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 manner 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 affirma tion, 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 thereof shall 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 favor er affection, or any person grieve for hatred or malice or ill will:" And on their pro Duty of such juceeding to make the valuation, the jury is hereby directed to des- ry. cribe 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 clerk 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 conveyed by the owner thereof; and where it shall be necessary for the contemplated naviga tion that the company should affix locks to any mill dam, or to a- be affixed to any by race or canal, for the purpose of entering and navigating the mill dam, &c. jusame, that then if private negociation with the owner should fail, ry to be summona warrant shall be issued by two justices as aforesaid, directing ed in like mana sheriff to summon a jury in manner aforesaid, to whom, after meeting on the place in question, he shall administer the oath or Duty of such juaffirmation before directed; and they shall then proceed to make ry. 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 shall 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 li berty to affix locks to enter such canals, and using for either purpose such quantity of water as is absolutely necessary 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 directed, return the same to the clerk of his county, by him to be estered of record; and which shall vest the company in a com- piete and permanent right to make their locks to enter such dams

Where locks to

ner.

If further dama

ges arise, not

considered or valued by such jury, person injur

ed to have it assessed in like manner.

Certain quantities of land to be purchased for the purpose of erect ing toll-houses,

&c.

In case of disa

greement, &c.

such land to be valued by a jury

summoned in manner aforesaid.

Frovision for ca

ses where the im proved navigati on may interfere with persons desirous of erecting mills or other wa

ter works.

and canals, and to use what water is absolutely necessary for such purposes; and such canals shall ever after be considered and used as a part of the highway for the purpose of navigation: Provided nevertheless, That if any further damage shall arise to any proprietor of land. mills or other property, in consequence of every of the aforesaid improvements, other than was before considered and valued, or if the company or those in their service should lavishly use the water or otherwise carelessly or wantonly impede any mill or works, to the race or dam of which they may bave affixed 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 lies, 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.

12. And be it enacted, That the president and a majority of the directors are hereby aushorised to agree with the proprietors for the purchase of a quantity of land not exceeding one acre at or near the point of the fork of Culpeper, and one quarter of an acre at or near to every lock which they may erect on the said river or its branches, for the purpose of erecting toll houses and dwelling houses for those employed in their service; and in case of disagreement or of any of the disabilities aforesaid, or the proprietor being out of the state, then in that case such land may be valued, 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 er 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,

13. Be it enacted, That wheresoever the said navigation has any appearance of coming into adverse contact in any point or portion of the said river or its said two large branches, whereon the owner or owners may be desirous to erect dams and open water courses for the purpose of building mills or other water works for their own emolument, in that case, the said owner or owners shall 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, her or their 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 com plete lock er locks for the purpose of navigating boats over or through the same; but if in case the said proprietors or owners of said improveable points refuse or neglect to erect in due time, their said dams and water courses, and it is found by said compa by 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 partics, 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.

Not to be wilful

1. Be it enacted, That the water, and every part thereof con- Water to be used veyed through any canal already made, shall not be used by the by the company for no other pursaid company or any one holding under them, for any other purpose but naviga pose but for navigation, and that without wilfully and negligent- tion. ly wasting, at their locks, or any where else, any quantity of water arising more than is absolutely necessary for transporting ly or negligently 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 diand 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 contracts be accomplished to answer both the purposes of navigation and with the proprie. water works aforesaid, to endeavor to enter into private contract suitable for wawith the proprietor of such situations concerning the just propor- ter works, contion of the expense in widening such canals, and making them ca- cerning the just pable of conveying such quantities of water as may be sufficient proportion of the for the proposed navigation, and also for such water works as a- dening the ca. foresaid; and, in case of entire disagreement,

tors of situations

expense of wi

nals, &c.

be summoned in

15. Be it enacted, That the president and a majority of the In case of endirectors may, as authorised in the eleventh section of this act, tire disagreeobtain a warrant from two justices of the county wherein the ment, jury to premises in question may be, directing the sheriff to summon a manner aforejury, and with them, in like manner as before directed in said e- said. leventh section, proceed to consider all the circumstances and make out a report, which shall in like manner be returned by the sheriff to the clerk of his county, to be entered of record, and which shall be conclusive between all parties and persons therein concerned.

