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 passing through the canals, which may be cut through the same for 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- Trustees may gally appointed for opening and extending the navigation of Appo- land vested in dispose of the mattox river, and their successors, shall have full power and author them, 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 the water pass to be erected thereon, and which in their opinion may be disposed and the use of of without prejudice to the navigation of the said river, and to ing through the make such deeds or conveyances for the same, as may be necessary same, 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 trusices 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 tolls are directed to be applied by an act, entituled, "An act for opening and extending the navigation of Appomattox river." tion of the sub 3. Provided always, That before the said trustees shall have power to lease or sell any of the said lands, they shall call a meet- under the direc ing of the subscribers for opening and extending the said naviga- scribers. tion, 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 nacted, That 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, be opened below either above or below the same, at such places, and in such manner, as in their opinions will be most for the benefit of the said navigation. Banister's mill. former. 5. And be it further enacted, That Francis Eppes, John Royall, Other trustees Neil Buchanan, Roger Atkinson, jun. and Edmund Harrison, added to the gentlemen, be appointed trustees, in addition to the number formerly appointed, for the purpose of carrying into full effect the act aforesaid, any four of whom shall be sufficient. 6. Provided always, That nothing in this act contained, shall be No mill seats to construed to allow the said trustees to make sale of except between Atkinson's and Banister's mills: Ff mill any seat, be sold, except between AtkinSon's and Banister's mills. Preamble Trustees apprinted for the purpose of cerrving this act in to effect. Incorporated by the name and stile of the Up per Appomattox Company. Provise. Authorised to to receive subscriptions for shares. 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.] 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 Eggles ston, Wiliam Murray, Francis Anderson, John Wiley, Peter John son, Charles Allen, Ryland Randolph, Edmund Harrison, Alexander 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. 2. The said trustees and their successors shall be, and they are 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 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 clearing 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. 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 one hundred dollars for each share, as they shall deem adequate to the purposes of this act. No. III. made from time 4. If any person or persons, his, her or their executors or ad- Subscribers filministrators, holding any share or shares, so as aforesaid sub- ing to pay the scribed, shall fail to pay the amount or so much thereof as shall be requisitions required by the said trustees or their successors, from time to time to tine, le to at such time as they shall direct, it shall and may be lawful for such recovery by motrustees and their successors to recover the same with costs, togetion. 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 15sued 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 Other mode of trustees or their successo, at their option may proceed to sell by delinquent subrecavery agri st way of public auction such delinquent share or shares, provided that scribera. 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 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 thereon. Proviso. 5. The said trustees or their successors shall have power to no- Trustees autho minate 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 a treasurer, who shall give bond, sufficient security in the penalty of fifty thousand dollars, payable &c. 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 trustees or their successors shall order and direct; and if any such receiver, 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 motion in the court of the district or county where he resided at the time of his being appointed receiver: Provided, The said receiver, 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 them. selves. Proviso 6. And whereas it may be found necessary in some parts of the Authorised to s said river, to straighten the same by cutting away the banks, or by gree with. pera canal. Be it therefore enacted, that it shall and may be lawful sous through for the said trustees or their successors, to agree with the owners al may be cut of any land through which the said canal is intended to pass, for for the price. whose land a ca thereof mode of proceeding in cas of disagreement, &c.. May contract such canals. 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 threof 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. 7. And the said trustees, and their successors, shall have power or the cutting 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 raised by virtue of this act, and the tolls hereafte given, to pay for the same, and 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 establish such rules of proceeding, and to transact all the other business and concerns, for the purpose of carrying this act Authorised to demand toll a greeably to the into exccution. 8. And be it further enacted, That for and in consideration of the expense the subscribers will be at, not only in cutting canals, rate herein, after erecting locks, and other labour for opening and extending the navigation is navigation of the said river, but in maintaining and keeping the completed conformably to this same in repair, it shall and may be lawful for the said trustees and act. their successors, at all times after the said river shall be made navigable, agreeable to this act, to demand and receive at such place or places upon the said river as they may think most convenient, for all commodities transported up or down the same, tolls, according to the following table of rates, viz: CENTS. Every pipe or hogshead of wine, containing more than sixty- Every hogshead of rum, or other spirits, Every cask between 65 and 35 gallons, half of a pipe or hogs- in proportion according to the quality and quantity of For casks of Linseed oil, the same as spirits, 63 50 42 Every bushel of wheat, peas, beans, or flax-seed, 2 Every bushel of Indian corn, or other grain, or salt, 1 Every barrel of pork, 21 Every barrel of beef, 15 Every barrel of flour, 10 Every ton of hemp, flax, pot-ash, bar or manufactured iron, 105 35 Every ton of stone or iron ore, Every ton of copper, lead, or other ore, other than iron ore, Every hundred bushels of lime, 83 17 53 No. III. CENTS. 17 8 5 4 35 Every hundred hogshead staves, or pipe or hogshead heading, Every chaldron of coals, Every hundred pipe staves, Every hundred barrel staves, or barrel heading, Every gross hundred weight of all other commodities or pack ages, Every boat or vessel which has not commodities on board," to yield so much, provided that an empty boat or vessel returning, whose load has already paid at the respective places, the sums fixed at each, shall repass toll free, Which tolls may be discharged in gold or silver coin only. 20 5 105 pay 9. And in case any person shall refuse or neglect to pay the tolls Penalty on perat the time of offering to pass the place appointed for the payment sons refusing or thereof, and previous to the vessels passing the same, the collecting to tors of the said tolls may lawfully refuse passage to such vessel; and if any vessel shall pass without paying toll, then the said collector may seize such vessel 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, and the person owning or having the direction of such vessel, shall be liable for such toll, if the same is not paid by the sale of such vessel. trustees for the 10. The profits arising from the said tolls shall be and the same Profits accruing are hereby vested in the said trustees and their successors forever, in virtue of this to and for the purpose of clearing out and keeping in repair the act, vested in the canals, locks, and other works upon the said river, and the over- benefit of subplus to and for the use of the holders of said shares, and their scribers. heirs, as tenants in common, to be apportioned among them according to the number of shares by them respectively held, and the same shall be deemed real estate, and be forever exempt from payment of any tax or imposition whatsoever. 11. And be it enacted, That it shall and may be lawful for every Shares transfersubscriber to transfer his interest in the said canals or works, able and how. the same manner, and under the like conditions and exceptions as are prescribed by the act, entituled, "An act for opening and extending the navigation of Potowmac river." 12. The owners of mills on the said river Appomattox, above Owners of mills Banister's mill, and every of them, shall, within eighteen months within a certain after passing this act, erect good and sufficient locks through their time, and keep dams, or on canals convenient and proper around them, so as to the same in reprocure an easy, safe, and expeditious passage for loaded canoes, pair, &c. boats, and batteaus, both up and down the said river, through or around each and every of the said dams; and morever, the said owners of mills on the said river, shall keep the said locks in good and sufficient repair, and cause to be given constant attendance at the same, by some person or persons, whose duty it shall be to work and manage the said locks, at all times, when thereto required by any person for the purpose of passing through the same with craft, as aforesaid, without delay, giving them free passage, and on failure so to do, the offender shall forfeit and pay the sum |