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No. II. - s
sonable agreements with the proprietors of such situation concerning the just proportion of the expenses of making large canals or cuts, capable of carrying such quantities of water as may be suffici
ent for the purposes of navigation, and also for any such water-works as aforesaid.
16. And be it further enacted, That it shall and may be lawful for Propriétors may every of the said proprietors to transfer his share or shares, by deed, oland transist executed before two witnesses, and registered, after proof of the ex: **** ecution thereof in the company’s books, and not otherwise, except by devise, which devise shall be exhibited to the president and di-, rectors, and registered in the company’s books, before the devisce or devisees shall be entitled to draw any part of the profits from the said tolls. Provided, That no transfer whatsoever shall be made, except for one or more whole share or shares, and not for part of such shares; and that no share shall at any time be sold, conveyed, transferred or held in trust, for the use and benefit, or in the name of another, whereby the said president and directors or proprietors of the said company, or any of them, shall or may be challenged or made to answer, concerning any such trust, but that every person appearing as aforesaid, to be a proprietor, shall, as to the others of the said company, be to every intent taken absolutely as such, but as between any trustee and the person for whose benefit any trust shall be created, the common remedy may be pursued.
17. And be it further enacted, That if the said capital and the o- Number of . ther aids already granted by this act, shall prove insufficient, it shall o and may be lawful for the said company, from time to time, to en- i". o: crease the said capital by the addition of so many more whole shares, o Le as shall be judged necessary by the said proprietors, or a majority augmented. of them, holding at least four hundred shares, present at any general meeting of the said company; and the said president and directors, or a majority of them, are hereby empowered and required, after giving at least one month's notice thereof in the Winchester Gazette, aforesaid, to open books at the before mentioned places, for receiving and entering such additional subscriptions, in which the propri- original proprietors of the said company, for the time being, shall and are hereby o: declared to have the preference of all others for the first thirty day, o,"."
p e rty days scriptions for
after the said books shall be opened, as aforesaid, of taking and sub- such increase. scribing for so many whole shares as any of them shall choose: And same rules to be the said president and directors are hereby required to observe in obsory edinot... r all other respects the same rules therein, as are by this act prescrib-respots, wiich ed, for receiving and adjusting the first subscriptions, and in like foo!'. manner to return, under the hands of any four or more of them, an oil. exact list of such additional subscribers, with the sums by them respectively subscribed, into the district court aforesaid, as aforesaid, to be there recorded, and all proprietors of such additional sums shall and are hereby declared to be from thenceforward incorporated into the said company.
18. And be it hereby declared and enacted, That the tolls herein Tolls not deman. before allowed, to be demanded and received at the place or places dable unless the to be affixed as aforesaid, are granted, and shall be paid on condition to..." only, that the said Shenandoah Company shall make the river well coamplete capable of being navigated in dry seasons by vessels drawing one foot water, from the highest navigable places on the north and south branches of the said river, to the place aforesaid.
Benefits of this act done away in case of failure to commence and complete the work in a certain time.
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19. And be it hereby provided and enacted, That in case the said company shall not begin the said work within nine calendar months after the company shall be formed, or if the navigation shall not be made and improved as aforesaid, in the manner herein before mentioned, within three years after the said company shall be formect, that then the said company shall not be entitled to any benefit, privi. lege or advantage under this act.
20. Thioact shall commence and be in force from and after the passage thereof.
An Act authorising the Potowmac Company to open the Shenandzañ
t (Passed January 13, 1802–Acts of 1801, ch. 64, pa. 33.)
I. WHEREAS the extension of the navigation of the river She
nandoah will be of public utility, for which purpose it may be necessary to cut lands and erect locks and other works on both sides of the river, and the legislature of Virginia being impressed with
the importance of the object, and desirous of encouraging so useful
Profits from opening Shenandoah river, vested in Potowmac eompany.
