Directors to make a return of scribers vided the same shall not exceed fifty shares, nor exceed the sum to be paid by the original proprietor for each share. 4. It shall be the duty of the directors of the said James River delinquent sub-company to make return once in every year between the first day of October and the first day of November to the treasurer of this commonwealth of the delinquent subscribers for shares in the said company, and the said directors may make sale thereof at such time and place as they shall appoint, with consent of the treasurer, giving at least three months previous notice thereof in some of the public newspapers, and if any of the shares of such delinquents shall sell for less than the amount for which such delinquents may be in arrears, the directors shall forthwith cause the most effectual legal measures to be taken for the recovery of such arrears. CHAP. IX. An Act for regulating the Navigation of James River, above the [Passed December 17th, 1791.-Sess. acts of 1791, ch. 27, page 14.] CHAP. X. An Act giving further time to the fames River Company to complete the Navigation thereof. [Passed November 14th, 1793.-Sess. acts of 1793, ch. 28, pa. 30.] Purther time of 1. BE it enacted by the General Assembly, That the further time six years allowed for completing the navigation. Commencement of this act. of six years from and after the period mentioned in and by an act of assembly, passed in the year one thousand seven hundred and eighty-four, entituled, "An act for clearing and improving the navigation of James River," shall be, and is hereby allowed the James River Company to complete the said work; any thing in the said recited act to the contrary notwithstanding. 1. Treasurer to advance a sum of 2. This act shall commence in force, from the passing thereof. CHAP. XI. An Act for the completion of the James River Navigation. [Passed December 26th, 1795.-Sess. acts of 1795, ch. 23, pa. 23.] E it enacted, That it shall and may be lawful for the treasurer to advance on each share held by the commonwealth money on each in the James River Company, a sum not exceeding thirty dollars, in share belonging two or more requisitions, as shall be made by the president and diwealth. To be rectors of the said company, on the subscribers generally. And that reimbured out of the sums so advanced by the commonwealth, as well as the sum or to the common the tolls. Proviso, sums advanced by individuals, under the said requisitions, or in any manner loaned to the said company, shall, together with an interest at the rate of six per cent. per annum, be reimbursed to the commonwealth and to such individuals out of the tolls arising from the canal, before any dividend shall be made of the said tolls: Provided, That when the owners of shares in the said company shall have subscribed any sum of money not exceeding thirty dollars upon such share, it shall and may be lawful for the treasurer of this commonwealth, and he is hereby authorised to subscribe a sum equal No. I. to the sum so by them subscribed, which sum so subscribed shall be paid by the said treasurer upon call made by the president and directors of the said company for that purpose; and upon refusal or neglect by the owners of shares, to pay the sum or sums so by them subscribed, the president and directors shall have the same remedy, either by sale of the original shares, or by notice and motion before the courts against the said owners, as was allowed them on the shares originally subscribed by said owners, and such delinquent subscribers shall moreover be liable for interest from the time such requisition ought to have been complied with: Provided also, That one Further proviso. half the sum thus raised, be exclusively appropriated to the opening and clearing the navigation of the river through the Blue Ridge up to Crow's Ferry. CHAP. XII. IN THE HOUSE OF DELEGATES, Tuesday, Dec. 1st, 1795. HEREAS the migration of American youth to foreign countries for the completion of their education, exposes them to the danger of imbibing political prejudices disadvantageous to their own republican forms of government, and ought therefore to be rendered unnecessary and avoided: Resolved, That the plan contemplated of erecting an University at the Federal City, where the youth of the several states may be assembled, and their course of education finished, deserves the countenance and support of each state. And whereas when the General Assembly presented sundry shares in the James River and Potowmac Companies, to George Washington, as a small token of their gratitude for the great, eminent and unrivalled services he had rendered to this commonwealth, to the United States, and to the world at large, in support of the principles of liberty and equal government, it was their wish and desire that he should appropriate them as he might think best. And whereas the present General Assembly retain the same high sense of his virtues, wisdom and patriotism: Resolved therefore, That the appropriation by the said George Washington of the aforesaid shares in the Potowmac Company to the University intended to be erected in the Federal City, is made in a manner most worthy of public regard and of the approbation of this commonwealth. Resolved also, That he be requested to appropriate the aforesaid shares in the James River Company, to a Seminary at such place in the upper country as he may deem most convenient to a majority of the inhabitants thereof. December the 2d, 1795-Agreed to by the Senate. Note. The interest of Gen. Washington in the James River Company was vested in the Liberty-Hall Academy in Rockbridge. See acts of 1796, ch. 41, pa. 26 -acts of 1797, ch. 40, pa. 26. CHAP. XIII. An Act giving certain powers to the James River Company. [Passed December 28th, 1797.