No. I. CHAP. I. An Act for clearing and improving the Navigation of James River. [Sessions acts of October, 1784, ch. 58, pa. 10.] Note-This act is published in the appendix to the Revised Code, vol. 1, ch. page 440. CHAP. II. An Act for vesting in George Washington, Esquire, a certain Inte rest in the Companies established for opening and extending the Navigation of Potomac and James Rivers. 1. [Sessions acts of October, 1784, ch. 83, pa. 26.] WHEREAS it is the desire of the representatives of this commonwealth to embrace every suitable occasion of testifying their sense of the unexampled merits of George Washington, Esquire, towards his country; and it is their wish in particular that those great works for its improvement, which, both as springing from the liberty which he has been so instrumental in establishing, and, as encouraged by his patronage, will be durable moBuments of his glory may be made monuments also of the gratitude of his country: 2. BE it enacted by the General Assembly, That the treasurer be directed, in addition to the subscriptions he is already authorised to make to the respective undertakings for opening the navigations of Potomac and James Rivers, to subscribe to the amount of fifty shares to the former, and a hundred shares to the latter, to be paid in like manner with the subscriptions above-mentioned; and that the shares so subscribed, be, and the same are hereby vested in George Washington, Esquire, his heirs and assigns, forever, in as effectual a manner as if the subscriptions had been made by himself or by his attorney. CHAP. III. An Act to amend the Act, entituled, " An Act for vesting in George Washington, Esquire, a certain Interest in the companies established for opening and extending the navigation of fames and Po towmack rivers. [Sessions acts of 1785, ch. 11, pa. 12.] 1. WHEREAS by an act, entituled, " An act for vesting in George Washington, Esquire, a certain interest in the companies established for opening and extending the navigation of James and Potowmac rivers," and reciting, "that whereas it is the desire of the representatives of this commonwealth to embrace every suitable occasion of testifying their sense of the unexampled merits of George Washington, esquire, towards his country; and it is their wish in particular, that those great works for its improvement, which, both as springing from the liberty which he has been so instrumental in establishing, and as encouraged by his patronage, will be durable monuments of his glory, may be made monuments also of the gratitude of his country?" It is enacted, "That the treasurer be directed in addition to the subscriptions he is already authorised to make to the respective undertakings for opening the Aa navigations of Potowmac and James rivers, to subscribe to the amount of fifty shares to the former and one lundred shares to the latter, to be paid in like manner with the subscriptions above mentioned; and that the shares so subscribed be and the same are hereby vested in George Washington, esquire, his heirs and assigns forever, in as effectual a manner as if the subscriptions had been made by himself or by his attorney." And whereas, the said George Washinton, esquire, in his letter addressed to the governor, which has been laid before the general assembly, hath expressed his sentiments thereupon, in the words following, to wit: "Your Excellency having been pleased to transmit me a copy of the act appropriating to my benefit certain shares in the companies for opening the navigation of James and Potowmac rivers, I take the liberty of returning to the general assembly, through your hands, the profound and grateful acknowledgments, inspired by so signal a mark of their beneficent intentions towards me. I beg you, Sir, to assure them, that I am filled on this occasion with every sentiment which can flow from a heart warm with love for my country -sensible to every token of its approbation and affection-and solicitous to testify, in every instance, a respectful submission to its wishes: With these sentiments in my bosom, I need not dwell on the anxiety I feel, in being obliged, in this instance, to decline a favor, which is rendered no less flattering by the manner in which it is conveyed, than it is affectionate in itself. In explaining this obligation, I pass over a comparison of my endeavors in the public service with the many honorable testimonies of approbation which have already so far over-rated and over-paid them; reciting one consideration only, which supercedes the necessity of recurring to every other. When I was first called to the station with which I was honored during the late conflict for our liberties to the diffidence which I had so many reasons to feel in accepting it, I thought it my duty to join a firm resolution to shut my hand against every pecuniary recompence; to this resolution I have invariably adhered-from this resolution (if I had the inclination) I do not consider myself at liberty to depart. Whilst I repeat, therefore, my fervent acknowledgments to the legislature for their very kind sentiments and intentions in my favor, and at the same time beg them to be persuaded, that a