an undertaking; And whereas it is in proof before the legislature, that the endeavors to form a company for that purpose, under the act of the legislature, passed January the twenty third, one thousand seven hundred and ninety-eight, have been ineffectual, and the Potowmac company having by their board of directors, communicated to the present legislature their willingness to undertake that important work;
2. BE it therefore enacted by the General Assembly, That for and in consideration of the expenses the said company will be at, not only in cutting the said canals, erecting locks and other works, for opening the different falls of the said river, and the north and south branches thereof, to wit: The north branch up to the mouth of Smith's creek in the county of Shenandoah, and the south branch, to a place called Carthrae's in the county of Rockingham, where the said south branch forks, and in improving and extending the navigation thereof, but in maintaining and keeping the same in repair, the said canals and works with all their profits, shall be and the same are hereby vested in the stockholders of the Potowmac company, their heirs and assigns forever, as tenants in common, in proportion to the shares held by them respectively, and the same shall be deemed real estate, and be forever exempt from payment of any tax, imposition or assessment whatsoever; and the said president and directors shall be entitled to demand and receive at such place or places on the said river, as they shall think proper, the same tolis which were allowed the Shenandoah company under the act of the general assembly, passed the twenty third day of January one thousand seven hundred and ninety eight, entituled, “An act for opening and extending the navigation of the Shenandoah river,” but which tolls shall be subject to a reasonable deduction by the legislature, after the end of seven years from the completion of the said navigation, and they shall demand the said tolls immediately after they have rendered the mouth of the said river Shenandoah navigable, which tolls may be discharged in dollars and cents and other coin made current by law.
3. And in case of refusal orneglectopay the tolls at the time of offer-Regulation
$ng to pass through the place aforesaid, and previous to raft or vessel where payment passing through the same, the collectors of the said tolls may lawfully *** * * refuse passage to such raft or vessel, and if any vessel or rāst of tim- “ ber shall pass without paying the said tolls, then the said collectors may seize such vessel or raft of timber wherever found, and sell the same at auction for ready money, which so far as is necessary, shall be applied towards paying the said tolls, and all expenses of seizure and sale, and the balance if any, shall be paid to the owner; provided always that any person having the direction of such vessel or raft of timber, shall be liable for such toll, if the same is not paid by the sale of such timber or vessel as aforesaid, and that the said company, or a majority thereof, holding at least four hundred shares, shall have full power and authority, at any general meeting, to lessen the said tolls or any of them, or to determine that any ves- Tolls may be les.
2d by the sel may pass free of toll. - to. C
4. And be it further enacted, That the said river and the works The river when to be erected thereon in virtue of this act, when completed, shall opened to be free forever thereafter be esteemed and taken to be navigable as a pub- or o: ors. lic highway, free for the transportation of all goods, commodities ...” or produce whatsoever, on payment of the tolls imposed by this act, and no other toll or tax whatever for the use of the water of the said river, and the works thereon erected, shall at any time hereafter, be imposed by the general assembly of Virginia. 5. And whereas it is necessary for making the soid canals, looks Landsnecessary
and other works, that a provision should be made for condemning for missing ca: a quantity of land for the purpose; Be it enacted, That it shall and nals, &c. how to may be lawful for the president and directors or a majority of them, * condemned. to agree with the owners of any land, through which a canal is intended to pass, for the purchase thereof, and in case of disagreement, or in case the owner thereof shall be a feme covert, under age, non compos, or out of the state, on application to any two justices of the county, in which such land shalliie, the said justices shall issue their warrant under their hands, to the sheriff of their county, to summon a jury of twenty-four freeholders of his county not related to the parties, nor in any manner interested, to meet on the land to be valued, on a day to be expressed in the warrant, not less than ten, nor more than twenty days thereafter; and the sheriff upon receiving the said warrant, shall forthwith summon the jury, and when met, provided that not less than twelve do appear, shall administer an oath or affirmation to every juryman, that he will faithfully, justly and impartially value the land (not exceeding in any case the width of one hundred and forty feet) and all damages the owner thereof shall sustain, by cutting the canal through such land, according to the best of his skill and judgment, and that in such valuation he will not spare any person, through fear or af. fection, nor any person grieve through malice, hatred or ill will, and the inquisition thereupon taken, shall be signed by the sheriff and some twelve or more of the jury, and returned by the sheriff to the clerk of his county, to be by him recorded, and upon every
such valuation, the jury is hereby directed to describe and ascertain the bounds of the land by them valued, and their valuation shall be conclusive on all persons, and shall be paid by the president and *irectors to the owner of the land, or his legal representative, and
Lands for buildingo, how to be condemned.
Y’resident & di. rectors empowered to enter into agreements with proprietors of certain situations.
Tolls to be paid on certain conditions.