-Acts of 1797, ch. 38, pa. 25.] 1. BE Company autheë E it enacted by the General Assembly, That the James River No. I. ney by lon for loan or otherwise, a sum or sums of money, and to apply the same the purposes herein. Time of annual meeting. May have & use a common seal. Commencement, Preamble. discretional with the company. to the opening and improving of the branches of James River: Provided always, That the prosecution of such works shall not impede the improving of the navigation of the main branch of the said river, as is by law directed. 2. And be it further enacted, That the general annual meeting of the said company, shall hereafter be held on the second Tuesday in December, in every year, instead of the first Monday in October. 3. And be it further enacted, That the said company be permitted to have and use a common seal. 4. This act shall be in force from and after the passing thereof. CHAP. XIV. An Act concerning the James River Company. WHEREAS by two several acts of General Assembly, the James River Company, are compelled to make locks from the upper navigation to tide water, within a limited time, or incur a forfeiture of their interest in the said company; and whereas it is represented, that the necessary improvement of the said navigation, has far exceeded the sum first contemplated, and has exhausted the funds of the said company, so as to leave no other resource which at present can be calculated on except the tolls; and whereas the public are equally interested with individuals in the promotion of a work, the cost or emoluments of which cannot be increased without producing equal benefits or burthens to both: and whereas the erection of said locks will require a very large sum of money, in addition to what has been already laid out, and which if it can be raised will greatly extend the term for reimbursement to the individuals as well as to the public, for advances already made, independent of those which may be hereafter requisite; and whereas an alteration of the plan, or prolongation of time to a convenient day, for making the said locks, will shortly produce a very considerable income yearly, besides the sum necessary to keep the work in repair, and support the establishment: Timeof complet- 1. Be it therefore enacted, That the erection of the said locks shall, ing the locks re- as to time of commencement and completion, be optional with the quired by law, said company, any thing to the contrary in any law notwithstanding; and that all laws which come within the purview of this act, shall be, and the same are hereby repealed: Provided, That the discretion hereby given to the said company, shall not be so construed, as to prohibit any future legislature from directing the completion of the said locks, whenever it shall appear reasonable. Commencement. Preamble. 2. This act shall commence and be in force from and after the passing thereof. CHAP. XV. An Act concerning the James River Company. [Passed January 30th, 1805.-Acts of 1804, ch. 30, pa. 29.] WHEREAS, by the act entituled, " An act, for clearing and im proving the navigation of James River," it is declared that the tolls by the said act allowed," are granted and shall be paid on condition only, that the James river company shall make the river well capable of being navigated in dry seasons, by vessels drawing one foot water at least, from the highest place practicable, to the great falls" And whereas, it has been represented to this present general assembly, that the james river company, although they have received, since the first day of October, in the year one thousand seven hundred and ninety-five, the full tolls allowed by the above recited act, have failed to remove many obstructions to the navigation of the said river; and that the bed thereof is not so cleared as to be well capable of being navigated in dry seasons by vessels drawing one foot water; by means whereof the navigation has been much impeded, and the expense of transportation considerably greater than it otherwise would have been. 2. Be it therefore enacted, That from and after the first day of Tolls, when to cease, unless this January, in the year one thousand eight hundred and seven, the actcomplied with said James river company shall not demand nor receive any of the tolls allowed by the above recited act, unless