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til the before mentioned capital is completed: to contract with any persons on behalf of the company to perform such works as they judge necessary for deepening the channel of the said river from Pocahuntas bridge to Broadway, and for keeping the same open: to appoint such officers as they deem necessary to be employed in the service of the company: to call a meeting of the company, when necessary, to receive from the subscribers the sums respectively subscribed by them, at such times, and in such proportions, as they shall judge proper: and to transact all the other business and concerns of the said company.

III. If any member shall fail to pay to the person authorised by the president and directors to receive the same, the proportion of the subscription required of him within one month after such requisition is made in the Petersburg gazette, the said president and directors may recover the same by motion in the general or district court, in the same manner as the president and directors of the James river and Potowmack companies, can recover the arrears due from any member of the said companies.

IV. There shall be a meeting of the said Appamattox companp, on the first Monday in May in every year, at which members, or their proxies, having one hundred and five shares at the least, shall be present, and at any intermediate meeting, members or proxies, having sixty shares, shall be sufficient.

V. If a sufficient number of members be not present on the first day; the meeting may be adjourned from day to day, until a sufficient number attend. In counting the votes, each member shal! be allowed one vote for every share, as far as ten shares, and one vote for every five shares after ten. The said company at their annual meeting, or at any other meeting called by the president and directors, may call upon them for an account of their proceedings and contracts, for the execution of the plan for deepening the said river, and of the money received and disbursed by them, and may allow them a sum for their services: may displace the said president and directors, or any of them, and appoint others in their stead: may lower the tolls hereinafter allowed them, and may exempt any vessels from the papment thereof: And shall, after leaving in the hands of the president and directors a sufficient VOL. XIE Z 4

sum for the expences attending the repairs of the said works, and other contingent charges, make an equal dividend of the nett profits arising from the tolls and other profits thereof amongst themselves according to their respective proportions. In consideration of the expences that will be incurred by the said company in deepening the bed of the said river and keeping the same open, the members of the said company, their heirs and assigns, shall be entitled to the tolls herein after mentioned, for ever, as tenants in common, in proportion to their respective shares, and the same shall be deemed real estate, and be for ever exempt from the payment of any tax or imposition whatsoever.

VI. And it shall and may be lawful for the said president and directors, to demand and receive at the place called the Bakehouse, on the said river, or at such other places above that as the said president and directors shall appoint, tolls from vessels drawing upwards of five feet of water, for their passage by or through the said places, according to the following table and rates, to wit: On vessels of five and half feet, three shillings per foot; on vessels of six feet, three shillings and nine pence per foot; on vessels of six and half feet, four shillings and six pence per foot; on vessels of seven feet, five shillings and three pence per foot; on vessels of seven and half feet,six shillings per foot; on vessels of eight feet, six shillings and nine pence per foot; on vessels of eight and half feet, seven shillings and six pence per foot; on vessels of nine feet, nine shillings per foot; on vessels of nine and half feet, eleven shillings and three-pence per foot; on vessels of ten feet, fifteen shillings per foot; on vessels over ten feet, and not more than twelve feet, twenty shillings per foot; and on all vessels over twelve feet, one pound five shillings per foot. Which tolls are rated in money, and may be discharged in gold or silver coin at their current value.

VII. The tolls herein before allowed to be demanded and received, shall be paid on condition only, that the said Appamattax company shall make the said river capaple of being navigated in any season, from Broadway to Pocahuntas bridge, by vessels drawing twelve feet water, and in case the company shall not begin the said work within two years after the company shall be formed, and compleat the same within se

ven years after it is begon, then the said company shall not be intitled to any benefit or privilege under this

act.

