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Every butt or hogshead of malt liquor, 18
fourth part; and every smaller cask or keg in pro- > * *
portion according to the quantity and quality of
their contents, -
same as molasses,
the vessel, Every chaldron of coals,
Every hundred bushels of lime or of shells, 2O
Every hundred of hogshead staves or pipe or hogshead 4
Every cord of fire wood, 12
All other produce, goods, wares, or *} “
one fourth per centum. Every boat or vessel exceeding one ton burthen which has not commodities on board to yield so much (except an empty boat or vessel returning, whose -40 load has already paid the toll, in which case she is to repass free of toll.) Every canoe, boat, or vessel, under one ton burthen which has not commodities on board to yield o 18 much except as in the preceding article excepted. Every man (except foot travellers, who shall pass toll free) horse, ox in draft, and wheel passing the
causeways (except the loads they carry yield so 6.
much, or empty waggons or carts returning, whose loads have paid the toll.)
Every head of black cattle, 3
Every hundred weight of indigo, 12
- - - - - No. IV.
10. All produce, goods, wares, or merchandize, passing the causeways shall be subject to the same toll, as goods passing
through the canal; but which tolls though chargeable in Spanish
miled dollars may be paid in other silver, or in gold coin of the sume value. And in case of refusal to pay the tolls at the time of offering to pass the place aforesaid, and previous to passing the same, the collector of the said tolls may lawfully refuse passage to whatever refuses payment, and if any vessel, waggon, or cart, shall pass without paying the toll, then the said collector may scize such vessel, waggon, or cart, wherever found and sell the same at auction for ready money, which, so far as is necessary, shall be applied towards paying the said toll, and all expenses of seizure and sale, and the balance, if any, shall be paid to the owner, and the person having the direction of such vessel, waggon, or cart, shall be liable for such toll, if the same is not paid by the sale as aforesaid. Provided, that the said proprietors or a majority of them holding at least one hundred and eighty shares, shals have full power and authority, at any general meeting, to lessen the said tolls or any of them, or to determine that any article may pass free of toll. 11. And be it enacted, That the said canal and works to be erected the reon in virtue of this act, and the causeways when completed, shall forever thereafter be esteemed and taken as public highways, free for the transportation of all goods, wares, commodities, or produce whatsoever, and for travelling, 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 canal and the works thereon erected, or the causeways, shall at any time hereafter be imposed by both or either of the said states, subject neverthcless to such regulations as the Legislatures of the said states may concur in, to prevent the importation of prohibited goods, or to prevent fraud in evading the payment of duties imposed in both or either of the said states on goods imported into either of them.
12. And whereas it is necessary for the making of the said camal, locks, causeways, and other works, that a provision should be made for condemning a quantity of land for the purpose,
13. Be it enacted, That it shall and may be lawful for the said president and directors, or a majority of them to agree with the owners of any land, through which i. 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 com-pos, 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 eighteen inhabitants of his county of property and reputation, not related to the parties nor in any manner interested, to meet on the land to be valued at a day to be expressed in the warrant, not less than ten nor more than twenty days thereafter, and the sheriff, on receiving the said warrant, shall forthwith summon the said jury, and when met, provided that not less than twelve do appear, shall administer an oath or affirmation to every juryman that shall appear, “That he will fairly, justly, and “impartially value the land (not exceeding the width of three “hundred feet) and all damages the owner thereof shall sustain
No. IV. “ 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 favour or affection, nor any person “ grieve through malice, hatred or ill will.” And the inquisition thereon 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 on 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 said president and directors to
the owner of the land or his legal representatives, and on payment thereof the said company shall be seized in fee of such land as if conveyed by the owner to them and their successors by legal conveyance. 14. Provided nevertheless, That if any farther damage shall arise to any proprietor of land 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 any 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 farther 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, or other 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 and directors, or some person by their authority.
15. And be it enacted, That the said president and directors or a majority of them are hereby authorised to agree with the proprietor or proprietors for the purchase of a quantity of land not exceeding one acre, at or near the place of the receipt of tolls aforesaid for the purpose of erecting 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, and the said company shall on payment of the valuation of the said land be seized thereof in fee simple as aforesaid.
16. And whereas it is represented that the waters of the lake in the Dismal Swamp commonly called Drummond's Poad may be useful for a supply of water to the said canal,
17. Be it enacted, That the said lake, so far as the waters thereof shall be necessary for the purpose aforesaid, shall be and is
hereby vested in the proprietors of the said canal, and it shall and
may be lawful for the said president and directors or a majority of them to open, if they shall find it expedient a cross canal from
the lake to the principal canal for the purpose of drawing from
thence a supply of water, and for executing this work and keeping it in repair, they shall have the same powers which they are authorised to exercise in opening the principal canal. And it shall not be lawful for any person whatsoever so to cut off or divert the courses of those waters, which now flow from the westward into the said lake as to prevent their continuing to fall into it. *
-- - -
- No. IV.
