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and she shall be accounted an empty boat, except she has as much on board her as will cause the toll thereof to amount to that sum, A boat or vessel returning, whose load as it descended has been H. for, on her return shall only pay for what she may have on oard at the above rates, and if empty, shall repass upwards toll Itemedy in case free. And in case of refusal or neglect to pay the toll at the time any vessel shall of offering to pass through any of the places appointed for reeeiv. É. .*P* ing toll, previous to the boat or vessel's passing through the same, ing the toll. - the collector of the said tolls may lawfully refuse passage to the said vessel; and if any vessel shall pass the said locks without paying the said toll, then the said collector or collectors may seize such vessel wherever found, and sell the same at auction for ready money, which so far as is necessary shall be applied to. wards paying the said toll and all expenses of seizure, and the balance (if any) shall be paid to the owner; and the person who had the direction of such vessel shall be liable for the said toll, if Toll, may reles the same is not punctually paid by the sale of such vessel as afore. sened by the said: Provided, that the said stockholders, or a majority of them stockholders or holding at least three hundred sharcs, shall have full power and i. o authority at any general meeting to lessen the said tolls, or any of shares. them, or to determine that any article shall pass toll free. in what manner - * .And be it enacted, That when the said navigation shall pro: a...." gress with proper improvements, either further up the aforesaid are to be obtain. branches of the said river, or any other of the branches not now deed by the compa- signated, that the company may by their agent apply to the counot ... ty court within whose jurisdiction said further improved streams in the navi- ". - - glū.” may be, and it shall be the duty of the said court to appoint five respectable and disinterested men, who, on examining the premises, shall allow for such further improved section or sections, such additional tolls as to them on due consideration shall appear just, and as near as they can estimate in proportion to the tolls before annexed; and on their making out a rate of said tolls, and returning it to the clerk of their county, to be by him reeor. ded, it then shall be lawful for the company to demand and colleet said further toll in manner and form of those in this act before granted. Triver and its 10. And be it enacted, That the said river and all its branches . . that shall be made navigable, and all the works that shall be econsidered pub- rected thereon by virtue of this act, shall, wheneompleted, forTic highway. ever thereafter be esteemed and taken to be navigable as a public highway, free for the transportation of all goods, commodities or produce whatever, on payment of the toll imposed by the authority of this act. Measures to be . ** Be it enacted, That as it is necessary for makig the said taken where the locks, canals and improvements, that provision shall be made for canals, &c. affect contingent instances, such as where the absolute necessity of maP*P*Perty king the aforesaid works, canals and improvements as well on the larger forks of the river as on the lesser improveable branches may come in collision with private property, that in every sueh case the president and a majority of the directors shall first endeavor to agree by private contract for the purchase thereof with the owner or owners of such land or other property, for the use thereof, or as much as is necessary for the said company to occupy or possess, and if all private negociation on the subjeet shall J. - fail, that then in such case, or if the owner shall be seme eovert, ury to be sum- * - - - - m.1. ... under age, non-compos, or out of the state, on application to two from two justices, justices of the county in which such land or property shall lie, the said justices shall issue their warrant to the sheriff of their county to summon a jury of twenty-four inhabitants of his county, of property and reputation, not related to the parties, or in any manher interested, to meet on the premises to be valued, on a day expressed in the warrant, not less than ten, nor more than twenty days thereafter; and the sheriff upon receiving such warrant shall forthwith summon the said jury, which shall consist of twelve at the least, and before entering upon the discharge of the duties hereby required of them, shall take the following oath or affirmation, to be administered by the sheriff; I do solemnly swear or affirm (as the case may be) that I will faithfully, justly and impartially value the lands or property, and all the damages the owner thereofshall sustain by the operation of the said improvements aceording to the best of my skill and judgment, and that in such valuation I will not spare any person for savor or affection, or any person grieve for hatred or malice or ill will:” And on their proceeding to make the valuation, the jury is hereby directed to describe the particular kind of property, or if land, to ascertain and describe the bounds thereof, and