IN THE SEVENTEENTH YEAR OF THE COMMONWEALTH. 199 ftrike measure, under the penalty of paying two dollars and fifty cents for every fuch failure; recoverable with cofts, before a Juftice of the Peace for the County wherein fuch mill shall be, to the ufe of the informer. And if the miller be a flave or fervant, his mafter or owner shall be liable to the penalty; or if the owner of fuch mill shall not live within the fame County, nor have any known attorney therein, the appearance of fuch fervant or flave before the Juftice to whom fuch complaint shall be made, shall be fufficient for him to proceed against the mafter or owner, but if he, or she, his, or her known attorney lives in the County, his, or her appearance shall be required. a 1792. their mills. Their duty where public roads pafs over their dams. XI. NO owner or tenant of any mill, not having fifty acres of land adjoin. When they shall not ing thereto, shall keep any fwine uninclofed at fuch mill, on pain that the fame keep hogs at large at shall be liable to be taken and converted to his own ufe by the proprietor or tenant of any adjacent lands, or by any other perfon authorised by them. b XII. THE owner or occupier of every dam over which a public road paff. es, shall conftantly keep fuch dam in repair, at least twelve feet wide at the top through the whole length thereof, and shall keep and maintain a bridge of the like breadth with ftrong rails on each fide thereof over the pier head, flood gates, or any wafte, cut through or round the dam, under the penalty of one dollar and fixty-feven cents for every twenty-four hours failure, but where a mill dam shall be carried away, or deftroyed by tempeft, or accident, the owner or occupier thereof, shall not be liable to the faid penalties from thenceforth until one month after fuch mill shall have been fo repaired as to have ground one bushel of grain. c XIII. WHERE the owner of any mill now standing, or licensed to be built, hath by any act of Affembly been compelled to make locks, flopes, or opening for navigation or the paffage for fish, the fame shall be continued under the conditions impofed by fuch act, and shall be deemed fufficient in law, fo long as the dam now ftanding or building shall remain: But it shall not be lawful to rebuild fuch dam in future, but on enquiry by jury into the obftructions of fish and navigation, and the means of preventing the fame, and the final order of the Court, to be applied for, and conducted in the manner before directed in other cafes. d Regulation refpecting locks and flopes in the dams of mills already built, obftructed by dams, XIV. IT shall not be lawful for any perfon to erect or fix on any water Navigation, or the parcourse, any dam, hedge, weir, feine, drag, or other toppage, whereby navigati- fage of fith not to be on or the paffage of fish may be obstructed, fave only for the purpose of working hedges, &c. without fome m chine or engine, ufeful to the public, in which cafes the fame proceed- leave as in the case of ings shall be had, as are before directed in the cafe of a water grift mill, or for mills, the purpose of a water grift mill, before provided for. And where any fuch are now standing, or shall hereafter be erected or fixed, the owner or tenant of the lands adjacent thereto (whether the fame were erected or fixed by himself or another) shall caufe it to be abated. And whofo offendeth herein, shall be deemed guilty of a nuisance. d County courts may con XV. AND whereas many of the rivers and creeks of this commonwealth are stopped and choaked by ftones, trees; ftumps and rubbish therein, and by hedges, weirs, or ftone ftops, in or across the fame, whereby the paffage of boats and other veffels, and of fish, is obftructed, to the great damage of the inhabitants of this commonwealth, and the hindrance of trade and commerce; Be it therefore exacted, that where any river or creek shall be in one county only, tract for clearing riverá the court of fuch county fhall be, and is hereby empowered and required, to and creeks of certain contract and agree with any perfon or perfons they shall think fit to clear the obftructions to naviga famé, as far as it shall be paffable for loaded boats, if fuch obftructions were re- tion, &c. noved, and to levy fo much money in their county levy as shall be fufficient to difcharge fuch agreement; and where any river or creek in this commonwealth shall divide two or more counties, the courts of every fuch county shall join in fuch agreement, and levy the charge thereof in proportion to the number of tithables in each county: Provided always, that nothing herein contained shall Not to extend to ob be conttrued to oblige any county court or courts to contract for removing ly by the force of gunrocks, or such obftructions, in any river or creek, as cannot be removed without powder. the force of gun-powder: And provided also, that