No. II. 2. BE it enacted and declared, That the said locks which have been Locks erected already erected and completed, shall be deemed and taken as suffi- shall be lawful cient and effectual as if the same had been constructed and erected of the breadth of fourteen feet; Provided always, that nothing here- Proviso, feet in breadth; Provided also, That every lock which shall hereaf- Whatkind ofma- 3. And whereas it appears by the said memorial, that doubts have arisen relative to the true construction of the seventeenth sec tion of the act, entituled, "An act for opening and extending the navigation of the Potowmac River," in the specification therein mentioned and expressed of the seasons in which the said river shall be made well capable of being navigated. Be it therefore enacted and declared, That by the words "dry seasons," as used in the said section, were and are to be intended and understood, all seasons, so far as relates to the navigation of said river from Fort Cumberland to tide water. The 17th sect. of the law for ex tending the navi gationexplained. 4. And be it enacted, That Tobias Lear, Stevens Thomson Ma- Commissioners son, Lawrence A. Washington, Hugh Holmes, Nicholas Fitzhugh, appointed to exOsborne Sprigg and Edward M'Carty, shall, and are hereby ap- plore the river & pointed commissioners, to explore and review the said river, at any assembly. time before the first day of November, when the water is in such a state as to enable them to judge most accurately of the work which nas been done by said company, and they shall report to the next General Assembly, the manner in which the said work is done, the depth of the water in the shallowest places where boats generally pass, and all other necessary information that can be procured relative to the subject, together with their own opinions thereon. 5. And be it further enacted, That the said Potowmac Company Slaves from Maare hereby authorised and empowered to employ from the state of ryland may be Maryland, slaves for the purpose of further improving the navigati- employed by the on of the said river, and that the slaves so employed, shall not be company. entitled to their freedom in consequence of such removal from the state of Maryland, any law to the contrary notwithstanding. 6. Be it enacted, That the further time of three years, to be com- A further time puted from the expiration of the term already given, shall be, and allowed for comis hereby allowed the Potowmac Company to complete the naviga- pleting the navi tion of said river, gation. 7. Provided, That a majority of the said commissioners shall be A majority sufficient to execute the duties assigned them by this act; who shall be paid for their services by the Potowmac Company. commissioners. may execute the duties assigned them and be paid 8. This act shall commence and be in force from and after the for their services passing thereof. Commencement. CHAP. XX. An Act allowing a further time to the Potomac Company for completing the Navigation of the Potowmac River, and for other purposes. Further time of 1. company to com. [Passed January 24th, 1806-Acts of 1805, ch. 62, pa. 35.] E it enacted by the General Assembly, That the further time term already granted, shall be and is hereby allowed the Potowmac plete navigation. Company to complete the navigation of the Potowmac River. 2. And be it further enacted, That whensoever any person or perferring interest sons shall seal and deliver a writing, purporting to be a conveyance in said company. of any share or shares in the said company, or of any interest in Manner of trans Commencement Preamble. Persons authori such share or shares, the said writing shall be sufficient for transferring such share or shares, or interest therein, if the same be acknowledged by the partics making such conveyance, or proved by three witnesses of the sealing and delivery of the writing, before any court of law, or two magistrates thereof, or the mayor or other chief magistrate of any city, town or corporation, certified by such court, magistrates, mayor, or chief magistrate, in the manner such acts are usually authenticated by them, and entered, registered, or recorded, in the books of the said company, within the time now allowed by law for making such entry, register, or record as aforesaid. And where a feme covert shall be a party making any conveyance as aforesaid, her acknowledgment thereof may be taken without the formality of a commission to be issued for that purpose; but shall be made by such feme covert privily and apart from her husband as heretofore, in presence of the court or persons herein authorised to certify the same, before the said writing shall be considered as effectual for conveying the right or interest of such feme covert. 3. This act shall be in force from the passing thereof. CHAP. XXI. An Act for opening and extending the Navigation of Shenandoak River. [Passed January 23d, 1798.-Acts of 1797, ch. 35, pa. 20.] HEREAS the extension of the navigation of Shenandoah River, will be of public utility, and the Potowmac Company having relinquished their right to the opening thereof, on certain conditions: And whereas it may be necessary to cut canals, and erect locks, and other works on both sides of the river, and the legislature of Virginia, impressed with the importance of the object, are desirous of encouraging so useful an undertaking: 1. BE it therefore enacted by the General Assembly, That it shall sed to receive and may be lawful to open books in Winchester, under the directisubscriptions in certain places. on of Robert Macky, Hugh Holmes, and Adam Douglas; in Charlestown, under the direction of George Hite, Thomas Hammond and Van Rutherford; in Woodstock, under the direction of William H. Dulaney, Robert Gaw and Isaac Bowman; in Harrisonburg, under the direction of John Koontz, Asher