also to particularly describe any other matter or thing whereby the said navigable improvements may in their judgment injure or detrimentally affect the owner of said land or property; and agreeably to the value of the land or property, and to the injury it will cause the owner thereof, they shall make out a plain and distinct report of the sum which in their judgment the company ought to pay the owner for such land or property, or such damages as he may sustain; and which report shall be signed by at least twelve of the jury, and by the sheriff who shall return the same to the elerk of his county, by him to be entered of record, which shall be conclusive on all parties interested; and upon the payment of the valuation money by the presilent and directors, or their agent, to the proprietor of the land or property, or to his legal representative, the said company shall be seized in fee of such lands, property and privileges, as fully to all intents and purposes as if legally eonveyed by the owner thereof; and where it shall be necessary for the contemplated navigation that the company should affix locks to any mill dam, or to ahy race or canal, for the purpose of entering and navigating the same, that then if private negociation with the owner should fail, a warrant shall be issued by two justices as aforesaid, directing a sheriff to summon a jury in manner aforesaid, to whom, after meeting on the place in question, he shall administer the oath or affirmation before directed; and they shall then proceed to make out a fair and distinct report, stating the disadvantages that the said locks and water, for their purposes, and the use of the said canals, may be to the owners, and also the benefit that the said owners may probably derive from said improvements ; and after deliberate consideration of these things, and also the value of the earth, stone and gravel that may be taken for building said locks, they shail affix a sum to be annually paid by the said company as a rent for liberty of affixing their locks to such dams, and for liberty to affix locks to enter such canals, and using for eithcrpurpose such quantity of water as is absolutely neeessary for the purpose of navigating the river; which report shall be signed by at least twelve of the jury, and the sheriff, who shall, as before direcieti, return the same to the clerk of his county, by him to be e tered oi ree ord; and which shall west the couls any in a coin-Piete and we mauent right to uake ueir locks to enter such dams
Duty of such jury.
Where locks to be affixed to any mill dam, &c. jury to be summoned in like manher.
Duty of such jury.
and canals, and to use what watcr is absolutely necessary for such purposes; and such canals shall ever after be considered and used Iffrther dama. As a part of the highway for the purpose of navigation : Provigo arise, not ded mererilleless, That if any further damage shall arise to any proÇonsidered or va prietor of land, mills or other properly, in consequence of every loloy oil of the aforesaid improvements, other than was before considered . . .''... and valued, or if the company or those in their service should lasessed in like vishly use the water or otherwise carelessly or wantonly impede Inanner. any mill or works, to the race or dam of which they may have af. fixed their locks, it shall and may be lawful for such owner or proprietor, as often as such new damage may arise, by application to, and warrant from any two justices of the county where the property iies, to have such further damage valued in like manner, and to recover the same of the company. But nothing herein contained shall be taken or construed to enable the owner or proprietor of any such land or property, to recover compensation for any damages which may happen to mills or other water works which shall be begun or erected by such proprietor after such first valuation ; unless the same damage is wilfully or maliciously done by the said president and directors, or some person acting by their authority. Certain quanti: 12. Jond be it enacted, That the president and a majority of '...'... the directors are hereby aushorised to agree with the proprietors Purchased for the - j...'... for the purchase of a quantity of land not exceeding one acre at or ingtoll-houses, near the point of the fork of Culpeper, and one quarter of an acre &c. ... at or near to every lock which they may erect on the said river or o: sia. its branches, for the purpose of erecting toll houses and dwelling ox ’’ houses for those employed in their service; and in ease of disasuch land to be greement or of any of the disabilities aforesaid, or the proprietor valued by a jury being out of the state, then in that ease such land may be valued, summoned in - - - - .: *... ...id condemned, paid for, and the company seized with the title in manner as aforesaid, for the above purposes. And whereas some of the places through which it may be necessary to extend the said navigation may be in rapids convenent for erecting mills or other water works, and the possessors of such situations may contemplate to improve the same, it is not the intention of this act to destroy, impair or injure the value of private property in any instance