the courts of the counties ad- Certain rivers excepted. joining to the rivers Meherrin, Nottoway, Roanoke and Rappahannock, above the falls thereof, shall not be obliged by this act to contract for the clearing the faid rivers or any of them. (a) 1748, ch. 20, stc. 10., (d) 1785, ch. 92, sec. B. pa. 7. amending this clan es ftructions removable on Penalty for felling trees into rivers or creeks. Repealing claufe. Privifo. Commencement of this A&. XVI. WHOSOEVER shall fell any tree or trees, or caufe the fame to be felled into any river or creek, or any run whereon there is or shall be erected any public bridge or bridges within this commonwealth, and shall not cut and carry away the fame within the space of forty-eight hours after fuch felling, shall forfeit and pay two dollars and fifty cents for every tree fo felled and not cut and carried away, to be recovered before a Juftice of the Peace of the county where fuch offence shall be committed, and shall be to the use of the informer. a XVII. ALL and every Act and Acts, claufe and claufes of Acts containing any thing within the purview of this Act, fhall be, and the fame are hereby repealed. Provided always, that nothing in this act shall be construed to affect any rights, remedies, fines, forfeitures, penalties or amercements, which have accrued, been vested, or incurred prior to the commencement of this a&t. XVIII. THIS A&t fhall commence and be in force, from the paffing thereof. Penalty for importing the small pox. CHAP. CVI. An Act to reduce into one, the feveral Acts for regulating the Inoculation of the B E it enacted by the General Affembly, That if any perfon or perfons whatfoever, fhall wilfully or defignedly prefume to import or bring matter to inoculate for into this Commonwealth, from any country or place whatever, the fmall-pox, or any variolous or infectious matter of the faid diftemper, with a purpose to inoculate any perfon or perfons whatever, or by any means to propagate the faid diftemper within this Commonwealth, he or the fo offending, fhall forfeit and pay the fum of three thousand dollars for every offence fo committed; one moiety whereof fhall be to the informer, and the other moiety to the overseers of the poor of the County, where the offence fhall be committed, for the ufe of the poor of the faid County, to be recovered with coits, by action of debt, bill, plaint, or information, in any court of record within this Commonwealth. b II. BUT for as much as the inoculation for the fmall-pox may, under peculiar circumstances, be not only a prudent, but neceflary means of fecuring those who are unavoidably expofed to the danger of taking the distemper in the natural way, and for this reafon it is judged proper to tolerate it, under reafonable restrictions and regulations. III. BE it therefore enacted, That if any perfon fhall think him or herself, his, or her family expofed to the immediate danger of catching the faid distemper, fuch perfon may give notice thereof to the Sheriff of any County, or to the Mayor or Chief Magiftrate of any City or Corporation; and the faid Sheriff, Mayor, or Chief Magiftrate fhall immediately, and without lofs of time, fummon all the acting Magiftrates of the faid County, City, or Borough, to meet at the moft convenient time and place in the faid County, City or Borough, and the faid Magistrates, or fuch of them as fhall be prefent, being affembled, fhall confider whether, upon the whole circumftances of the cafe, inoculation may be prudent or neceffary, or dangerous to the health and fafety of the neighbourhood; and thereupon either grant a licenfe for fuck inoculation, under fuch reftrictions and regulations as they fhall judge neceffary and proper, or prohibit the fame, as to them, or a majority of them, fhall feem expedient; or any perfon having firft obtained in writing (to be attested by two witneffes) the confent of a majority of the house-keepers refiding within two miles, and not feparated by a river, creek, or marth, a quarter of a mile wide, and conforming to the following rules and regulations, may inoculate, or be inoculated for the fmallpox, either in his, or her own houfe, or at any other place. d IV. NO patient in the fmall-pox fhall remove fion: the houfe where he or fhe fhall have the distemper, or fhall go abroad into the company of any perfon who hath not before had the fmall pox, or been inoculated, or go into any public road where travellers ufually pafs, without retiring out of the fame, or giving notice upon the approach of any paffenger, until fuch patient hath recovered from the distemper, and hath been fo well cleanfed in his or her perfon and (a) 149, ch. 23, fec. 3. (b) 1769, ch. 25. () Ib. sec. 2, (d) 1777, cb. IN THE SEVENTEENTH YEAR OF THE COMMONWEALTH. 