Waterman and Thomas Harrison; in Staunton, under the direction of Archi on the 1st March bald Stewart, Alexander St. Clair and James Edmondson; and in Martinsburg, under the direction of Philip Pendleton, David Hunter and Elisha Boyd; which subscriptions shall be made personally, or by power of attorney, in Spanish milled dollars. The said books Subscriptions shall be opened for receiving subscriptions, on the first day of March shall commence next, and continue open for this purpose, until the first day of Ja- next, and genenuary, in the year one thousand seven hundred and ninety-nine; ral meeting of and on the fifteenth day of the said month of January last mention- subscribers take ed, there shall be a general meeting of the subscribers, at Wood- place at Woodstock, Jan'ry 15, stock, of which meeting, notice shall be given by the said managers, 1799. or any three of them, in the Winchester Gazette, at least one month next before the said meeting, and such meeting shall and may be continued from day to day, until the business is finished; and the Managers to acting managers at the time and place hereinafter mentioned, shall make report of lay before such of the subscribers as shall meet according to the said their proceed. notice, the books by them respectively kept, containing the state of the meeting. said subscriptions: And if one half the capital sum herein after mentioned, should, upon examination, appear not to have been subscribed, then the said managers at the said meeting, are empowered to take and receive subscriptions, to make up the deficiency, and a just ings to said List of subseri and true list of all the subscribers, with the sums subscribed by each, bers to be recor shall be made out and returned by the said managers, or any three or ded. more of them, under their hands, into the district court held at Winchester, to be there recorded. into 600 shares ber of shares. 2. And in case more than one hundred and twenty thousand dol- Capital divided lars shall be subscribed, then the same shall be reduced to that sum, 200 dols.each by the said managers, or a majority of them, by beginning at, and and proceedstriking off a share from the largest subscription or subscriptions, ings incase of exand continuing to strike off a share from all subscriptions under the cess in the num largest, and above one share, until the sum is reduced to the capital aforesaid; or, until a share is taken from all subscriptions above one share; and lots shall be drawn between the subscribers of equal sums, to determine the numbers in which such subscribers shall stand, on a list to be made for striking off as aforesaid; and if the sum subscribed still exceeds the capital aforesaid, then to strike off by the same rule, until the sum subscribed is reduced to the capital aforesaid, or all the subscriptions are reduced to one share; and if there still be an excess, then lots to be drawn to determine the subscribers who are to be excluded, to reduce the subscriptions to the capital aforesaid, which striking off, shall be certified in the list aforesaid, and the said capital sum shall be reckoned and divided into six hundred shares, of two hundred dollars each, of which, every person subscribing, may take and subscribe for one or more whole shares, and not otherwise. Provided, That unless one half of the said capital shall be subscribed as aforesaid, all subscriptions made in consequence of this act, shall be void; and in case one half, and less than the whole of the said capital shall be subscribed as aforesaid, then the president and directors are hereby empowered and directed to take and receive the subscriptions which shall first be offered in whole shares as aforesaid, until the deficiency shall be made up, a certificate of which additional subscriptions, shall be made un der the hands of the president and directors, or a majority of them, for the time being, and returned to, and, recorded in, the district court aforesaid. Proviso. corporated, shall No. II. Subscribers in 3. And be it further enacted, That in case one half of the said caelect a president pital, or a greater sum shall be subscribed as aforesaid, the said suband four direc- scribers, and their heirs and assigns, from the time of the said first tors-Votes how meeting, shall be, and are hereby declared to be incorporated into a taken. Power of president and direct concerns, appointing officers, &c. company by the name of the Shenandoah Company, and may sue and be sued as such; and such of the said subscribers as shall be present at the said meeting, or a majority of them, are hereby empowered and required to elect a president and four directors, for conducting the said undertaking, and managing all the said company's business and concerns, for and during such time, not exceeding three years, as the said subscribers, or a majority of them, shall think fit; and in counting the votes of all general meetings of the said company, each member shall be allowed one vote for every share, as far as ten shares, and one vote for every five shares above ten, by him or her held at the time in the said company, and any proprietor by writing under his or her hand, executed before two witnesses, may depute any other member or proprietor to vote and act as proxy for him or her, at any general meeting. 