CHAP. 220.-An ACT to authorize John Bogard to establish a ferry across the Ohio river. (Passed February 12, 1838.) across Ohio river 1. Be it enacted by the general assembly, That it shall be lawful Bogard's ferry for John Bogard, his heirs and assigns, to establish and keep a ferry established. from the lands of said Bogard in Jackson county, and at the lower end of Buffington's bottom, across the Ohio river to some convenient point on the opposite shore. 2. Be it further enacted, That the proprietors and keepers of Regulations. said ferry shall at all times be subject to all the regulations, provisions and penalties, and shall be entitled to all the privileges, rights and remedies contained in the act, entitled, " an act to reduce into one the several acts for the settlement. and regulation of ferries," and in all subsequent acts and parts of acts of a public and general nature in relation to ferries. 3. Be it further enacted, That the rates for transportation across Rates of ferriage. said river at said ferry shall be, for a man, twelve and a half cents; for every horse, mule, jack, or work ox, twelve and a half cents; for every head of neat cattle, six and one fourth cents; for all riding carriages, wagons and carts, the same per wheel as for a horse; and for every sheep, goat or hog, two cents, and no more: Pro- Right reserved to regulate tolls. vided, nevertheless, That the general assembly shall have regulate the said tolls from time to time as may be deemed proper. 4. Be it further enacted, That the said John Bogard, his heirs Time allowed to and assigns, shall, within six months after the passage of this act, tion. get the said ferry into operation, and give bond and security as re- Bond and security quired by the before recited act, otherwise this act shall cease and required. be void. 5. This act shall be in force from its passage. power to CHAP. 221-An ACT to authorize a ferry from the lands of Henry Durst in the county of Jackson, across the Ohio river. (Passed March 23, 1838.) put ferry in opera Commencement. across Ohio river 1. Be it enacted by the general assembly, That it shall be lawful Durst's ferry for Henry Durst, his heirs and assigns, to establish and keep a ferry established. from the landing on his land in the upper end of Muse's bottom in the county of Jackson, across the Ohio river to some convenient point on the opposite shore. 2. Be it further enacted, That the proprietors and keepers of Regulations. said ferry shall at all times be subject to all the rules and regulations, provisions and penalties, and shall be entitled to all the privileges, rights and remedies contained in the act, entitled, an act to reduce into one the several acts for the settlement and regulation of ferries," passed January the thirtieth, eighteen hundred and nineteen, and all-subsequent acts and parts of acts of a public and general nature in relation to ferries. 3. Be it further enacted, That the rates for transportation across Rates of ferriage. said river at the ferry hereby authorized shall be, for every man, twelve and a half cents; for every horse, mule, jack, or work ox, twelve and a half cents; for every head of neat cattle, six and a fourth cents; for all riding carriages, wagons and carts, the same per wheel as for a horse; and for every sheep, hog, goat or lamb, two cents, and no more: Provided, nevertheless, That the general Power to regulate assembly shall have power to regulate the said tolls and rates of toll from time to time as may be deemed expedient. tolls. Time allowed to required. 4. Be it further enacted, That the said Henry Durst, his heirs put ferry iu opera- and assigns, shall be allowed six months from and after the comBond and security mencement of this act to get said ferry in operation; and shall give bond and security, conditioned as required by the nineteenth section herein before recited, otherwise this act shall cease to have any force or effect, and be void as to the said Henry Durst, his heirs and assigns. Commencement. Owners of ferries prohibited from injacent ferrios. 5. This act shall be in force from the passing thereof. CHAP. 222.-An ACT to regulate ferries on the Kanawha river in the county of Mason. (Passed April 6, 1838.) 1. Be it enacted by the general assembly, That hereafter it shall in Mason county not be lawful for any person being the owner or occupier of a ferry, terfering with ad. Or the agent of such owner or occupier of any ferry on either side of the Kanawha river in the county of Mason, to interfere with the rights and privileges of any corresponding ferry on the opposite Penalty therefor. shore; and if any such owner or occupier, his or their agent, shall, for or without reward, take from the landing of the corresponding ferry aforesaid, or within half a mile above or below the same, any person or persons, horse or horses, cattle, sheep, hogs or other stock, or any wheel carriage, and carry him or them, such stock, or carriage as aforesaid across said river to the opposite shore, or within half a mile of the landing opposite, without the consent of the owner or occupier of such opposite or corresponding ferry, or his agent, every such person so offending shall forfeit and pay ten dollars for every such offence, one half to the informer, and the other half to the use of the commonwealth for the benefit of the literary How recoverable. fund, to be recovered with costs before any justice of the peace of the county of Mason, except when the recovery is had upon the oath of the informer only, then the whole penalty to the commonwealth for the benefit of the literary fund. Tomlinson's ferry across Ohio river Regulations. 2. This act shall be in force from its passage. CHAP. 223.-An ACT authorizing Joseph Tomlinson to establish a ferry across the Ohio river. 