wards. such articles proving their right to the same, within the space of immediately and six months after the date of the advertisement, shall have such advertised afterarticles, if claimed before the sale, or the money arising from the Owners, on prov sale if claimed afterwards and before the end of the said space of ing their right, six months, the said owner paying the expenses of advertising the may have such same: All monies arising from such sales, and remaining in the articles, if claimhands of the said inspector after the said space of six months, shall sale, or the mo be by him paid into the public treasury for the use of the com- ney if claimed afmonwealth. terwards; paying ed before the 6. And when any free negro or mulatto shall give a manifest expense of advertising. of any loading put on board of any boat, he or she shall obtain a Monies not claim. certificate from some respectable white person, certifying the ed to be paid inte truth of the manifest and his or her right to the property therein the treasury. Free negro or mentioned; which certificate shall accompany the said manifest, mulatto, giving a and the person granting such certificate shall keep a copy thereof. manifest, to ob7. And be it further enacted, That it shall be the duty of eve- tain a certificate ry navigator of a boat on the said river and its branches, when he pectable white shall take on board any species of property for sale or transporta- person. tion, which he claims as his own, to get a certificate from some Every boatman, respectable person in the neighborhood where he shall take the taking on board same, stating the quantity and the particular kind of property so his own property, shipped. from some res to get a similar certificate. than one nor 8. And be it further enacted, That in future every free water- Free waterman, man who shall receive on board of his boat or other vessel, any embezzling proproduce, goods, wares or merchandize, and shall embezzle the perty received on board his boat, same or any part thereof to the value of four dollars and upwards, to be guilty of shall be deemed guilty of felony; and upon conviction thereof be- felony, and confore any court having competent jurisdiction, he shall suffer a fined in the Peniconfinement in the jail and penitentiary house for a term of not tentiary not less less than one year, and not more than five years; and when the more than five produce, goods, wares or merchandize so embezzled shall be of years. less value than four dollars, the offender shall be deemed guilty Where the proof petit larceny, and upon conviction thereof before any such court is of less value perty embezzled shall suffer as in other cases of petit larceny. Nothing herein than four dollars, shall be construed as barring any person injured by such embez- the offence to be zlement, from his or her right of civil action against such offen- petit larceny. Person injured not to lose his der or offenders. 9. And be it further enacted, That where the said river or any right of action. of its branches shall be the line between any of the counties there- Where river, or on, the officers of the peace in such counties shall have power to any of its branchexercise the duties of their office, so far as relates to the detectiones, is the line be or apprehending of watermen, on the said river, or either side peace officers of thereof. tween counties, such counties their duties on 10. And be it further enacted, That the said inspector shall may exercise be entitled to demand and receive, as compensation for the servi- the river, or eices he shall have to perform in enforcing this act, the sum of two ther side thereof. cents for every boat loaded with coal only, each time it shall pass the inspector of Compensation to downward, and the sum of six cents for every other boat passing boats. downwards, and no more. 11. This act shall be in force from and after the first day of Commencement. April next. N Preamble. No restriction, rin river, or any CHAP. LXXVII. An Act to Incorporate a Company for the purpose of Clearing out and rendering Navigable Meherrin River. [Passed February 12, 1811.] HEREAS the opening and rendering navigable the river Meherrin from the lower falls, in Greensville county in this commonwealth, to the town of Murfreesborough, in the state of North Carolina, is an object of importance to the interior commerce of a large portion of this state and North Carolina, and many persons in both states are willing to subscribe large sums of money for the purpose of effecting so desirable an object, and it is just and proper that they, their heirs and assigns should be impowered to receive reasonable tolls in satisfaction for the money advanced by them in carrying the said work into execution; And whereas it is represented to the present general assembly, that the legislature of the state of North Carolina have passed an act, entitled, "An act to incorporate a