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on payment thereof, the said company shall be seized in fee, of such land, as if conveyed to them and their successors by legal conveyance: Provided nevertheless, That if any further damages shall arise to any proprietor of lands, in consequence of opening such canal, or in erecting such works, than had been before considered and valued, it shall and may be lawful for such proprietor, as often as such new damage shall happen, by, application to, and a warrant from any two justices of the county where the lands lie, to have such further damage valued by a jury in like manner, and to receive and recover the same of the said president and directors; but nothing herein shall be taken or construed, to entitle the proprietor of any such land, to recover compensation for any damages which may happen to any mills, forges or other water works, or improvements which shall be begun or erected by such proprietor, after such first valuation, unless the said damage is wilfully or maliciously done by the said president or directors, or some person by their authority.
6. And be it further enacted, That the said president and directors or a majority of them, are hereby authorised to agree with the proprietors for the purchasing of a quantity of land, not exceeding one acre, at or near the place where any lock or set of locks connected with each other, must be constructed for the purpose of erecting the necessary buildings, and in case of disagreement or any of the disabilities aforesaid, or the proprietor being out of the state, then such land maybe valued, condemned and paid for as aforesaid, for the purpose aforesaid, and the said company shall upon payment of the valuation of the said land, be seized thereof in fee simple as aforesaid.
7. And whereas some of the places through which it may be necessary to conduct the said canals, may be convenient for erecting forges, mills and other water works, and the persons possessors of such situation, may design to improve the same, and it is the intention of this act not to interfere with private property, but for the purpose of perfecting and improving the said navigation. Be it enacted, That the water or any part thereof, conveyed through any canal or cut made by the said company, shall not be used for any purpose but navigation, unless the consent of the proprietors of the land through which the same shall be led, be first had, and the said president and directors or a majority of them, are hereby empowered and directed if it can conveniently be done, to answer both the purposes of navigation and water works aforesaid, to enter into reasonable agreements with the proprietors of such situation, concerning the just proportion of the expenses of making large canals or cuts, capable of carrying such quantities of water as may be sufficient for the purposes of navigation, and also for any such water works as aforesaid.
8. And be it hereby declared and enacted, That the tolls herein’ before allowed, to be demanded and received at the place to be fixed as aforesaid, are granted and shall be paid on condition only, , that the said Potowmac company, shall make the river Shenandoah, well capable of being navigated in the common dry seasons of the year, by vessels drawing one foot water on the highest navigable places in the north and south branches of the said river, to the junction thereof with the river Potowmac.
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9. Be it further enacted, That if the navigation of the said river Five yearsallowshall not be made and improved in the manner herein before men- i. "... tioned, within five years from the passing of this act, that then the ...“"“” said company shall not be entitled to any benefit, privilege or advantage under this act.
1O. Be it further enacted, That the president and directors of the slaves from any said company, may during the time they shall be engaged in render- state maybe eming the said river navigable, in the manner hereby directed, employ !.d'." slaves for that purpose, from the state of Maryland, or any other § state in the union, and that the slaves so employed shall not be entitled to freedom or any other advantages which they might derive from or under any of the acts of the legislature of Virginia for preventing the importation of slaves into the state.
11. And be it further enacted, That if the said president and di- capital of the rectors shall deem it necessary to increase the capital of the said company, how to company, for the purpose of completing and carrying on the said "“” works, it shall and may be lawful for them to open books, and receive subscriptions therein of one hundred shares in addition to the shares now held by the present Potowmac Company, and such subscribers on paying the sum of one hundred and forty-five pounds sterling each, to the said president and directors, or their treasurer, in such proportions and times, as they the said president and directors shall appoint, shall thenceforth be deemed and considered as members of the said company, and be entitled to receive their full dividends and proportions of the tolls herein mentioned.
12. This act shall commence and be in force from and zfter the Commencing passing thereof. clause.
An Act to repeal a part of the act, entititled an act authorising the
1. B” it enacted by the General Assembly, That so much of the part of the act act passed at the last session, entituled, “An act authoris- for opening the
ing the Potowmac Company, to open the Shenandoah River,” as re-soo ri
serves to the legislature the right of reducing, after the expiration *****
of seven years from the completion of the navigation of the said
river, the tolls by the said act allowed, shall be and is hereby re
2. And the tolls granted by the said act are hereby secured to Tom, secured to the stockholders of the Potowmac Company, their heirs and assigns thosockholder, for ever, in the same manner that the tolls on the Potownac have and their assigns been heretofore secured by the legislatures of Virginia and Mary- **** land. f
3. And be it further enacted, That the term of five years allow- Time for comed by the before recited act for completing the navigation of the pleting the navi.
Shenandoah River shall be computed from the time of passing this so". àCt.
4. This act shall be in force from the passing thereof. E e.