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No. III.

seven feet, five shillings and three pence per foot; on vessels of seven and half feet, six shillings per foot ; on vessels of sight feet, six shillings and nine pence per foot; on vessels of eight and half feet, seven shillings and six pence per foot; on vessels of nine feet, nine shillings per foot; on vessels of nine and half feet, eleven shillings and three pence per foot; on vessels often feet, fifteen shillings per foot; on vessels over ten feet, and not more than twelve feet, twenty shillings per foot; and on all vessels over twelve feet, one pound five shillings per foot. Which tolls are rated in money, and may be discharged in gold or silver coin at their current value.

7. The tolls herein before allowed to be demanded and received, shall be paid on condition only, that the said Appomattox company shall make the said river capable of being navigated in any season, from Broadway to Pocahontas bridge, by vessels drawing twelve feet water, and in case the company shall not begin the said work within two years after the company shall be formed, and complete the same within seven years after it is begun, then the said company shall not be entitled to any benefit or privilege under this act.

8. If payment of the said tolls shall be refused, when any vessel

from which the same are demandable offers to pass by or through

the said places herein before named, the collectors may law fully refuse passage to such vessel; and if any such vessel shall pass without paying the said tolls, the master, skipper, or owner of such vessel, shall forfeit and pay to the said Appomattox company, the sum of two pounds for every foot of water which it may draw ; to be recovered on motion and ten days notice, in any court of record within this commonwealth. The said river and the channel thereof when deepened as aforesaid, shall forever be considered and taken as a public highway for the passage of all vessels, and transportation of all commodities, upon payment of the tolls aforesaid; and no other tax or toll shall at any time hereafter be imposed for the use of the water of the said river; but the said river shall never

- theless be subject to such regulations, as may be prescribed by the

laws of this state or the United States. The shares in the said company shall to all intents and purposes be held and transferred by the proprietors thereof, in the same manner and on the same

conditions, as the shares of the proprietors in the James river and Potowmac companies.

9. Nothing herein contained shall be construed to prevent vessels drawing less than five and an half feet water, from using and navigating the said river Appomattox, in the same manner as if this act had never been made: }. always, That nothing herein contained shall be construed to affect the private right of any individual owning a fishery on the said river.

CHAP. III.

An Act to amend the act entituled “An act for opening and extend-
- ing the Navigation of Appomattox River.
[Passed December 16, 1790–Acts of 1790, ch. 34, page 21.]

1. W HEREAS the dispersed situation of the trustees appoint-Preamble.

ed to carry into effect the act entituled “An act for opening and extending the navigation of Appomattox river,” hath

greatly retarded and impeded the salutary purposes thereof: Goit

- N Ot, III. Trustee, appoin. enacted by the General Assembly, That John Morton, John Archer, thed. and Edward Munford, gentlemen, or any two of them, be and thev

are hereby appointed trustees for the purpose of carrying into full effect the act aforesaid in every matter and thing to all intents and purposes as the trustees in the said act appointed could or might have done by virtue thereof.

Compensation 2. And be it enacted, That the said John Morton, John Archer for their services and Edward Munford, gentlemen, shall receive as a compensation for their expenses and services after the rate of six shillings per diem for the time they shall be employed in carrying into execution Before whom, the act aforesaid, and once in every six months shall on oath iay bethey are to lay fore one or other of the courts of Amelia, Prince Edward or Cum... berland, a full and fair statement of their receipts, disbursements their accounts. - - - - and expenditures in and about the business of their appointment. So much of the before recited act as comes within the purview of this act shall be and is hereby repealed.

CHAP. IV.

* An Act to amend the act entituled “An act for improving the Navigration of Appomattox River from Broadway to Pocahontas. Bridge.” [Passed November 30, 1792–Acts of 1792, ch. 59, pa. 97.]

When the Appo- E it enacted by the General Assembly, That it shall and may be mattox company lawful for the Appomattox company to demand and receive maydemand tolls tolls, when they shall make the river capable of being navigated in any season from Broadway to Pocahontas bridge by vessels drawing nine feet water; any thing in the seventh section of the act, entituled “An act for improving the navigation of Appomattox river from Broadway to Pocahontas bridge,” to the contrary, notwith

standing. *

CHAP. v.

An Act to explain and amend an act for opening and extending the
Navigation of Appomattox River.