1. Be it enacted by the general assembly, That it shall be lawful established. for Joseph Tomlinson, his heirs and assigns, to establish and keep a ferry from his land in the county of Wood, across the Ohio river, to some convenient point on the opposite shore. The proprietor or proprietors, and keeper or keepers of said ferry, shall at all times be subject to all the regulations and penalties, and be entitled to all the rights and remedies contained in the act, entitled, "an act to reduce into one the several acts for the settlement and regulation of ferries," and in all subsequent acts and parts of acts of a public and general nature in relation to ferries. Rates of ferriage. 2. Be it further enacted, That the rates for transportation across said river at said ferry, shall be, for every man twelve and a half cents; for every horse, mule, jack or work ox, twelve and a half cents; for all riding carriages, wagons and carts, the same per wheel as for a horse; for every head of neat cattle six and a quarter cents; and for every sheep, hog or goat, two cents, and no more: Power to regulate Provided, That the general assembly shall have power to regulate the said tolls from time to time, as may be deemed expedient. tolls. 3. Be it further enacted, That the said Joseph Tomlinson, his Time to put ferry heirs and assigns, shall be allowed six months from and after the in operation. commencement of this act, to get the said ferry into operation, and Bond and security to give bond and security as required in the nineteenth section of required. the aforesaid act, otherwise this act shall cease and be void. 4. This act shall be in force from its passage. CHAP. 224.-An ACT concerning the Baltimore and Rappahannock steam packet company, and others. (Passed February 14, 1838.) Commencement. Whereas the Baltimore and Rappahannock steam packet com- Preamble. pany, chartered by the legislature of the state of Maryland in the year eighteen hundred and thirty-four, purchased of one James Wilder, and received a conveyance therefor, a piece of land on Carter's creek in this commonwealth, containing ten acres, upon which they erected a wharf, for the convenience of themselves as well as for the public generally; that the said steam packet company afterwards sold and conveyed to one Henry Hazel the said piece of land, reserving their right to the end of time to build, repair, keep up and use, free of charge, a wharf upon the said land, at a point known by the name of "Wilder's point," and to use so much of the said land as might be amply sufficient for all the business of the said company's boats at the said wharf or landing; and that the said Henry Hazel, after erecting valuable improvements upon the land aforesaid, conveyed the same in trust to one George M. Gill, of the said state of Maryland, for the benefit of his creditors. And whereas doubts are entertained whether a company chartered by another state can legally purchase or hold real estate in this commonwealth, and the said company, together with the said Hazel and his trustee, and the said Wilder, having petitioned the legislature to legalize the several conveyances herein mentioned : Therefore, legalized. 1. Be it enacted by the general assembly, That the several con- Certain conveyveyances aforesaid shall be and the same are hereby made good and ances of property valid between the parties respectively thereto, and sufficient to pass from the persons making the same such title to the land aforesaid as they may have held therein, and by them respectively conveyed. And the said steam packet company, they and their successors or Power to hold and assigns, are hereby authorized and empowered to hold and convey, convey property. or transfer at pleasure, all the rights, privileges and advantages, reserved under and by the conveyance or transfer aforesaid, executed by them to the said Henry Hazel. 2. This act shall be in force from the passing thereof. . CHAP. 225.-An ACT to incorporate the Floating dry dock company. (Passed March 14, 1838.) Commencement. persons as rated. 1. Be it enacted by the general assembly, That John Thomas, Floating dry dock Samuel D. Dakin, Benjamin H. Smith, and such other company incorpomay hereafter be associated with them, shall be and they are hereby incorporated and made a body politic and corporate, by the name and style of "The Floating dry dock company," for the purpose of constructing dry docks on the plan patented and introduced by captain John Thomas, for the repairing and coppering of all classes of vessels and steam boats; and that they are hereby invested with all Rights, powers and privileges. Capital. Real estate. Power to amend or repeal charter. Commencement. Number of trustees to constitute board reduced. Commencement. Fredericksburg academy incorporated. the rights and privileges and powers conferred on such bodies politic and corporate, by an act, entitled, "an act prescribing general regulations for the incorporation of manufacturing and mining companies," passed February the thirteenth, eighteen hundred and thirty-seven, and are hereby made subject to the reservations and regulations of said act. 2. Be it further enacted, That the capital stock of said company shall not be less than one hundred thousand dollars, nor more than five hundred thousand dollars, and shall be divided into shares of one hundred dollars each; and that said company shall have the right to hold real estate sufficient for their dock yards, for the repairing vessels, and the constructing of docks at such places as may be thought expedient for them to construct the same. 3. Be it further enacted, That the legislature reserve the right to alter or repeal the charter hereby created whenever it may think proper. 4. This act shall be in force from its passage. CHAP. 226.-An ACT to amend the act to incorporate the trustees of the (Passed April 9, 1838.) 