company for the purpose of clearing out and rendering navigable Meherrin river," to be in force from and after the passage of a corresponding act of the legislature of this state; 1. Be it enacted by the General Assembly, That no restriction, duty or impost to duty or impost shall be laid on any commodity which is the be laid on com. modities of the growth, produce or manufacture of the state of North Carolina, state of N. Caro- conveyed up or down the said river for sale or exportation; and lina, conveyed up that the same may be sold or exported without re-inspection; and or down Meher- that the waters of the said river, and all its branches, as far as the of its branches; same are in this state, shall be considered as a common highway, free for the use and navigation of vessels belonging to the state of North Carolina, or any of its citizens, and that they shall not be therein subject to the payment of any toll or charge whatsoever for the purpose of raising revenue: but nothing herein contained shall be so construed as to prevent the imposition of tolls for the purpose of improving the navigation of the said river. except tolls for the purpose of improving the navigation. Books, for receiv- 2 And be it further enacted, That it shall and may be lawful ing subscriptions, to open books in the counties of Greensville and Southampton; where & bywhom under the management of John M. Walker and Lewis Dupree, in to be opened: the county of Greensville; and James Gee and Richard Blount, open. in the county of Southampton ; for receiving and entering subto the amount of scriptions to the amount of ten thousand dollars, for the purpose 10,000 dollars. of opening the said river from the lower falls in Greensville, in this state, to the town of Murfreesborough, in North Carolina; which subscriptions shall be made in person or by power of attor Books when to be ney; that the said books shall be opened for the purpose of reopened and how ceiving subscriptions on the first day of April next, and continued long to continue open until the first day of April, one thousand eight hundred and thirteen if necessary; but as soon as three thousand dollars are First gen. meet- subscribed, the acting commissioners shall call a general meeting ing when & where of the subscribers at the tavern of John Avery, in the county of to be called. Greensville, or at such other place as a majority of the subscri Notice to be gi- bers may determine, of which, notice shall be given by the said ven of such meet- commissioners in some paper printed in this state, at least twenty ing. days before the said meeting; and such meeting shall and may be Books to be laid continued from day to day until the business is finished. The before the sub- said acting commissioners shall, at the time and place aforesaid, lay before such of the subscribers, as shall meet according to the said notice, the books by them respectively kept, containing the scribers. List of all subscribers to be recorded in the su thousand dollars state of said subscriptions; and if three thousand dollars shall on examination appear not to have been subscribed, then the said commissioners are to go on, to take and receive subscriptions to make up the deficiency, and a just and true list of all the subscribers, with the sum subscribed by each shall be made out and returned by the said commissioners, under their hands, into the superior court of perior court of law, holden in and for the county of Greensville, law for Greens. to be there recorded: and in case more than the sum of ten thou- ville county. sand dollars shall be subscribed, then the same shall be reduced If more than ten by the said commissioners, or a majority of them, by beginning be subscribed, at and striking off from the largest subscription or subscriptions, subscription to be and to continue to strike off a share from all subscriptions under reduced. the largest, and above one share until the sum is reduced to the said capital of ten thousand dollars, or until a share is taken from all subscriptions above one share; and lots shall be drawn between subscribers of equal sums to determine the number in which such subscribers shall stand on a list to be made for striking off as aforesaid and the said capital sum shall be reckoned and divided into two hundred shares of fifty dollars each, of which persons Shares to consist subscribing may take or subscribe for one or more whole shares of $50 each. and not otherwise: Provided, that unless three thousand dollars If $ 3,000 be not shall be subscribed, all subscriptions made in consequence of this subscribed, all subscriptions to aet shall be void. be void. S. And be it further enacted, That in case three thousand dol- If $ 3,000, or lars of the said capital or a greater sum shall be subscribed, the more, be subsaid subscribers, their heirs and assigns, from the time of their scribed, the subfirst meeting shall be, and they are hereby declared