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Treamble 1. Wo: the act of assembly passed in December, se- venteen hundred and eighty seven, for opening and extending the navigation of Appomattox river, hath among other matters therein contained, enacted, That it shall and may be lawful for the trustees therein appointed, 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. And whereas doubts have arisen whether the trustees appointed to carry the said act into execution, have a

No. III.

right to lease or sell any part of the land which may be bought or
condemned in manner aforesaid, and any portion of the water
E.g through the canals, which may be cut through the same
or the purpose of erecting water mills or other useful works: For
a plain declaration of the law therein,
**
2. Be it enacted by the General Assembly, That the trustees le-
pally appointed for opening and extending the navigation of Appo-
mattox river, and their successors, shall have full power and autho-
rity to lease or sell any part of the lands which may be purchased
or condemned in manner directed by the said recited act, and the
use of so much of the water passing through the same as may be
necessary for such mills or other useful works, as may be proposed
to be erected thereon, and which in their opinion may be disposed
of without prejudice to the navigation of the said river, and to
make such deeds or conveyances for the same, as may be necessary
for conveying to the person or persons so leasing or purchasing,
and to their heirs or assigns, all the right and interest which the
said trustees may lease or sell, agreeably to the authority in them
vested, and the proceeds of the said sales or leases shall be applied
by the said trustees in the same manner as the toi's are directed to
'be applied by an act, entituled, “An act for opening and extend-

ing the navigation of Appomattox river.”

3. Provided always, That before the said trustees shall have . . . - under the direca

power to lease or sell any of the said lands, they shall call a meeting of the subscribers for opening and extending the said navigation, giving at least four weeks notice of the time and place of such meeting, in some one of the Richmond news-papers. And the said trustees in making leases or sales of any lands, or in disposing of the use of any water passing through the canals of the said river Appomattox, shall conform to such rules and regulations therein, as a majority of the subscribers then assembled, shall direct.

4. And whereas the said trustees are required by the aforesaid recited act, to begin the work as near to Banister’s mill, as circumstances will admit, and doubts have arisen whether they have a right to open the navigation below the said mill: Be it therefore enacted, 3.

either above or below the same, at such places, and in such man-
ner, as in their opinions will be most for the benefit of the said
navigation. - *
5. And be it further enacted, That Francis Eppes, John Royal],
TNeil Buchanan, Roger Atkinson, jun. and Edmund Harrison,
gentlemen, be appointed trustees, in addition to the number for-
merly appointed, for the purpose of carrying into full cffect the act
aforesaid, any four of whom shall be sufficient.

6. Provided always, That nothing in this act contained, shall be construed to allow the said trustees to make sale of any mill seat, except between Atkinson's and Banister's mills.

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tion cf the susscribers.

at it shall and may be lawful for the said trustees, and Navigation may their successors, to open the navigation as near to the said mill, he opened below

Banister's mill.

Other trustees added to the former.

s Ff

No mill seats be sold, exce between Atki scu's and *aii ter’s mills.

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No. III.

CHAP. vi.

An Act to amend and reduce into one Act, the several Acts for opening" and extending the Navigation of Appomattox River.

[Passed Dec. 21st, 1795—Acts of 1795, ch, 35, pa. 31.]

Preamble - W HEREAS it is judged expedient to amend the several acts - passed, . For opening and extending the navigation of Appomattox river:”

"...". 1. BE it therefore enacted, That Everard Meade, Joseph Egglefo...? ... ston, William Murray, Francis Anderson, John Wiley, Peter Johns iving to is actin- son, Charles Allen, Ryland Randolph, Edmund Harrison, Alexanto cheel. der *M*Rae, Drury Jones, John Johns, James Morton, Charles . Scott, Richard N. Venable, John Epperson, Nelson Patterson, John Archer, John Royal, John Finney, Edward Monford, Peter F. Archer, Francis Eppes, Henry Skipwith, Buller Claiborne, Joshua Chaffin, John Nash, jun. Samuel Carter, James Wade, John L. Crute, Roger Atkinson, jun. James Watt, George Markham, John Purnall, and Samuel Allen, be, and they are hereby constituted and appointed trustees for clearing, improving and extending the navigation of the said river from Banister's mills 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, batteaus or canoes capable of carrying eight hogsheads of tobacco. +

Incorporated by 2. The said trustees and their successors shall be, and they are

th; no me and hereby declared to be incorporated by the name and title of the Trus

