustees and their successors, for the time being, with condition that he or they, his or their heirs, executors, or administrators, at all times when required, will truly and faithfully account for all sums of money that shall come to his or their hands for the purposes of this act, and pay the same to such person or persons as the said trustees or a majority of them shall order and direct. II. And whereas it may be necessary in some parts of the said river to straighten the same, by cutting away the bank or by a canal, and also to erect houses on the banks of the said river for the use of toll gatherers. III. Be it therefore enacted, That it shall and may be lawful for the said trustees, or a majority of them, to agree with the owners of any land through which the said canal is intended to pass, or on which any house shall be thought necessary to be erected for the purchase thereof, and in case of disagreement, or in case the owner thereof shall be a feme-covert, under age, non-compos, or out of the state, the like proceedings shall be had to estimate the value thereof by a jury, as are directed and prescribed by the act intituled "An act for opening and extending the navigation of Potowmack river," and such valuation shall be paid by the trustees to the owner of the said land, or his or her legal representative, and on payment thereof, the said land shall thenceforth be vested in the said trustees and their successors in fee, for the purpose of this act. The said trustees and their successors, or a majority of them, shall have power and authority to agree with any person or persons to cut such canals, and erect any works they may think necessary, for opening, improving, and extending the navigation of the said river, and out of the money arising from the subscriptions and tolls hereafter given, to pay for the same, and to repair and keep in order the said canals and other works, and to defray all incidental charges, and to appoint ench toll-gatherers, managers, and servants, as they shall judge 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 other business 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 or other labour for opening and extending the navigation of the said river, but in maintaining and keeping the same in repair, 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 up or down the same, tolls not exceeding those imposed by the act intituled “An act for opening and extending the navi, gation of Potowmack river;" and in case any person shall refuse or neglect to pay the tolls at the time of offering to pass the place appointed for the payment thereof, and previous to the vessels passing the same, the collectors of the said tolls may lawfully refuse passage to such vessel, 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. V. The profits arising from the said tolls, together with the works erected for opening and improving the navigation of the said river, shall be, and the same are hereby vested in the said trustees, and their successors for ever; 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 respecttively subscribed and paid, and the same shall be deemed real estate, and be for ever exempted from payment of any tax, or imposition whatsoever. The said trustees, and their successors, shall be, and they are hereby declared to be incorporated, by the name and title of the Mattapony trustees; and may sue and be sued as such. In case of the death, removal, resignation, or incapacity of any of the said trustees, it shall be lawful |