remembrance of this singular proof of their good ness towards me, will never cease to cherish returns of the warmest affection and gratitude, I must pray, that their act, so far as it has for its object my personal emolument, may not have its effect: But if it, should please the general assembly to permit me to turn the destination of the fund vested in me, from my private emoluments, to objects of a public nature, it will be my study in selecting these, to prove the sincerity of my gratitude for the honor conferred on me, by preferring such as may appear most subservient to the enlightened and patriotic views of the legislature." And whereas the desire of the general assembly to mark by the provision above mentioned, their sense of the illustrious merits of the said George Washington, esquire, at the same time that it is strengthened by this fresh and endearing proof of his title to the gratitude of his country, is superseded by their respect for his disinterested wishes and patriotic views: 2. Be it enacted, That the said recited act, so far as it vests in George Washington, esquire, and his heirs, the shares therein di rected to be subscribed in his name, shall be, and the same is herebyrepealed. 3. And be it further enacted, That the said shares with the tolls and profits hereafter accruing therefrom, shall stand appropriated to such objects of a public nature, in such manner, and under such distributions, as the said George Washington, esquire, by deed during his life, or by his last will and testament, shall direct and appoint. CHAP. IV. An Act to amend an act entituled" An Act for clearing and improv ing the Navigation of James River. 1. [Sessions Acts of 1785, ch. 52, pa. 37.] HEREAS by the act, entituled "An act for clearing and improving the navigation of James River, it is among other things provided, that the first subscriptions should not exceed the sum of one hundred thousand dollars, and that no toll should be demanded, except in a particular case, before the said river should be rendered capable of being navigated in dry seasons by vessels drawing one foot of water at least from the highest place practicable to the Great Falls; and whereas it hath been represented to the general assembly, that it may be necessary to extend the sum to be subscribed, and to put the depth of the canals in the discretion of the company, and the point to which the navigation is directed to reach, before the demand of the tolls, is by being too vague, a discouragement to adventurers : 2. BE it therefore enacted by the General Assembly, That it shall be lawful for the said company, at any general meeting, to extend the shares, so as not to exceed one hundred in addition to those already subscribed, and to proportion the depth of the water in the canals to the depth of water in the river in dry seasons. 3. And be it further enacted, That Crow's ferry, at the mouth of Loony's Creek, shall be forever taken and deemed to be the highest place practicable within the meaning of the above recited act. And whereas, it may be found expedient for the said company to borrow money to answer the purposes of their institution. 4. Be it further enacted, That it shall be lawful for the president and directors to give an interest of six per centum upon all sums of money that shall be lent to them for the carrying on of the work. CHAP. V. An Act giving a more speedy remedy against delinquent subscribers to the Potomac and James River Companies. 1. [Passed 1st Dec. 1787.-Acts of 1787, ch. 24, pa. 21.] HEREAS it hath been represented to the general assem James Rivers, hath been retarded by the failure of many of the members of the companies, instituted for the purpose of effecting the same, to pay their respective subscriptions; And whereas the mode of recovery now established by law hath been found wholly inadequate thereto; and works of such general utility to which the commonwealth hath already advanced several sums of money from No. I. time to time, as the same have been called for, ought not to be frustrated by the delinquency of individuals: 2. BE it therefore enacted by the General Assembly, That if any subscriber to the Potowmac or James River company now is, or hereafter shall be in arrear for any sum or sums of money called for in pursuance of either of the two acts of general assembly, the one entituled "An act for opening and extending the Navigation of Potowmac River," and the other entituled "An act for opening and extending the Navigation of James River," it shall and may 'be lawful for a majority of the directors of each company to recover any such sum or sums of money from such subscriber in the general court at any additional or other session thereof, together with all legal costs, by way of motion to the court; provided the person against whom such motion may be made, hath ten days previous notice thereof. Provided also, That if the person against whom such motion may be made, or his attorney, shall desire a jury to be impannelled, the court shall direct a jury to be immediately charged to try whether he did assume to pay, and whether he hath paid: But the said directors shall not be required to prove that he did so assume until he shall have first made oath that he did not so assume. And it shall be lawful for the said court to direct judgment to be entered up on the verdict rendered, with costs, and execution shall issue thereupon, returnable to any day of the said session of the general court, which the said court shall direct. 