.*.*... tees of the Upper Appomattox Company, and may sue and be sued

per Appomattox - - -

Company. as such. The said trustees or a majority of them may from time

to time appoint any five of their own body to superintend the clear

ing of the said river, a majority of which five shall have full power to do all things necessary for the purpose of carrying this act into effect; and the said five trustees so appointed as aforesaid, shall at the expiration of the term during which they may be so authorised to act, well and truly report to the said board of trustees all things which may by them, or a majority of them be ordered or done by virtue of this act and of their said appointment. That the said trustees shall remain in office for the term of two years only from the time the subscription hereafter mentioned shall be completed: And that an election of trustees shall be held once in every two years by the subscribers holding a majority of shares, each subscriber giving one vote for every share he possesses, and voting either in person or by proxy: Provided always, That until an election shall be made from time to time by those holding the said shares, or a majority thereof, the former trustees shall continue to act, although the two years for which they were elected may have expired: And in case

of the death, removal to the distance of twenty miles from the said river, resignation, or incapacity of any of the said trustees, it shall be lawful for the remaining trustees, or a majority of the whole number of them, to appoint other trustees to fill such vacancies, which trustees so appointed shall continue to act until the next general election. *

Authorised to 3. And be it enacted, That it shall and may be lawful for the said : * trustees to receive subscriptions for so many shares, at the rate of shares. one hundred dollars for each share, as they shall deem adequate

to the purposes of this act.

Provise.

No. III. -

4. If any person or persons, his, her or their executors or ad-subscribers filministrators, holding any share or shares, so as aforesaid sub-info..." scribed, shall fail to pay the amount or so much thereof as shall be ..."one required by the said trustees or their successors, from time to time to time, tole we at such time as they shall direct, it shall and may be lawful for such recovery by *trustees and their successors to recover the same with costs, toge- * ther with the actual cost of giving notice; and also interest on the sum required, from the date the same became due and payable, by motion in the court of the district or county, where the person resided at the time of his subscribing, provided he, she or they have ten days previous notice of such motion. And on executions issued on judgments so obtained, the sheriff shall take no security for the payment of the money at a further day, and for the better direction of the sheriff, the clerk shall endorse on the said executions that no security shall be taken: Or instead of such proceedings against delinquent subscribers, their executors and administrators, the said Ohto mode of trustees or their successo.o. at their option may proceed to sell by inot o: way of public auction such delinquent share or shares, provided that scribers. one month's notice of the time and place of such sale be given in the Petersburg gazette, and after retaining the sum due and charges of sale out of the money arising therefrom, they shall refund and pay the overplus, if any, to the former owner: Provided always, That no eleviso share or shares shall be sold if the holder or holders thereof, their executors or administrators shall on or before the time appointed for such sale, tender to the person authorised to receive the same the amount of such share or shares or the requisition made therepn.

5. The said trustees or their successors shall have power to no- Trustees authominate and appoint from time to time a proper person to be receiv- rised to appoint er of all money subscribed under this act, who shall give bond with ..."; wo

- - * - shall give boud,

sufficient security in the penalty of fifty thousand dollars, payable .
to the said trustees and their successors, for the time being, with
condition that he, his heirs, executors, and administrators, at all
times when required, will truly and faithfully account for all sums
of money that shall or may come to his hands for the purposes of
this act, and pay the same to such person or persons as the said trus-
tees or their successors shall order and direct; and if any such re-
ceiver, his executors or administrators shall fail to pay any money
by him received by virtue of this act, it shall and may be lawful for
the said trustees and their successors, to recover the same by moti-
on in the court of the district or county where he resided at the
time of his being appointed receiver: Provided, The said receiver, Proviso
his executors, or administrators have ten days previous notice of *
such motion. The said trustees shall also have power to appoint a
clerk, who shall keep a fair record of their proceedings from time
to time, which said proceedings at the end of every meeting shall
be signed by the members present, and attested by the clerk, and
be admitted as evidence in any controversy between the trustees

and those interested in the shares, or between the latter themselves. +

6. And whereas it may be found necessary in some parts of the Authorised to t. said river, to straighten the same by cutting away the banks, or by gree will. pera canal. Be it therefore enacted, that it shall and may be lawful . through

- - - hose land a c for the said trustees or their successors, to agree with the owners . m. ho of any land through which the said canal is intended to pass, for for use price.

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