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Conditions, on which the tolls are granted.

Part of the for

ed.

No. IV.

the state of North Carolina, of which meeting notice shall be given by the said managers or any three of them in the gazettes of both the aforesaid states, at least one month next before the said meeting; and such meeting shall and may be continued and the business of it conducted in the manner prescribed for the meeting ap pointed by the said recited act.

2. And it is hereby declared and enacted, that the tolls allowed to be demanded and received by the before recited act, are granted and shall be paid on condition only that the said Dismal Swamp company shall make the canal and locks of sufficient width for vessels that are fifteen feet broad, and of sufficient depth to be 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, and that each of the locks shall be ninety feet in length, and the causeways fifteen feet in breadth.

3. And be it further enacted, That every act or part of an act mer act repeal of assembly which comes within the purview and meaning of this act, and every part of the before recited act concerning the regulation of commerce, so far as the same is now vested in the government of the United States; shall be and the same are hereby repealed:

Not to be repealed or altered

without the con

sent of North Carolina.

4. And so soon as an act similar to the before recited act, as amended by this act, shall have been passed by the state of North Carolina, the before recited act as amended by this act, shall be in force, and shall never be repealed or altered by the legislature of this state, without the consent of the state of North Carolina.

Treasurer to subscribe for fifty shares in the Dismal Swamp canal company,

to vote in meetings of the com. pany,

and receive the state's proporti

on of the tolls.

CHAP. III.

An Act authorising the Treasurer of this Commonwealth, to subscribe for certain Shares in the Dismal Swamp Canal Company.

1

BE

[Passed November 21st, 1791-Acts of 1791, ch. 21, pa. 12.]

E it enacted by the General Assembly, That the treasurer of this commonwealth shall be authorised and directed to subscribe in behalf of the same, to the amount of fifty shares in the Dismal Swamp canal company, and the money necessary in consequence of such subscription, shall be paid to the order of the president and directors of the Dismal Swamp canal company, in the same proportion as shall be required from individual sub

scribers.

2. 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, at the meetings of the said company, and shall receive the proportion of the tolls which shall from time to time become due to this state from the shares aforesaid.

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

No. IV.

CHAP. IV.

An Act altering the time of the Annual General Meeting of the
Dismal Swamp Canal Company.

1

[Passed December 22d, 1795-Acts of 1795, ch. 46, pa. 42.]

BE it enacted by the General Assembly, That hereafter the Time of annuak

annual general meeting of the Dismal Swamp canal compa

ny, shall be held on the fourth Monday in October, in every year,

instead of the first Monday in September.

meeting.

2. This act shall be in force so soon as an act of a like nature Commencement. shall be passed by the legislature of North Carolina.

of this act.

CHAP. V.

An Act concerning the Dismal Swamp Canal Company.

B

[Passed January 3d, 1799.—Acts of 1798, ch. 22, pa. 14.]

thorised to subscribe for the

E it enacted by the General Assembly, That the treasurer be, Treasurer au and he is hereby authorised and required, to subscribe on behalf of the commonwealth, for twenty additional shares in the state certain adDismal Swamp canal company, which shall be held and enjoyed in ditional shares ia like manner as the shares now held by the commonwealth in the the Dismal Swamp canal said company; and the money which shall become due for the shares so to be subscribed for, shall be paid by the said treasurer, out of any money in his hands, on a warrant or warrants from the auditor of public accounts, to be issued on application of a board of the president and directors of the said company.

2. This act shall commence in force from the passing thereof.

CHAP. VI.

An Act concerning the Dismal Swamp Canal Company.

[Passed December 16th, 1800-Acts of 1800, ch. S, pa. 7.]

company.

Commencement

HEREAS it is represented to this General Assembly, by Preamble.

WHEREAS is represent compory, that the said company.

notwithstanding the greatest exertions may not be able to complete the canal and other works undertaken by them within the time to which they are limited by law, and also that some alterations may be made in the said works which will be beneficial to the said company and not detrimental to the public. And whereas it consisteth with the true policy and dignity of states to encourage works of public utility and to favor those engaged in the execution of them so far as it may comport with the general good,

completion of the

works.

1. Be it enacted, That the further time of five years be allowed Further time slto the Dismal Swamp canal company to be computed from the lowed for the nineteenth day of September, in the year one thousand eight hun dred and one to complete their canal and other works in such a manner as to entitle them to receive the talls granted by law,

Directed that a causeway be

made on one bank of the canal.

Company authorised to take tolls immediate.

ly.

Enacting clauso

No. IV.

2. And be it further enacted, That a causeway or road of the dimensions prescribed by law on one bank of the said canal, shall be sufficient until the legislatures of the states of Virginia, and North Carolina shall see proper to direct a like road or causeway to be made on the other bank; any act or part of an act to the contrary notwithstanding,

3. And whereas, It is represented that parts of the said canal and works may now be used by travellers and others, with advantage, and it is just that they who receive the benefit therefrom should make some return for the same. Be it enacted, That the said company shall have a right to demand and receive from those who may choose to use their causeways or water before the navigation and works shall be completed a reasonable compensation for the use thereof: the assembly of North Carolina having passed an act similar to this.

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

CHAP. VII.

Preamble.

Time for com pleting works prolonged

Commencement

An Act concerning the Dismal Swamp Canal Company.

[Passed January 20th, 1807.-Acts of 1806, ch. 100, pa. 39.]