3. So much of the said recited acts of assembly, as comes within the purview of this act, is hereby repealed. 4. Provided always, That so much of this act as relates to the Potowmac company, shall be suspended, until the legislature of the state of Maryland, shall pass a law to the same effect. CHAP. VI. An Act to amend an act, entituled "An act establishing District Jurisdiction of 8. Preamble, Penalty on per [Passed 17th Dec. 1789.-Acts of 1789, ch. 13, pa. 7.] HE general court shall have jurisdiction to hear and determine motions against the delinquent subscribers of the Potowmac and James river companies, and for securities against their principals, and for sheriffs against their deputies and securities or either of them, to receive the proof of deeds for lands or other estate, and the relinquishment of any feme covert of her right and interest therein, either in person or by commission according to law, and record the same: and to ascertain the average price of tobacco. CHAP. VII. An Act to amend the act, entituled, " An act for clearing and improv¬ ing the Navigation of James River." 1. [Passed 25th December, 1790.-Sessions acts of 1790, ch. 26, pa. 19.] HEREAS it is represented to the general assembly, that the navigation of James River is much obstructed by hedges and fishtraps: 2. BE it therefore enacted by the General Assembly, That if any vons placing ob. persons shall hereafter make or cause to be made any hedges, fish No. I. traps or other obstructions in the said river, or any of the naviga- structions in the ble branches thereof, from the upper end of the James River canal, river. to the highest navigation of the said river or the branches thereof, so as to impede or injure the passage of batteaux or canoes, shall forfeit and pay the sum of one hundred pounds for each offence, to be recovered by bill, plaint or information in any court of record, one half for the use of the informer, the other half for the use of the commonwealth. CHAP. VIII. An Act to amend the act, entituled, " An act for clearing and improva ing the Navigation of James River." 1. [Passed December 20th, 1790.-Sess. acts 1790, ch. 42, pa. 26.] HEREAS it hath been represented to the present gene- Preamble, ral assembly, that the original sum subscribed by the James River company, as a capital for improving the navigation from Crow's ferry in the county of Botetourt to tide water opposite the city of Richmond, is nearly expended, and it becomes necessary to make further provision for completing the work by in creasing their capital stock: Be it therefore enacted, That it shall Books to be oand may be lawful for the president and directors of the said com- pened for new pany, to open new subscriptions for two hundred shares, in additi- subscriptions. on to the five hundred shares already subscribed; and books for that purpose shall be opened by the president and directors of the said company, in the same manner and at such places as directed by an act entituled "An act for clearing and improving the navigation of James River," and at such other places as the said president and directors or a majority of them shall think proper; those who shall become proprietors of shares by subscriptions as aforesaid, shall be secured in their interest of the said company, be liable to all the conditions, and subject to all the penalties, as prescribed in the said recited act; and also one other act entituled "An act giving a more speedy remedy against delinquent subscribers to the Potowmac and James river companies." certain shares 2. The treasurer for the commonwealth shall and he is hereby Treasurer to empowered and required to subscribe in behalf of the common- subscribe for wealth for one hundred shares in the new subscriptions to be open- for the state; ed for extending the capital of the said company for the purposes aforesaid: Provided always, and be it further enacted, That the treasurer shall on behalf of the commonwealth subscribe not more than fifty shares, until the like number shall be subscribed for by private citizens, after which the treasurer may subscribe from time to time as many shares as shall be subscribed by individuals so as not to exceed fifty more shares and so as to make up one hundred ad, ditional shares on public account. 3. And whereas by the said recited act a right of pre-emption is reserved to the commonwealth of purchasing such share or shares as the proprietors in the James river navigation shall offer for sale, and there having been no agent as yet appointed agreeably to the said recited act to make such purchases; Be it therefore enacted, And to purchase That the treasurer for the time being shall and he is hereby autho- shares offered rised and empowered to purchase in behalf of the commonwealth so many shares in the said company as shall be offered for sale. Pro for sale. |