Abbildungen der Seite
PDF

No. III. president and directors, may call upon them for an account of Powers of the their proceedings and contracts, for the execution of the plan, for i. at deepening the said river, and of the money received and disbursed "***** by them, and may allow them a sum for their services, may displace the said president and directors, or any of them, and appoint others in their stead, may lower the tolls herein after allowed them, and may exempt any vessels from the payment thereof, and shall, after leaving in the hands of the president and directors a sufficient sum for the expenses attending the repairs of the said works and other contingent charges, make an equal dividend of the nett profits arising from the tolls and other profits thereof, amongst themselves, according to their respective proportions. In consideration of the expenses that will be incurred by the said company in deepening the bed of the said river and keeping the Members to be same-open, the members of the said company, their heirs and o.o. - - --- :- r - ... - - - tenants in comassigns, shall be entitled to the tolls herein after mentioned for . . .iis, ever, as tenants in common, in proportion to their respective shares, and the same shall be deemed real estate, and be for ever exempt from the payment of any tax or imposition whatsoever.

7. It shall be lawful for the president and directors, te demand Rates of tolls. and receive at the place called the Bake House, on the said river, or at such other places above that as the said president and directors shall appoint, tolls from vessels drawing five feet water, for their passage by or through the said places, according to the folIowing table and rates, to wit: On vessels of five and not exceeding five and a half feet, three shillings per foot; on vessels of five and a half, and not exceeding six feet, three shillings and nine-pence per foot; on vessels of six and not exceeding six and a half feet, four shillings and six-pence per foot; on vessels of six and a half and not exceeding seven feet, five shillings and three-pence per foot: Provided however, That the tolls hereby made payable, shall Proviso. only be demanded for the water above five feet, which tolls are rated in money, and may be discharged in gold or silver coin at their current value. 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 seven feet water; and m 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 * ors the said places herein before named, the collectors may lawfully tolls. 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 fifty cents for every inch of water which it may draw above five feet, to be recovered on motion and ten days notice, in any court of record in this Commonwealth.

9. The said river and the channel thereof, when deepened as o aforesaid, shall for ever be wood and taken as a public high-public highway

8

No. III.

way for the passage of all vessels, and transportation of all commoalties, 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 nevertheless be subject to such regulations as may be prescribed by the laws of this state, Shares transfer, or the United States. The shares in the said company shall, to jo * all intents and purposes, be held and transferred by the proprietors $ tarCS. thereof, in the same manner and on the same conditions, as the shares of the proprietors in the James river and Potowmac Com

panies. * - - + - - Yo...! 10. Nothing herein contained shall be construed to prevent ves"

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

11. This act shall commence and be in force, from and after the passing thereof.

CHAP. X.
An Act to amend the Act, entituled, “An Act to revive and amend

the Act,” entituled, “An Act for improving the Navigation of Appomattox River, from Broadway to Pocahontas Bridge.”

[ocr errors]

E it enacted bu the General Assembly, That it shall be lawful Rates ef toll, 1 B for the †: and directors of & Appomattox company to demand and receive, at the place called the Bake house, on the river Appomattox, or at such other places above that, as the said president and directors, shall appoint, tolls from vessels drawing five feet water, for their passage, by or through the said places, according to the following table and rates, to wit: On vessels drawing five feet one shilling and six-pence per foot, on vessels above five and not exceeding five and a half feet, three shillings per foot 5 on vessels of five and a half, and not exceeding six feet, three shillings and nine-pence per foot; on vessels of six, and not exceeding six and a half feet, four shillings and six-pence per foot; on vessels of six and a half, and not exceeding seven feet, five shillings and three pence per foot; which tolls are rated in money, and may be discharged in gold or silver coin, at their current value. 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 seven feet water: And in case the company shall not begin the said work within two years from the passing of this act, 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: Provided nevertheless, that nothing within this act contained shall É. the future controul of the legislature over the rates established. *

Repealing 2. And be it further enacted, That the seventh section of the act clause. passed at time last session, entituled, “An act to revive and amend

No. III.

the act, entituled, “An act for improving the navigation of ApPomattox river, from Broadway to Pocahontas bridge, shall be, and is hereby repealed.

