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No. III.

thereof: mode the purchase thereof, and in case of disagreement, or in case the

of o owner thereof shall be a feme covert, under age, map compos, or

caso Oi ( isagree- ----- :7- ... r

ment, &c., out of the state, the like proceedings, shall be had to estimate the

o - - value threos by a jury, as are "irected 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. -

Mayeontract 7. And the said trustees, and their successors, shall have power

"..."...” and authority, to agree with any person or persons, to cut such

such canals. - y

T 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 hereafter 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 Into €XCCutlon.

*. o 8. And be it further enacted, That for and in consideration of greeably to the 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 *\otion is navigation of the said river, but in maintaining and keeping the too. same in repair, it shall and may be lawful for the said trustees and *c. 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, accord

ing to the following table of rates, viz:

CENTs.

Every pipe or hogshead of wine, containing more than sixty-
o five gallons, - - - - 63
Every hogshead of rum, or other spirits, - 50
Every hogshead of tobacco, - - 42

Every cask between 65 and 35 gallons, half of a pipe or hogs-
head, barrels, one fourth part, and smaller casks or kegs
o proportion according to the quality and quantity of
their contents of wine or spirits.

For casks of Linseed oil, the same as spirits, -
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
Every ton of pig-iron or castings, - - 35
Every ton of copper, lead, or other ore, other than iron ore, 83
• Every ton of stone or iron ore, - - 17

Every hundred bushels of lime, - • sa

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No. III. o CENTs. Every chaldron of coals, * - - 17

Every hundred pipe staves, - - 8
Every hundred hogshead staves, or pipe or hogshead heading, 5

Every hundred barrel staves, or barrel heading, - 4.
Every o: cubic feet of plank or scantling, - 35
Every hundred cubic feet of other timber, - 2O
Every gross hundred weight of all other commodities or pack-
ages, * - - - 5
Eo boat or vessel which has not commodities on board, Y
to yield so much, provided that an empty boat or vessel }. 5

returning, whose load has already paid at the respective places, the sums fixed at each, shall reposs toll free, J Which tolls may be discharged in gold or silver coin only.

9. And in case any person shall refuse or neglect to pay the tolls Penalty,’” per: at the time of offering to pass the place appointed for the payment to: Qı thereof, and previous to the vessels passing the same, the collec- o; toll. 8. 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.

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, invio of to to and for the purpose of clearing out and keeping in repair the oo:: 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 shore...o.o. subscriber to transfer his interest in the said canals or works, in 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 9” of *u. Banister's mill, and every of them, shall, within eighteen months ...","...in 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, * &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 J. 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

Tams wherein such locks, &c are not erected

declared nuisan

- No. III.

of twenty dollars, for every time such failure shall happen, and be moreover liable to the party aggrieved for damages; which said penalty may be recovered in the court of the county where the of. fender resides, by motion, on ten days previous notice, Joy any person who will inform and sue for the same.

13. And be it enacted, That if any owner or owners of mills on the said river, shall refuse or fail to build such good and sufficient locks, for passing through or around his or their mill dam, or

...d. ii.ht to mill dams, as aforesaid, for the purposes of this act, within eighhe thrown down teen months, as aforesaid, then, and in that case, the mill dam or *****P*of mill dams, not having such locks, are hereby declared to be nui

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sances, and shall and may be abated and thrown down and destroyed. And the trustees aforesaid, or their successors, are hereby empowered and directed, to cause the said dams to be cleared away, and to present an account of the reasonable expense thereof, to the owners of the same, which expenses he or they shall pay, or on failure, the amount thereof, may be recovered against him or them, by the said trustees, on motion to the court of the county, giving him or them ten days previous notice thereof.

Penalty on per- 14. And be it further enacted, That if any land holder on the

sons permitting

a tree to be fell

ed in the river.

Proviso.

said river, shall suffer any tree to be felled from his land, into the same, and therein to remain, for the space of twenty-four hours, at any time after the navigation of the same hath become practicable, every such land holder shall forfeit and pay the sum of seven dollars, to any person who will inform or sue for the same, in any court of record: Provided nevertheless, That the said trustees and their successors, shall be authorised to demand, receive, and compel payment of half-toll, whenever they shall have rendered the said river navigable, according to this act, from Roger Atkinson's mill, to the highest part capable of navigation. So much of all and every act and acts, as comes within the meaning of this act, is hereby repealed. *

Commencement 15. This act shall commence and be in force from and after the

of this act.

Preamble.

Power of the trustees.

passing thereof.

CHAP. VII.

An Act to amend the act, entituled, “An act to amend and reduce
into one act, the several acts, for opening and extending the na-
vigation of Appomattox river. -
[Passed November 22d, 1796–Acts of 1796, ch. 26, pa. 21.]

Who. it is judged expedient, to amend the act passed at the last session of the general assembly, entituled, “An act to amend and reduce into one act, the several acts for opening and extending the navigation of Appomattox river.”