the said company shall have made the said river well capable of being navigated in dry seasons by vessels drawing one foot water at least, from the highest place practicable to the great falls, according to the true intent and meaning of the said recited act. And in order to ascertain the fact whether the said James river company shall so complete the navigation, and the time when it shall have been so completed, amine situation 3. Be it enacted, That Charles Yancey, Hudson M. Garland, Commissioners Charles Beale, Joseph Grigsby and Jabez Leftwich, gentlemen, appointed to ex be and they are hereby appointed commissioners, who, or a majority of the river. of them, when required by the James river company, shall without delay, during the next dry season, view the said river from the highest practicable place of navigation to the great falls, and make report to the executive of this commonwealth; and whenever the said commissioners, or a majority of them, shall report to the executive that the said company shall have complied with the directions of the said recited act, in completing the navigation of the said river above the great falls thereof, from thenceforth the said company shall be entitled to demand and receive the full tolls allowed by the said recited act. 4. And be it further enacted, That the said commissioners shall Commissioners, each be allowed the sum of five dollars per day for every day they how paid. shall act, to be paid by the said James river company, if it shall ap-pear by their report that the company have not at present complied with the directions of the said recited act, in completing the navigation as aforesaid, otherwise the said allowance shall be paid by the treasurer on a warrant from the auditor of public accounts out of any money in the treasury. 5. And be it further enacted, That from and after the first day of When to commu January, in the year eighteen hundred and ten, the said James ri- nicate with tide ver company shall not demand or receive any of the tolls allowed water. by the above recited act, unless, in addition to the work already described and required to be performed by this act, they shall also extend the navigation to tide water, in the manner prescribed in the act, entituled "An act for clearing and improving the navigation of James river." 6. This act shall commence and be in force from and after the passing thereof. Bb Commencement. Preamble. Further time al 1. CHAP. XVI. An Act concerning the James River Company. [Passed Feb. 3d, 1806-Acts of 1805, pa. 49.] BE it enacted by the General Assembly, That the fifth secti on of the act, entituled, "An act concerning the James ri ver company," passed on the thirtieth day of January, one thousand eight hundred and five, shall be and the same is hereby repealed: Provided nevertheless, That nothing in this act shall extend, or be construed to extend, to alter the terms of the charter of the said James River Canal Company, or to deprive the legislature of the right heretofore held by them, of directing and obliging the said company to connect the navigation of the said canal with tide water, by locks, or otherwise, as to them may seem best. 2. This act shall commence and be in force from and after the passing thereof. CHAP. XVII. An Act to amend "An Act concerning the James River Company?" [Passed December 31st, 1806-Acts of 1806, ch. 64, pa. 26.] WHEREAS it hath been d by the act, entitled as an act con WHEREAS it hath been represented, that a majority of the cerning the James River Company," passed the thirtieth of January, one thousand eight hundred and five, met pursuant to the notification of the said company, in order to view the said river and ascettain whether the navigation thereof from the highest practicable point to the great falls, had been completed according to the terms of the original charter; but owing to a sudden rise of the water, they were prevented from effecting the object of their meeting; and it is just and reasonable that a further time should be allowed for that purpose: 1. Be it therefore enacted, That the further time of one year from lowed James ri- the first day of January next, be allowed the James River Company, ver company to and the commissioners appointed by the above recited act, or a macomply with act of 1805. jority of them, to comply with the provisions thereof; and in the mean time, the James River Company shall be permitted to collect the full tolls allowed by the act "For clearing and improving the navigation of James River," any thing in the first mentioned act to the contrary notwithstanding. Commencement. 2. This act shall commence and be in force from and after the passing thereof. ACTS CONCERNING JAMES RIVER AND ITS NAVI- [THE following acts relating to subjects not immediately under the control of the James River Company, and not of general concern, it is deemed unnecessary to publish more than the titles.] WILLIS's RIVER. An Act for opening and extending the Navigation of Willis's River. [Passed Dec. 10, 1787.-Sess. acts of 1787, ch. 50, pa 35] |