18. And whereas some of the places through which it may be necessary to conduct the 'said canals may be convenient for erecting mills and other water works, and the persons possessors of such situations may design to improve the same, and it is not the intention of this act to interfere with private property but for the purpose of improving and perfecting the said navigation,
19. Be it enacted, That the water or any part thereof conveyed through the said canals shall not be used for any purpose but navigation, unless there shall be sufficient to answer both the purposes of navigation and water works aforesaid, in which case the said president and directors, or a majority of them are hereby empowered and directed to enter into reasonable agreements with the
proprietors of such situations concerning the just proportion of the
expenses of making the canals 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.
20. And whereas the said canals may be of great utility in affording the means of draining the sunken lands through which they pass,
21. Be it enacted, That it shall and may be lawful for the proprietors of the said adjacent sunken lands to open cross ditches into the said, canals, Provided, that these cross ditches shall not be within less than one mile of one another on the same side of the canals, and be covered where they pass through the causeways with good bridges of the breadth of the causeways at the expense of the persons cutting them and also be so constructed that the water may be entirely prevented passing through them into the canals at any time, when this shall be necessary. And the works occasioned by these cross ditches, except the bridges, shall be
... kept in repair at the expense of their proprietors.
22. And be it enacted, That it shall and may be lawful for every of the said proprietors to transfer his share or shares by deed executed before two witnesses, and registered after proof of the execution thereof in the said company's books and not otherwise, except by devise, which devise shall also be exhibited to the president and directors, and registered in the company’s books before the devisee or devisees shall be entitled to draw any part of the profits
from the said tolls. Provided, that no transfer whatsoever shall.
be made except for one or more whole share or shares, and not for part of such shares, and that no share shall, at any time, be sold,
conveyed, transferred, or held in trust for the use and benefit, or in the name of another, whereby the said president and directors, or proprietors 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 abso
lutely as such, but between any trustee and the person for whose benefit any trust shall be created the common remedy may be pursued.
23. And whereas it hath been represented, that sundry persons are willing and desirous on account of the public advantage, and also the improvement their estates may receive thereby, to promote
and contribute towards so useful an undertaking and to subscribe
No. IV. sums of money to be paid on condition the said works are com
Pleted and carried into execution, but do not care to run any risque, or desire to have any property therein,
24. Be it therefore enacted, That the said president and directors shall be, and are hereby empowered to receive and take in subscriptions on the said conditions, and on the said works being completed and carried into execution according to the true intent and meaning of this act, that it shall and may be lawful for the said president and directors or a majority of them, in case of refusal or neglect of payment, in the name of the company as aforesaid, to sue for and recover of the said subscribers, their heirs, executors, or administrators, the sums by them respectively subscribed, by action of debt, or on the case in any court of record within this State.
25. And be it enacted, That if the said capital and the other aids already granted by this act shall prove insufficient, it shall and may be lawful for the said company from time to time to increase the said capital by the addition of so many more whole shares, as shall be judged necessary by the said proprietors or a majority of them olding at least one hundred and eighty shares present at any general meeting of the said company. And the said president and directors, or a majority of them are hereby empowered and reqeired after giving at least one months notice thereof in the North Carolina and Virginia Gazettes, to open books at the before mentioned places for receiving and entering such additional subscriptions, in which the proprietors of the said company for the time being shall and are hereby declared to have the preference of all others for the first thirty days after the said books shall be opened as aforesaid, of taking and subscribing for so many whole shares as any of them shall choose. And the said president and directors are hereby required to observe in all other respects the same rules therein as are by this act prescribed for receiving and adjusting the first subscriptions, and in like manner to return under the hands of any three or more of them an exact list of such additional subscribers with the sums by them respectively subscribed into the courts as aforesaid, to be there recorded. And all proprietors of such additional sums shall and are hereby declared to be from thenceforward incorporated into the said company.
, 26. And it is hereby declared and enacted, That the tolls herein before allowed to be demanded and received, are granted and shall be paid on condition only, that the said Dismal Swamp canal company shall make the canal thirty two feet wide, and eight feet in depth below the surface of the earth, and capable of being navigated in dry seasons by vessels drawing three feet water, from Deep Creek near Tucker’s mill in Virginia to the highest good navigation for vessels of the aforesaid draft, in Pasquotank river in North Carolina, with sufficient locks each of ninety feet in length and thirty two feet in breadth, and capable of conveying vessels drawing four feet water at the least, and that each of the causeways shall be twenty feet in breadth.
27. And it is hereby enacted and provided, That in case the said company shall not begin the said work within one year after the company shall be formed, or if the said company shall not complete the navigation and works as aforesaid within ten years after