to be incorpo- corporated, by rated into a company by the name of "The Meherrin Navigati- the name of the on Company," and in that character may sue and be sued, implead Meherrin naviga and be impleaded, before any court of record in this common- President, direcwealth, and may elect and appoint a president, directors, treasur- tors, treasurer & er and all other necessary officers, and from time to time make all other necessasuch bye-laws, rules and regulations for the well ordering and ry officers to be conducting the said navigation as they shall think proper, for the term of one hundred and ninety nine years: Provided, they shall not be repugnant to, or inconsistent with the laws and constitution of this state or the United States. : And be it further enacted, That it shall be lawful for the said company to demand toll for every article carried down or up the whole distance of their navigation, and so in proportion to any part thereof; not exceeding the following rates, that is to say; for every pipe or hogshead of wine containing more than sixty-five gallons, fifty cents; for every hogshead of rum or other spirits, forty cents; for every hogshead of tobacco, thirty cents; for every hogshead of molasses, thirty cents; for every hogshead or butt of malt liquor, thirty cents; for every cask between sixty-five and thirty-five gallons, one half of a pipe or hogshead; every barrel one fourth part; and every smaller cask or keg in proportion to the quality and quantity of their contents; for every dozen bottled malt liquor, two cents; for every dozen bottled wine, two cents; for every bushel of peas, wheat, beans, rice or flax seed, one half cent; for every bushel of Indian corn or other grain, or salt, one half cent; for every barrel of pork, eight cents; for every thousand shingles from eighteen to twenty four inches, six cents; for every thousand three feet shingles, ten cents; for every thousand clapboards or pales, ten cents; for every cord of fire wood, four cents; for every hundred feet of plank or scantling, one and a half scribers to be in tion company. elected. Company to con tinue for the term of 199 years. Rates of tolls. cents; for very barrel of beef, six cents; for every barrel of fish six cents; for every barrel of flour, eight cents; for every barrel of tar, pitch, turpentine or rosin, two and a half cents; for every barrel of linseed oil or spirits of turpentine, ten cents; for every ton of hemp, flax, potash or bar iron, fifty cents; for every ton of pig iron or castings, seventeen cents; for every ton of copper, lead or other ore, other than iron, forty cents; for every ton of stone or iron ore, other than the ballast of the vessel, eight cents; for every chaldron of coal, twelve and a half cents; for every hundred bushels of lime or shells, twenty-five cents; for every thousand bricks or tiles, forty cents; for every hundred of pipe staves, five cents; for every hundred of hogshead staves or pipe or hogshead heading, three cents; for every hundred of barrel staves or barrel heading, one and a half cents; for every boat or vessel exceeding one ton burthen, which has not commodities on board to yield so much, (except an empty vessel or boat returning, whose load has already paid the toll, in which case she is to pass free of toll,) fifty cents; for every canoe, boat or vessel, under one ton burthen, which has not commodities on board to yield so much, (except as before excepted,) twelve and a half cents; for every hundred feet of all other timber, two and a half cents; for every hundred weight of brown or clayed sugar, five cents; for all other produce, goods, wares or merchandize, one fourth of one per centum; for every hundred weight of machined cotton, twenty cents; for every hundred weight of seed cotton, five cents; for every thousand hoop poles, three cents. And the said company may demand toll on all goods and commodities which may be transported through said navigation, or any part thereof, at such place or places as they shall think proper; and if any person or persons shall refuse to pay the lawful toll, the collector may deny him or them any farther passage; and if any person shall refuse to pay the said toll, and pass through the Remedy against said navigation, it shall be lawful for the collector to seize vessel, persons passing cargo or any thing else wheresoever found, and sell the same at public auction, for ready money, or so much thereof as may be necessary to pay and satisfy the said toll; giving ten days previ ous notice of the time and place of sale; and the overplus, if any, shall be restored to the owner after paying the necessary expenses of seizure and sale. To be demanded at such place or pany shall think places as thecom proper. without paying toll. Navigation and pany, when com And be it further enacted, That the navigation and works of works of the com the said company done in pursuance of this act, when completed, pleted, to