1. Be it enacted by the general assembly, That so much of the act, entitled, "an act to incorporate the trustees of the Female collegiate institute in the county of Buckingham," passed January the thirteenth, eighteen hundred and thirty-seven, as relates to the number of said trustees, be so amended as to authorize any seven thereof to constitute a board for the transaction of business. 2. This act shall be in force from its passage. CHAP. 227.-An ACT to incorporate the trustees of the Fredericksburg academy. (Passed March 28, 1838.) 1. Be it enacted by the general assembly, That Thomas B. Barton, Reuben T. Thom, John M. Patton, R. B. Maury, John L. Marye, John H. Wallace, Murray Forbes and William Browne, be and they are hereby constituted a body politic and corporate, by the name and style of "The trustees of the Fredericksburg academy;" Corporate powers. and by that name shall have perpetual succession and a common seal, may sue and be sued, plead and be impleaded, with power to purchase, receive and hold, to them and their successors forever, any lands, tenements, rents, goods and chattels of what kind soever, which may be purchased by or devised or given to them for the use of the academy, and to lease, rent, sell, or otherwise dispose of the same in such manner as shall seem most conducive to the advanValue of property. tage of said academy: Provided, That the lands, goods and chattels so authorized to be held shall not exceed in amount or value the sum of twenty thousand dollars: And provided, That not less than a majority of the trustees for the time being shall be sufficient to authorize the sale or mortgage of any real estate belonging to said academy. The said trustees and their successors shall have power to appoint a president, tutors, treasurers, librarian, and such other officers as they may deem necessary, and to make and establish from time to time such by-laws, rules and regulations, not contrary to the laws of this state or of the United States, as they may judge necessary for the good government of said academy. A ma Real estate, how disposed of. Powers of trustees. constituted. Vacancies sup jority of the trustees shall constitute a board for the transaction of Board of trustees business; and any vacancy or vacancies amongst the trustees, occasioned by death, resignation, or legal disability, shall be supplied plied. by appointment of the board. duties. 2. The treasurer shall receive all moneys accruing to the aca- Treasurer; his demy and property delivered to his care, and shall pay or deliver the same to the order of the board. Before he enters on the dis- To execute bond. charge of his duties he shall enter into bond, with such security and in such penalty as the board may direct, made payable to the trustees for the time being, and their successors, and conditioned for the faithful performance of his duty, under such rules and regulations as may be adopted by the board; and it shall be lawful for the said trustees to obtain a judgment for the amount thereof, or for any special delinquencies incurred by said treasurer, on motion in any court of record of this commonwealth against the said treasurer and his securities, his or their executors or administrators, upon giving ten days previous notice of such motion. 3. And be it further enacted, That the legislature reserve the Charter under right to modify or repeal this charter. 4. This act shall be in force from its passage. CHAP. 228.-An ACT to incorporate the Greensville academy. (Passed March 28, 1838.) control of legislature. Commencement. demy incorporated. 1. Be it enacted by the general assembly, That Ballard Smith, Greensville acaBenjamin F. Graham, Isaac Hall, William Lightner, James M. Lilley, M'Clung Patton and Alexander M'Corkle, be and they are hereby created a body politic and corporate, by the name and style of "The trustees of the Greensville academy in the town of Greensville in the county of Augusta ;" and by that name shall have per- Corporate powers. petual succession and a common seal, may sue and be sued, plead and be impleaded, with power to purchase, receive and hold, to them and their successors forever, any lands, tenements, rents, goods and chattels of what kind soever, which may be purchased by or be devised or given to them for the use of the academy, and to lease, rent, sell, or otherwise dispose of the same in such manner as shall seem most conducive to the advantage of said academy: Provided, That the lands, goods and chattels so authorized to be Value of proheld shall not exceed in amount or value the sum of five thousand perty. dollars And provided, That not less than a majority of the trus- Real estate, how tees for the time being shall be sufficient to authorize the sale or mortgage of any real estate belonging to the said academy. The Powers of trussaid trustees and their successors shall have power to appoint a president, tutors, treasurers, librarian, and such other officers as they may deem necessary, and to make and establish from time to time such by-laws, rules and regulations, not contrary to the laws of this state or of the United States, as they may deem necessary for the good government of said academy. A majority of the trustees shall Quorum of trusconstitute a board for the transaction of business, and any vacancy Vacancies supor vacancies amongst the trustees, occasioned by death, resignation plied. or legal disability, shall be supplied by appointment of the board. disposed of. tees. tees. surer. 2. The treasurer shall receive all moneys accruing to the said Duties of treaacademy and property delivered to his care, and shall pay or deliver the same to the order of the board. Before he enters on the dis- To execute bond. charge of his duties, he shall enter into bond, with such security and in such penalty as the board may direct, made payable to the |