ed. 3. And in case of refusal or neglect to pay the tolls at the time of offer- Regulation ing 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 of tells is refus refuse passage to such raft or vessel, and if any vessel or raft of timber 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 sel may pass free of toll. any ves Tolls may be les sened by the company. of a 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- for passage lic highway, free for the transportation of all goods, commodities ment of tolls. 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. be condemned. 5. And whereas it is necessary for making the said canals, locks Landsnecessary and other works, that a provision should be made for condemning for making caa 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, 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 shall lie, 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 directors to the owner of the land, or his legal representative, and Lands for build condemned. 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 directings, how to be ors 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 may be 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. President & di. rectors empow ered to enter in. to agreements tions. 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 with proprietors such situation, may design to improve the same, and it is the inten of certain situa- tion 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 empow ered 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. Tolls to be paid on certain condi tions. 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. No. II. 9. Be it further enacted, That if the navigation of the said river Five years allowshall not be made and improved in the manner herein before men- ed for carrying tioned, within five years from the passing of this act, that then the fect. said company shall not be entitled to any benefit, privilege or ad vantage under this act. this act into ef 10. 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 may be em ing the said river navigable, in the manner hereby directed, employ ployed in open ing said river. 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 be increased. 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 after the Commencing clause. passing thereof. CHAP. XXIII. An Act to repeal a part of the act, entituled an act authorising the 1. [Passed January 4th, 1803.-Acts of 1802, ch. 65, pa. 47.] BE 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- Shenandoah ri ver repealed. 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 repealed. 2. And the tolls granted by the said act are hereby secured to Tolls secured to the stockholders of the Potowmac Company, their heirs and assigns the stockholders for ever, in the same manner that the tolls on the Potowmac have and their assigns been heretofore secured by the legislatures of Virginia and Mary- forever. land. 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 gation. act. 4. This act shall be in force from the passing thereof. Commencement ACTS CONCERNING THE NAVIGABLE BRANCHES OF THE POTOWMAC RIVER. SOUTH BRANCH OF THE POTOWMAC RIVER. An Act for improving the Navigation of the South Branch of Potowmac River. [Sess. acts of 1785, ch. 19, pa. 18.] An Act concerning Mill Dams on the South Branch of Potomac River. [Sess. acts of 1786, ch. 74, pa. 44.] An Act concerning the Slopes in the Mill Dams on the South Branch of Potowmac River. [Passed November 25th, 1791.-Sess. acts of 1791, ch. 33, pa. 16.] An Act to amend an act, entituled an act concerning the Slopes in the Mill Dams, on the South Branch of Potowmac. [Passed January 16th, 1802.—Acts of 1801, ch. 53, pa. 29.] APPOMATTOX COMPANIES. CHAP. I. { APPENDIX No. III. An Act for opening and extending the Navigation of Appomattox River. [Passed December 17th, 1787.—Acts of 1787, ch. 53, pa. 37.] 1. WH HEREAS it is represented to this present General Assembly, that the clearing, improving and extending the navigation of Appomattox River, to the highest part practicable, will be of great benefit and public utility, and that many persons are willing to subscribe considerable sums of money for carrying the same into effect. Be it therefore enacted, That John Pride, John Holcombe, Joseph Michaux, John Archer, Joseph Jones, Everard Meade and Richard Crump, Gentlemen, be and they are hereby constituted and appointed trustees for clearing, improving and extending the navigation of the said river, from Banister's mill as far up the same as they may judge it practicable, so as to have a sufficient depth and width of water to navigate boats, batteaux, or canoes, capable of carrying six hogsheads of tobacco, and they are authorised to take and receive subscriptions for that purpose: If any person shall neglect or refuse to pay the money by him subscribed for the purposes of this act, it shall be lawful for the said trustees to recover the same by warrant before a single magistrate where the subscription shall not exceed twenty-five shillings, and where it shall exceed that sum, by motion in the court of the county where the person resides, provided the party has ten days previous notice of such motion. The said trustees or a majority of them, shall, as soon as may be, proceed to view the said river, and ascertain as No. III. nearly as they can, the highest part capable of navigation, according to this act; and have power to contract and agree with any person or persons for clearing and improving the navigation of the said ris ver, in such manner as the trustees shall judge proper, and to remove all obstructions which in any wise injure the said navigati on. 2. And be it further enacted, That the said trustees, or a majori ty of them, as often as they may see occasion, shall nominate and appoint one or more of their number to be receiver or receivers of all monies subscribed by virtue of this act; and the person or persons so appointed shall, in the court of the county where they respectively reside, give bond with sufficient security, in a reasonable penalty, payable to the said trustees and their successors, for the time being, with condition that he or they, his or their heirs, executors, or administrators, at all times when required, will truly and faithtully account for all such sums of money as shall come to the hands of the said receiver or receivers, for the purposes of this act, and pay the same to such person or persons as the said trustees or a majority of them shall order and direct. 3. And whereas it may be found necessary in some parts of the said river, to straighten the same by cutting away the bank or by a canal, Be it therefore enacted, That it shall and may be lawful for the said trustees, or a majority of them, to agree with the owners of any land through which the said 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, the like proceedings shall be had to estimate the value thereof by a jury, as are directed and prescribed by the act entituled "An act for opening and extending the navigation of Potowmac river," and such valuation shall be paid by the said trustees to the owner of the said land, or his legal representative, and on payment thereof, the said land shall thenceforth be vested in the said trustees, and their successors in fee, for the purposes of this act. The said trustees and their successors, or a majority of them, shall have power and authority to agree with any person or persons, to cut such canals, and erect such locks, and to perform such other works, as they may think necessary for opening, improving and extending the navigation of the said river, and out of the money arising from the subscriptions, and tolls hereafter 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 to appoint such toll gatherers, managers and servants, as they shall judge requisite, and to agree for, and settle their respective wages, or allowances, and settle and pass their accounts, and to make and esta blish such rules of proceeding, and to transact all the other business and concerns for the purpose of carrying this act into executi on. 4. And be it further enacted, That for, and in consideration of the expense the subscribers will be at, not only in cutting canals, erecting locks or other work and labor for opening, improving and extending the navigation of the said river, 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 said trustees, and their successors forever, to, and for the use of the subscribers |