be con- shall forever thereafter be considered as a public highway, free sidered as a pub- for the transportation and passage of all goods, wares, commodilic highway; sub- ties or produce whatsoever, paying toll as before directed. ject only to the 6. And be it further enacted, That it shall be lawful for any tolls aforesaid. Mode of transfer- proprietor to transfer his share or shares, by deed executed bering shares. fore two witnesses, and registered after proof of execution, in the company's books, and not otherwise, except by devise, and in that case, the devise shall be exhibited to the company, before the devisee or devisees shall be entitled to draw any toll in virtue thereof: Provided, that no transfer shall be made for part of a share, and that no share be transferred or held in trust for the use or benefit, or in the name of another, whereby the company may be made to answer any such trust; but every such person appearing as aforesaid to be a proprietor, shall as to the rest of the company be so considered to every intent and purpose; and between any No transfer to be made of part of a share. Proviso, as to transfer of shares to be held in trust. trustee and the person for whose benefit the trust was created, the common remedy may be pursued. Power of presi tors to call for 7. And be it further enacted, That the president and directors and their successors shall have full power and authority from time dent and direc. to time, as money shall be wanting, to make and sign orders for money from the that purpose, and direct at what time and in what proportion the stockholders. proprietors shall advance and pay off the sums subscribed; which orders shall be advertised at least one month in some newspaper, printed in this state; and they are hereby authorised and empowered to demand and receive of the several proprietors from time to time the sums of money so ordered to be advanced for the carrying on and executing or repairing or keeping in order the said works, until the sums subscribed shall be fully paid; and to order the said sums to be deposited in the hands of the treasurer, to be by him disbursed and laid out as the president and directors, or a majority of them, shall order and direct; and if any of the said Shares of delinproprietors shall refuse or neglect to pay their said proportions quent stockholdwithin one month after the same is so ordered and directed as aforesaid, the said president and directors, or a majority of them, may sell at auction, and convey to the purchaser the share or shares of such proprietor so refusing or neglecting to pay, giving at least one month's previous, notice of the time and place of sale in some newspaper, printed in this state; and after obtaining the sum due and charges of sale out of the money thereby produced, they shall refund and pay the overplus, if any, to the former owner ers to be sold. or proprietor; and if such sale shall not produce the full sum or- Farther remedy dered and directed to be advanced as aforesaid with the incidental against such decharges, the said president and directors, or a majority of them, linquents. may in the name of the company sue for and recover the balance by motion on ten days previous notice; and the said purchaser or purchasers shall be subject to the same rules and regulations, as if the said sale and conveyance had been made by the original proprietor. 8. And be it further enacted, That if the said company shall If navigation not not complete the said navigation of the said river within five completed in five years after the passing of this act, all preference in favor of the said company in relation thereto shall be forfeited. 9. And be it further enacted, That any person who shall fall trees or roll logs into or in any manner obstruct the navigation of the said river, shall be subject to a penalty of ten dollars for each and every offence, recoverable before any justice of the peace; and if either of the said offences shall be committed by a slave, he shall by order of such justice receive twenty-five lashes, well laid on, upon his bare back. 10. Provided nevertheless, That nothing in this act contained shall be so construed as to exact toll on articles or any species of produce put on board of any boat or vessel at or below Princeton, in the county of Northampton, in the state of North Carolina. 11. This act shall be in force from the passing thereof. 1, CHAP. LXXVIII. An Act concerning the Potomac Company.* [Passed January 11, 1811.] years, all preference in favor of the companyshall be forfeited. Penalties for obvigation. structing the na No tolls to be de manded on articles put on board at or below Princeton, in Northampton county, North Carolina, Commencement. E it enacted by the General Assembly, That the further Farther time of 3 Bite of three years, to be computed from the expiration of years allowed to See Appx. No. II. and Acts of 1807, ch. 45. complete the na |