VIII. If payment of the said tolls shall be refused, when any vessel from which the same are demandable offers to pass by or through the said places herein before named, the collectors may lawfully refuse to such vessel; and if any such vessel shall pass without paying the said tolls, the master, skipper, or owner of such vessel, shall forfeit and pay to the said Appamattox company, the sum of two ponnds for every foot of water which it may draw; to be recovered on motion and ten days notice, in any court of record within this commonwealth. The said river and the channel thereof when deepened as aforesaid, shall forever be considered and taken as a public highway for the passage of all vessels, and transportation of all commodities, upon payment of the tolls aforesaid; and no other tax or toll shall at any time hereafter be imposed for the use of the water of the said river; but the said river shall nevertheless be subject to such regulations, as may be prescribed by the laws of this state or the United States. The shares in the said company shall to all intents and purposes be held and transferred by the proprietors thereof, in the same manner and on the same conditions, as the shares of the proprietors in the James river and Potowmack companies.

IX. Nothing herein contained shall be construed to prevent vessels drawing less than five and an half feet water, from using and navigating the said river Appamattox, in the same manner as if this act had never been made: Provided always, That nothing herein contained shall be construed to affect the private right of any individual owning a fishery on the said river.

Erratta in the former publi. cation.

Between the words 'judge and 'clerk' in

practising ei

CHAP. LXXXIII.

An act to punish bribery and extor

tion.

[Passed at the October session of assembly, in the year one thou. sand seven hundred and eighty-six, and now republished by a resolution of assembly of the 19th of December 1788, with marginal notes shewing the errors in the former publication.]

1. BE it enacted by the General Assembly, That third line are no treasurer, keeper of any public seal, councillor of inserted the state, counsel for the commonwealth, judge, clerk of words or at the peace, sheriff, coroner, escheator, nor any other tornies at law, officer of the commonwealth shall, in time to come, ther in the take, in any form, any manner of brokage or reward generalcourt, for doing his office other than is, or shall be, allowed high court of chancery, by some act of general assembly passed after the insticourt of ap. tution of the commonwealth, that is to say, after the peal, court fifteenth day of May in the year of our Lord one thouof admiralty sand seven hundred and eighty-six. And he, that courts' which doth, shall pay unto the party grieved, the treble value are not in the of that he hath received, shall be amerced and imprisoned at the discretion of a jury, and shall be disThe word other' in the charged from his office forever. And he who will sue roll after the in the said matter shall have suit as well for the comwords nor a- monwealth as for himself, and the third part of the ny' is omit. amercement.

or inferior

roll.

ted.

END OF TWELFTH VOLUME.

TO THE

TWELFTH VOLUME

OF THE

STATUTES AT LARGE.

ABATEMENT.

Pleas in, rules concerning 465, 745.

ABSENT DEFENDANTS. Proceedings against, in county courts 35, 471. In high court of chancery 466.

ACTIONS. By and against executors and administrators 152.

ACTS OF ASSEMBLY. When to commence 129. Certain acts of 1786, suspended 410. Evidence of royal assent to, how supplied 501.

ADJOURNMENT Of assembly 128. Of district courts 735. Adjourned questions 736.

ADMINISTRATION. Jurisdiction, in granting; who preferred; when creditor 146. Letters of 148. Lists of 149. When committed to sheriff 153.

ADMINISTRATORS. See executors and administrators. ADMIRALTY. Jurisdiction 736. Judges appointed to general cour

Court of admiralty discon

tinued 769.

ADVANCEMENT Brought into hotchpot 139. AFFRAYS

How punished 334.

ALBEMARLE. Lands liable for taxes in, during sheriffalty of John Marks, how sold 662.

ALEXANDRIA.

Streets in, and adjoining, regulated 205. Part of act repealed 362. Limits extended 362. Academy in, incorporated 392

ALIAS CAPIAS When it may issue 744.

ALIENATIONS. Wrongful, and warrantees, to pass only what graptor might lawfully convey; how far heirs barred, or bound to recompence tenant 166.

ALIENS Descent through 139. In case of war, how treated 184. When retaliation may be resorted to 185. Aliens, how naturalized 261.

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