* 3. This act shall commence and be in force from and after the passing thereof.

CHAP. XI. An Act for enlarging the Stock of the Upper Appomattox Campany, - andfor other purposes. -

[Passed January 1st, 1802—Acts of 1801, ch. 43, pa. 26.]

1. Who it is represented to this present General As

sembly, that the number of shares already subscribed in the Upper Appomattox company, will not be sufficient to complete the navigation of the said river.

2. Be it enacted, That whensoever the trustees of the said company shall have received subscriptions, for one hundred new shares in addition to the number already subscribed, it shall be the duty of the said trustees to make known the same to the treasurer of this commonwealth, who shall on receiving such notification, subscribe for and on behalf of this commonwealth, twenty-five shares in addition to the interest already held by the commonwealth in the said company; and when the additional subscriptions shall be completed, the rights, privileges and obligations of the new subscriers, shall be the same, and subject to the same summary mode of process in case of delinquency, as the original subscribers now are: Provided nevertheless, That no requisition shall be made on the additional shares, until all the money shall have been required, which was heretofore subscribed.

3. And be it further enacted, That it shall and may be lawful for every of the said proprietors to transfer his or her share or shares, by deed in writing, proved by two witnesses, or acknowledged before any court of law, or the mayor or other chief magistrate of any city, town or corporation of the county in which the party shalf dwell, and not otherwise (except by devise) and such deed shall not be good against subsequent purchasers for valuable consideration, not having notice thereof, unless the proof or acknowledgment of such deed, shall be certified by the court, mayor, or chief magistrate, before whom the same shall be proved or acknowledged, in the manner such acts are usually authenticated by them and lodged with the clerk of the company, to be registered, in the said company’s books, within eight months after the execution of the said deed, when the party resides within this commonwealth, and within eighteen months after the execution of the said deed when the party shall reside out of the state. And before any devisee or devisees shall be entitled to draw any part of the profits arising from the tolls, or other profits arising from the property of the soi company, an authenticated copy of the will under which he or she claims, shall be lodged with the clerk of the company, and regis

Enacting clause,

Preamble.

Public treasurer to subscribe for additional number of sharks.

How shares to be transferred.

tered in the said, company's books: Provided, That no transfer No transfor to whatsoever shall be made, except for one or more whole share or be made or a shares, and not for a part of such shares, and that no share shall or of a slo.

at any time be sold, conveyed, transferred or held in trust for the

[ocr errors]

use and benefit, or in the name of another, whereby the said trust.

- o - - - * No. III.

trustees, superintendants or share-holders of the said company, or any of them, shall or may be challenged or made to answer, concerning any such trust; but that every such 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.

Repealing 4. And be it further enacted, That so much of the eleventh sec

clause. ' tion of the act passed in December, one thousand seven hundred and ninety-five, entituled, “An act to amend and reduce into one act, the several acts for opening and extending the navigation of Appomattox river,” as comes within the purview of this act, shalf be and the same is hereby repealed.

commencing * 5. This act shall commence and be in force from and after the clause. passing thereof.

CHAP. XII.

An Act to amend and reduce into one the several Acts of Assembly, for Improving the Navigation of Appomattox river, from Broadway to Pocahontas Bridge. - [Passed January 9th, 1802–Acts of 1801, ch. 57, pa. 30.] Rooks to be B* it enacted by the General Assembly, That books shall be opened for re- 1. opened in the town of Petersburg, on the first day of Fe:* bruary next, under the management of Robert Bolling, Joseph scriptions. Jones, James Campbell, John Osborne, James Cureton, Edward Pegram, and John Grammar, for receiving subscriptions for the purpose of deepening the channel of the said river. The subscriptions shall be made personally or by power of attorney, and shall be in current money. The capital to be subscribed, shall be forty thousand dollars, and shall be divided into two hundred shares of the value of two hundred dollars each. So soon as one half of the said capital shall be subscribed, the managers before named, shall by advertisement in the Petersburg Gazette, call a general meeting of the subscribers at the said town of Petersburg. The subscribers who are present at the said meeting, shall choose a president and four directors, and thereafter the subscribers, their company incor- heirs and assigns, shall be incorporated into a company by the porated name of the Lower Appomattox Company, and by that name may sue and be sued. *