whatever, but to make every property, in which the said improvements come in collision, of increased value:— Therefore, Provision for ca. 15. Be it enacted, That wheresoever the said navigation has *** where the in any appearance of coming into adverse contact in any point or * nortion of the said river or its said two large branches, whereon !... portion of the said river or its said tw § * with pejo. the owner or owners may be desirous to erect dams and open water sirous of coccting courses for the purpose of building mills or other water works for low- their own emolument, in that case, the said owner or owners shall orks. in due time before the said company's works approach such point, begin and erect his or her dam, and make such water courses for his, licr or thcir contemplated purposes, in whatever manner or form their interest may direct them, leaving the said company at liberty as in cases aforesaid, and under the same regulations, restrictions and mode of obtaining liberty so to do, to erect a coniplete lock cr locks for the purpose of navigating boats over or through the same ; but is in case the said proprietors or owners of said improveable points refusc or neglect to erect in due time, their said dams and watcr courses, and it is found by said compaby impracticable, or extremely difficult to pass the rapids of such place by any other method than that of erecting a strong dam at the lower part of such rapids, and to raise it so high as to eddy the current of the water there above, in that case the president and a majority of the directors shall endeavor to effect by private contract from the respective owners, one acre of land on each side of the said river or its branches, as the case may be, for abutments to join the ends of the same dam unto; and, failing all private negociation to effect the said business to mutual satisfaction, it shall in that case be lawful for the president and a majority of the directors, or their agent, to apply and receive from two justices of the county where the land may lie, who shall proceed in manner and form as prescribed in section the eleventh of this act; and if the said two acres shall lie in different counties, that is, one on each side of the river or branch, as the case may be, then in that case the same proceedings may be had in each of said counties; and upon every such valuation the jury is hereby directed to describe and ascertain the bounds of the land by them valued, and their valuation to be set forth in their report, signed by at least twelve of them, and by the sheriff or sheriffs, who shall, as in similar cases, return the said report or reports to the clerks of their respective county courts, to be recorded; and the valuation shall be conclusive on all parties, and shall be paid by the said president and directors, to the owner or owners of the said land, or his or her legal representative ; on payment thereof, the said company. shall be seized in fee simple of such land as fully as if legally conveyed by the owners thereof. 1 +. Be it enacted, That the water, and every part thereof con- water to be u--d veyed through any canal already made, shall not be used by the by the company said company or any one holding under them, for any other pur- !. pose but for navigation, and that without wilfully and negligent- i. 193. ly wasting, at their locks, or any, where else, any quantity of N, to be wilful water arising more than is absolutely necessary for transporting . *:::::::::: and conveying such boats of passage as may necessarily occupy the wasted. same without consent of the owners for the time being first had president and di. and obtained ; and the president and directors, or a majority of rectors may enter them, are hereby authorised, if it can on just and reasonable terms into contricts . lie accomplished to answer both the purposes of navigation and ... water works aforesaid, to endeavor to enter into private contract jo. with the proprietor of such situations concerning the just propor-ter works, con. tion of the expense in widening such canals, and making them ca-Serning the jo palole of conveying such quantities of water as may be sufficient rolfor the proposed navigation, and also for such water works as a- dening the ca. foresaid; and, in case of entire disagreement, nals, &c. 15. Be it enacled, That the president and a majority of the In case of endirectors may, as authorised in the eleventh section of this act, tire disagree: obtain a warrant from two justices of the county wherein the "...a premises in question may be, directing the sheriff to summon a ...". ..jury, and with them, in like manner as before directed in said e- said. ieventh section, proceed to consider all the circumstances and make out a report, which shall in like manner be returned by the s!, eriff to the clerk of his county, to be entered of record, and which shall be cenclusive between all parties and persons therein coacerned. 16..and be it further enacted, That during any extraordinary Nvigation.” - --- - ... ? , to - iii 1. --on- - - ... to be permittel dry season, it shall not be lawful for the said company, or any lin in very dry seader their authority, without permission or licence livst obtained of y dry