201 cloaths, as to be perfectly free from infection, under the penalty of feven dollars for every offence, to be recovered, if committed by a married woman, from her husband; if an infant, from the parent or guardian; and if a fervant, or flave, from the mafter or mistress. a V. EVERY phyfician, doctor, or other perfon undertaking inoculation at any house, shall cause a written advertisement to be put up at the nearest pub. lic road, or other most notorious adjacent place, giving information, that the fmall-pox is at fuch house, and fhall continue to keep the fame fet up fo long as the diftemper or any danger of infection remains there, under the penalty offe ven dollars for every day that the fame fhall be omitted or neglected, to be paid by the phyfician or doctor, if the offence fhall be committed when he is prefent, or by the mafter, miftrefs, manager, or principal perfon of the family, refpectively, if the offence is committed in the abfence of the phyfician or doctor. Every phyfician, doctor, or other perfon undertaking inoculation at any public place, or hofpital, for the reception of patients, fhall, before he discharges the patients, or fuffers them to be removed from thence, take due care that their perfons and cloaths are fufficiently cleanfed, and fhall give fuch patients, refpectively, a certificate under his hand, that in his opinion they are free from all danger of spreading the infection, under the penalty of ten dollars for every offence; and every perfon wilfully giving a falfe certificate, thall be fubject to the penalty of thirty dollars. a VI. IF any person who hath not had the fmall-pox, other than those who have been, or intend to be inoculated, fhall go into any houfe where the fmal!pox then is, or intermix with the patients and return from thence, any Justice of the Peace for the County or Corporation, on due proof thereof, may by warrant caufe fuch perfon to be conveyed to the next hofpital where the smallpox is, there to remain until he or she fhall have gone through the diftemper, or until the phyfician or manager of the hofpital thall certify that in his opinion fuch perfon cannot take the fame, and if fach perfon be not able to pay the neceffary expenfes, the fame fhall be paid by the County. a may VII. AND whereas checking the progrefs of the faid distemper, where it may accidentally break out, or the regulations which may be eftablished for carrying on inoculation, may be attended with fome expenfe, it shall and be lawful for the Juftices of every County, at the time of laying their levy, and for the Mayor, Recorder, Aldermen, and Common-Council of any City or Borough, at fuch time as they shall judge moft convenient, to levy on the tithable perfons in their faid County, City, or Borough, fo much money as will be fufficient to defray the expenfes neceffarily incurred for the purposes aforefaid, in any fuch County, City, or Borough, b 1792. Expenfes incurred in checking the diftemper or carrying on inoculation, how to be defray❤ ed. by enjoined. VIII. IF any Sheriff, Mayor, or Chief Magiftrate, fhall, upon application Penalty on the theriffs to him made, in manner aforefaid, refuse, or unreasonably delay to fummon the and magiftrates for ne Magiftrates of any County, City, or Borough, for the purpofe aforefaid, or if glect of the duties hereany Magiftrate fo fummoned, fhall refufe or neglect to attend, according to fach fummons, every fuch Sheriff, Mayor, or Chief Magiftrate, fhall forfeit the fum of three hundred dollars upon his refufing or neglecting to give fuch notice without reafonable excufe; and every other Magiftrate fo refufing or neglecting, without reafonable excufe, fhall alfo forfeit and pay the fum of twenty dollars to the perfon aggrieved. b without licenfe, &c. IX. IF any perfon or perfons fhall inoculate or procure inoculation for the Penalty for inoculating fmall-pox, to be performed within this Commonwealth, without obtaining a license or confent to inoculate in the manner herein before directed, or shall not conform to the rules and regulations prefcribed by fuch justices, he, she, or they fhall forfeit and pay respectively, for every fuch offence, the fum of three hundred dollars; one moiety whereof shall be to the informer, and the other moiety to the overfeers of the poor of the County wherein fuch offence fhall be commited, for the ufe of the poor of the faid County, to be recovered with coits, by action of debt, bill, plaint, or information, in any Court of Record within this Commonwealth; and moreover it shall and may be lawful for any Juftice of the Peace, upon information given to him upon oath, to ifue his warrant against any perfon fo offending, and upon fufficient proof before him made, to caufe fuch offender to give fecurity in fuch reafonable penalty as fuch Juftice fhall think fit, for his or her good behaviour, and upon failure to give uch fecurity, to commit him or her to the Jail of his County or Corporation, (a) Oct. 1777, ch. 5, fec. 2, 3, 4. (b) 1769, ch. 26, Sec. 5. |