WHEREAS it has been represented to this General Assem

bly, by the Dismal Swamp canal company that the said company, notwithstanding the greatest exertions, will not be able to complete the canal and other works undertaken by them within the time to which they are limited by law: And whereas it con sisteth with the true policy of states, to encourage works of public utility:

1. Be it enacted by the General Assembly, That the further time of six years, to be computed from the first day of August, one thousand eight hundred and six, be allowed to the Dismal Swamp canal company, to complete their canal and other works in such a manner as to entitle them to receive the tolls granted by law.

2. This act shall commence and be in force from and after the passing hereof.

ELIZABETH AND NORTH RIVER.

An Act for Cutting a Canal from the Waters of Elizabeth River to the Waters of North River.

[Passed December 12th, 1796.—Acts of 1796, ch. 15, pa. 14.]

An Act to revive and amend the Act, entituled, " An Act for Cutting
ae anal from the Waters of Elizabeth River to the Waters of the
Nove
'h River".

[Passed January 2d, 1800.-Acts of 1799, ch. 40, pa. 21.]

APPENDIX) LAWS CONCERNING THE NORTHERN NECK. No. V.

[See Rev. Code, vol. I. ch. 3, pa. 5.-Ch. 4, pa, 10.-Chan. Rev, pa. 99, 100. pa. 176. pa. 180. pa. 206.

Acts of October 1784-Ch. 91, sect. 7, 8.]

CHAP. I.

An Act for the safe keeping the Land Papers of the Northern Neck in the Register's Office.

1

[Acts of 1785, ch. 67, pa. 36.]

WHEREAS it is necessary and expedient that the records

papers upon which the titles to their lands of the citizens of this commonwealth depend, should be kept in the same office; and whereas it hath heretofore been customary to keep the records, documents, and entries of the lands within the district of the Northern Neck in the office of the late proprietor:

2. Be it enacted, That in future all such records, documents, books, and papers, shall be in the keeping of the register of the land office, in the city of Richmond, who is hereby appointed keeper of the same; and the executive shall, within three months from the passing of this act, cause the said records, documents, books, and papers, to be safely removed from the said proprietary office into the office of the register, who shall give a receipt for the same, which receipt shall be lodged in the council chamber, and recorded in the council books. And the expenses incurred by the said removal shall be paid out of the contingent fund.

3. And be it further enacted, That every person having title or claim to any land or lands within the Northern Neck, shall, on application, be furnished with an authenticated copy of any record, document, or writing, by the register; and such authenticated copies shall be evidence in all courts of record in which the title or quit rents of any of the said lands shall at any time be drawn inte question. And whereas since the death of the late proprietor, the right honourable Thomas Lord Fairfax, no mode hath been adopted to enable those who had before his death made entries for waste and unappropriated lands in his office, nor to enable those who since his death have made entries within the said district, according to an act of assembly, entituled "An act concerning surveyors, to obtain titles for the same,

4. Be it therefore enacted, That where any surveys have been heretofore made, or hereafter shall be made under entries made in the life of the said proprietor, or under entries made with the surveyor of any county, under the act of assembly aforesaid, and which have been returned to the said proprietary office, or shall hereafter be returned to the register's office, the register shall make out grants therefor, to bear teste under the hand of the governor and the seal of this commonwealth, in the same manner as is by law directed in cases of other unappropriated lands; and the surveyors with whom such entries have been made, are hereby directed and empowered, to proceed to survey and record the same, and to make return of such surveys to the register's office, in the same manner, and within the same time, as is or shall be directed in cases of warrants issued for other unappropriated lands within this commonwealth, and thereupon grants shall issue in the manner herein before directed.

No. V.

5. And be it further enacted, That from and after the passing of this act, the unappropriated lands within the said district shall be subject to the same regulations, and granted in the same manner, and all caveats shall be proceeded upon, tried and determined, as is by law directed in cases of other unappropriated lands belonging to this commonwealth.

6. And be it further enacted, That upon grants issued under this act, in consequence of entries heretofore made, a composition after the rate of thirteen shillings and four pence for every hundred acres, shall be paid to the register, to be by him accounted for and paid into the public treasury, in the same manner as other monies by him received by virtue of his office; and the surveyors within the said district shall for their services be entitled to and receive the same fees as other surveyors within this commonwealth for the like

services.

7. And be it further enacted, That the land holders within the said district of the Northern Neck, shall be forever hereafter exonerated and discharged from composition and quit rents; any law, usage, or custom, to the contrary notwithstanding.

1

CHAP. II.

An Act to extend the operation of an Act, entituled "An Act concerning Escheators" to the several Counties in the Northern Neck.

WH

[Acts of 1785, ch. 53, pa. 37.]

HEREAS the act of assembly, entituled " An act.con cerning Escheators," does not in its operation extend to the counties in the Northern Neck, and it is necessary that escheators should be appointed in the several counties in that district. 2. Be it therefore enacted, That the aforesaid act of assembly shall be carried into execution, and be in full force in the several counties in the Northern Neck. And the court of each of the said counties is hereby required to recommend to the governor and council, some proper person to be commissioned, escheator within such county, on or before the first day of June next; and in case of the failure of such recommendation, it shall be lawful, and the governor is hereby required, to appoint and commission, as soon as may be, an escheator within each of the said counties, who shall be a resident of such county.

CHAP. III.

An Act for reviving, continuing and amending an Act to revive and amend in part an Act for giving further time to enter Certificates for Settlement Rights, and for Locating Warrants upon Pre-emption Rights, and for other purposes.

[Acts of 1786, ch. 3, pa. 6.]

6. And be it further enacted, That where any caveat hath been been entered in the proprietor's office of the Northern Neck before the seventeenth day of October in the year of our Lord one thousand seven hundred and eighty-five, the person who entered such caveat shall, within twelve months next following, assign the causes thereof in the register's office, and proceed to prosecute the

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