1. *Be it therefore enacted, That the trustees therein appointed, and their successors be, and they are hereby empowered, to clear, improve, and extend the navigation of the said river, from Banister's mills to tide water, or as near thereto as they may deem advisable and necessary, and also as far up the said river as they may judge it practicable and conducive to the public interest: For these reasons, and to enable the said trustees and their successors, thus to extend the navigation of the said river, they are hereby vested with the same powers, and shall be under the same regula

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No. III. o

tions and restrictions, as are given and expressed in the above

recited act. - - - - One hundred 2. And be it further enacted, That the treasurer of this com-... by

monwealth, shall be authorised, and directed to subscribe in behalf the common. of the same, to the amount of one hundred shares in the said com-wealth. pany, and the money necessary in consequence of such subscription, shall be paid in the same manner as the subscriptions of individuals. And the treasurer for the time being, shall have a right to vote according to such shares, in person, or by proxy appointed by him, and shall receive and account for the proportion of the tolls accruing under the act aforesaid, which shall from time to fime become due to this state, for the shares aforesaid.

3. This sct shall commence and be in force from and after the commence=== passing thereof. - of this act.

CHAP. VIII.

An Act to reduce the number of Trustees in the Upper Appomattox
Company.
[Passed December 23d, 1797—Acts of 1797, ch. 39, pa. 26.]

1. B* be it enacted by the General Assembly, That the number Number of true.

of trustees appointed by the act passed the twenty-first day tees of the coof Pecember, one thousand seven hundred and ninety-five, enti-pay reo" tuled, “An act to amend and reduce into one act, the several acts thirteenfor opening and extending the navigation of Appomattox river,” shall at the next election, be reduced; and the holders of shares shall then, and at all future elections, choose only thirteen trustees, a majority of whom shall compose a board to proceed to business; and the said trustees shall be vested with the same powers and continue in office for the like period as prescribed by the said act.

2. Until the number of trustees shall be so reduced, a majority Superio” of the superintendants, together with such of the trustees as do : o *::::. attend, shall have power, at any time and place appointed for a : in cer meeting of the trustees, to make any order which a majority of the trustees could make, and to do all things necessary for carrying the said recited act into effect.

3. So much of the said act as comes within the meaning of this Rpealing clause act, is hereby repealed.

4. This act shall commence and be in force from and after the passing thereof. Commencement

CHAP. IX.

An Act to revive and amend the Act, entituled, “An act for Improving the Wavigation of Appomattox River, from Broadway to Pocahontas Bridge.” [Passed January 23d, 1800—Acts of 1799, ch. 29, pa. 16.]

HEREAS it hath been represented to the present General Preamble. Assembly, that the navigation of Appomattox river, might be greatly improved by deepening the channel from Pocahontas bridge to Broadway, so as to admit large vessels to go up to the town of Petersburg: .

No. III.

Managers an- 1. Be it therefore enacted, That books shall be opened in the pointed . ... town of Petersburg, on the first day of March next, under the ... * management of Robert Bolling, Joseph Jones, Christophet

tions. ons M“Connico, James Campbell, John Osborne, James Cureton, and John Grammar, for receiving subscriptions for the purpose of deepening the channel of the said river. Subscriptions 2. The subscriptions shall be made personally or by power of

...” attorney, and shall be in current money and paid in gold or silver

specie. - - - - -

§.", be sub- coin at the current value. The capital to be subscribed for the pur

scribed. pose aforesaid, shall be six thousand pounds, and shall be divided

i." of into one hundred and twenty shares, of the value of fifty pounds larcs.

each. Any person may subscribe one or more whole shares, but no subscription shall be received for less than one share: Provided o nevertheless, That no person shall be permitted in his own right to subscribe for more than six shares. -**

When a meeting 3. So soon as one half of the said capital shall be subscribed, the ...!!!..."... managers herein before named shall, by advertisement in the Pe. Subscribers to - ... • ... tersburg Gazette, call a general meeting of the subscribers at the dent and direc- said town of Petersburg. The subscribers who are present at the *** **, to be said meeting, shall choose a president and four directors, and incorporated thereafter th: subscribers, their heirs and assigns, shall be incorporated into a company by the name of the Appomattox Company, and by that name may sue and be sued. * * the president 4. The president and directors shall continue in office one year, ...:...; to and from thence until the next meeting of the company, and they, H. ... or a majority of them, shall have power to receive subscriptions Their powers until the before mentioned capital is completed, to contract with and duties. any persons, on behalf of the company; to perform such works as they judge necessary for deepening the channel of the said river, from Pocahontas bridge to Broadway, and for keeping the same open; to appoint such officers as they deem necessary to be emiployed in the service of the company ; to call a meeting of the company when necessary; to receive from the subscribers the sums respectively subscribed by them, at such times and in such proportions as they shall judge proper, and to transact all the other business and concerns of the said company. How subserip. 5. If any member shall fail to pay to the person authorised by §ons moy be re- the president and directors to receive the same, the proportion of &bvered. - * • - i. - - - - - - the subscription required of him within one month after such requisition is made in the Petersburg Gazette, the said president and directors may recover the same by motion in the general or district court, in the same manner as the president and directors of the James river and Patownac Companies can recover the arrears due from any member of the said companies.

Annual meeting 6. There shall be a meeting of the said Appomattox Company ...} on the first Monday in every year, at which members or their :: * * proxies having seventy shares at the least, shall be present, and at any intermediate meeting members or proxies having forty shares shall be sufficient. If a sufficient number of members be not present on the first day, the meeting may be adjourned from day to day, Business to be until a sufficient number attend. In counting the votes each memtransacted at the ber shall be allowed one vote for every share, as far as ten shares, meetings. and one vote for every five shares after ten. The said company at their annual meeting, or at any other meeting called by the

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