Powers of presi. 3. The president and directors shall continue in office for one dent and direc- year, and from thence until the next meeting of the company, and * they or a majority of them, shall have power to receive subscriptions until the capital is completed; to contract with any persons on behalf of the company, 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 may deem necessary for the service of the company; to call a meeting when necessary, to reo ceive the sums subscribed, and to transact all the other business and concerns of the company. - -

*:..o. 3. If any subscribershall sail to pay the proportion of the sub..i.” “ scription required of him, within one month after such requisition * * is made, the said president and directors may recover the same by motion in the district court of Petersburg, with costs and interest,

provided ten days notice be given such subscriber.

[graphic]

No. III.

4. There shall be a meeting of the said company, on the first Monday in May in every year, at which members or their proxies, having at the least one hundred and five shares, shall be present, but at any intermediate meeting members or proxies, having sixty shares, shall be sufficient. If on the first day a sufficient number of members shall not attend, the meeting may be adjourned from day to day, until a sufficient number attend. In counting the votes, each member shall be allowed one vote for every share, as far as ten shares, and one vote for every five shares after ten. The said company at their annual meeting, may call upon the president and directors for an account of their proceedings and contracts, and of the money received and disbursed by them, and may allow them a sum for their services; may displace the said president and directors, or any of them ; may lower the tolls hereafter allowed them, and exempt any vessel from the payment thereof; and shall after leaving a sufficient sum for the expenses attending repairs and other contingent charges, make an equal dividend of the nett profits arising from tolls amongst themselves, according to their respective proportions.

5. In consideration of the expenses incurred by the said company, in deepening the bed of the said river, and keeping the same , the members of the said company, their heirs and assigns, shall be entitled to the tolls herein after mentioned, for ever, as tenants in common, in proportion to their respective shares, and the same shall be deemed real estate, and be forever exempt from the payment of any tax or imposition whatsoever. It shall be lawful for the said company to demand and receive, at the place called the Bake house, on the river Appomattox, or at such other places as the said president and directors shall appoint, tolls from vessels drawing five feet water and upwards, for their passage by or through the said places, according to the following table and rates, to wit: On vessels drawing five feet, one and six pence for every foot such vessel draws; on vessels above five and not exceeding five and a half feet, three shillings per foot; on vessels of five and a half and not exceeding six feet, three shillings and nine pence per foot; on vessels of six and not exceeding six feet and a half, four shillings and six pence per foot; on vessels of six and a half, and not exceeding seven feet, five shillings and three pence per foot; on vessels of seven and a half feet and not exceeding eight, six shillings per foot; on vessels of eight feet, six shillings and nine pence per foot; on vessels of eight feet and a half, seven shillings and six pence per foot; on vessels of nine feet, nine shillings per foot, and on all vessels of more than nine feet, ten shillings per foot. Which tolls are rated in money, and may be discharged in gold or silver coin at their current value. The tolls herein before allowed, shall be paid on condition only, that the said Appomattox river shall be made navigable in any season from Broadway to Pocahontas bridge, by vessels drawing seven feet water; and in case the said company shall not begin the work within two years and complete the same within seven years after the passing of this act, then the said company shall not be entitled to any benefit or privilege under this act.

6. If pavment of the said tolls shall be refused, when any vessel. from which the same are demandable, offers to pass by or through

Meetings of the company and business thereaf,

Tolls allowed.

To be paid on certain conditiOils,

« ZurückWeiter »