4. And be it further enacted, That the said president and direcors in managing tors so elected, and their successors, or a majority of them assemthe company's bled, shall have full power and authority to agree with any person or persons, on behalf of the said company, to cut such canals and erect such locks, and perform such other works, as they shall judge necessary, for opening, improving and extending the navigation of the said river, to the highest parts of the North and South Branches, to which navigation can be extended, and carrying on the same from place to place, and from time to time, and upon such terms and in such manner, as they shall think fit; and out of the money arising from the subscriptions and the tolls, and the other aids herein after given, to pay for the same, and to repair and keep in order the said canals, locks, and other works necessary thereto, and to defray all incidental charges, and also to appoint a treasurer, clerk and such other officers, toll-gatherers, managers and servants, as they shall judge requisite, and to agree for and settle their respective wages or allowances, and settle, pass and sign their accounts, and also to make and establish rules of proceeding, and to transact all the other business and concerns of the said company, How compensain and during the intervals between the general meetings of the ted for their ser- same; and they shall be allowed as a satisfaction for their trouble therein, such sum of money as shall, by a general meeting of the subscribers be determined. Provided always, That the treasurer shall give bond, in such penalty, and with such security, as the said president and directors, or a majority of them, shall direct, for the true and faithful discharge of the trust reposed in him, and that the allowance to be made to him for his services, shall not exceed three pounds in the hundred for the disbursements by him made, and that no officer in the said company, shall have any vote in the settlement or passing of his own account. vices. Treasurer to en ter into bond with security &c. President, &c.to direct when and 5. And be it further enacted, That the said president and direc✶ what proportion tors, and their successors, or a majority of them, shall have full of money on each power and authority from time to time, as money shall be wanting, share shall be to make and sign orders for that purpose, and direct at what time advanced by sub- and in what proportion the proprietors shall advance and pay off the sums subscribed, which orders shall be advertised at least one month scribers. in the Winchester Gazette aforesaid, and they are hereby authorised and empowered to demand and receive of the several proprietors, from time to time, the sums of money so ordered to be advanced for carrying on nd executing, or repairing and keeping in order, the said works, until the sums subscribed shall be fully paid, and to order the said sums to be deposited in the hands of the treasurer, to he by him disbursed and paid out as the said president and directors, or a majority of them, shall order and direct; and if any of the said Penalty on delin proprietors shall refuse or neglect to pay the said proportions with- quent subseri in one month after the same so ordered and advertised, as aforesaid, bers. the said president and directors, or a majority of them, may sell at auction and convey to the purchaser, the share or shares of such proprietors so refusing or neglecting payment, giving at least one month's notice of the sale in the Winchester Gazette aforesaid. After retaining the sum due and charges of sale, out of the money produced thereby, they shall refund and pay the overplus if any, to the former owner, and if such sale shall not produce the full sum ordered and directed to be advanced, as aforesaid with the incidental charges, the said president and directors, or a majority of them, may in the name of the company, sue for and recover the balance by action of debt, or on the case, and the said purchaser or purchasers shall be subject to the same rules and regulations, as if the said sale and conveyance had been made by the original proprietor. movable at the pleasureof stock 6. And to continue the succession of the said president and di- President, &c. rectors, and to keep up the same number, Be it enacted, That from re-eligible & res time to time upon the expiration of the said term for which the said president and directors were appointed, the proprietors of the said holders. company at the next general meeting, shall either continue the said president and directors, or any of them, or shall choose others in their stead, and in case of the death, removal, resignation or incapacity of the president or any of the said directors, may and shall, in manner aforesaid, elect any other person or persons to be president and directors in the room of him or them so dying, removing or resigning, and may at any of their general meetings remove the president, or any of the directors, and appoint others for and during the remainder of the term for which such person or persons were at first to have acted. 7. And be it further enacted, That every president and director before he acts as such, shall take an oath or affirmation for the due execution of his office. President, &c. shall take oath of office. 8. And be it enacted, That the presence of proprietors having No.of shares new one hundred and twenty-five shares shall be necessary to constitute cessary to con a general meeting; and that there be a general meeting of proprie- statute a general meeting, which tors on the first Monday in October annually, at such convenient hall take place town as shall from time to time be appointed by the said general annually, & may meeting, but if a sufficient number should not attend on that day, adjourn if necess sary from day to the proprietors who do attend, may adjourn such meeting from day day--& to which to day, till a general meeting of proprietors shall be had, which may president, &c. be continued from day to day, until the business of the company is shail render ac finished, to which meeting the president and directors shall make counts of their proceedings report, and render distinct and just accounts of all their proceedings; and on finding them fairly and justly stated, the proprietors then present, or a majority of them, shall give a certificate thereof, a Dd |