16. And be it further enacted, That during any extraordinary Navigation not to be permitted dry season, it shall not be lawful for the said company, or any unin very dry sea der their authority, without permission or licence first obtained of

M

sons without per- a majority of the owners of mills on any section of the said river mission from a or its branches, to navigate the same, so as to impede in any demajority of the owners of mills gree more or less the grinding of grain; from thence will arise the on any section of necessity of the said owners of mills and other water works, over which the navigation aforesaid must pass, to keep in good repair their dams and water courses;

the river or its branches.

Proviso, in case the owners of

mills, &c. fail to in good repair.

keep their dams

Warrant may be obtained from a ny justice of the

peace to 3 house

keepers to view the dam, and report, &c.

17. Be it therefore enacted, That whenever any owner of a mill or other water works, on any section of the said river or its branches, shall fail or neglect to keep his dam in good repair, properly tight and secure, so that, in times of approaching scarcity of water, none of considerable value shall escape or leak through it in waste, it may be lawful for the said company, or their agent properly authorised, to apply to any justice of the peace of any county within which the said dam or water course may lie, who shall issue his warrant to three respectable house-keepers not interested or related to either party, to view the same, who, being first duly sworn in the manner aforesaid, shall in presence of the said owner or owners, if he, she or they, or their agent will attend, of which they shall have reasonable notice, and, if in their opinion the said dam or water courses are not sufficiently tight, they, or any two of them shall report in writing from under their hands the true state of the case; and if in their said report the owner or If the dam be reowners of said mills are found to have neglected that essential ported out of repair, notice to be care and duty, and the said president and a majority of the direc given the owner. tors, or their said agent, shall serve the said owner or owners so neglecting, in the name of the said company, with a copy thereof, If he neglect it and if they do not within five days thereafter set about, with sufficient force, to make the necessary repairs, it may be lawful for the said president, and a majority of the directors, or their said agent, to procure labourers on reasonable hire to do and perform with all convenient expedition, what repairs appear necessary, and to keep a true and just account of the amount so expended thereon, and demand payment for the same; and if the said demand be not satisfied within the space of thirty days, in that case, the president and a majority of the directors, or their agent as aforesaid, may, if the sum does not exceed twenty dollars, apply to any jus tice of the peace within the county where the repairs were so performed, in order to recover payment, as the law in that case made and provided directs, who shall issue his summons, hear and determine the complaint, and proceed to give judgment and issue execution; and every proceeding thereon shall be had as the law of this commonwealth for sums not exceeding twenty dollars directs; But if the amount of the said expense of repairs shall exceed that sum, then the said agent may in the name of the said company, by motion in any court of record in this commonwealth, recover the amount of said expense of repairs, together with costs and interest thereon.

thereupon, the

president and directors may have

it repaired, at his

expense.

Mode of recovery of money expended by the president and di

rectors in such Cases.

Account to be

rendered of all

expenses, to every general meet ing.

Tolls to be reduced, if the pro

fits exceed 15

18. And be it enacted, That the said president and directors, or a majority of them, shall cause e true, accurate and just account of all expenses which they may necessarily be at in the improvement of the said navigation, of which it shall be their duty to make a fair statement up to every general meeting, in order that a discovery may be made of the profits resulting therefrom: And if it shall appear that the said profits exceeds fifteen per centum per annum, then in that case, the said president and directors shall lower the different tolls enumerated in this act proportionably, so that on the whole they shall not exceed the aforesaid profit: fail

ing to do that, they may be proceeded against in any court of re- per cent. per an cord, as in case of fraud.

num.

rules not repug

19. And be it enacted, That the said company at their general Company may meetings shall have power to constitute and make any rules and make bye laws & bye-laws for the regulation of their officers, the business, proceed- nant to the laws ings and transactions, which they may conceive necessary to car- of this state or of ry the same into effect, so that they are not repugnant to the laws the U. States. of this state or the United States.

20. And be it enacted, In any case where this act may not have General provisi on to supply any particularised what is absolutely necessary for carrying the said omissions in this navigation into effect, such as in some instances the necessity of act. bringing timber, stone and other materials through and of laying them down on lands bounding on the river, in order to carry them thence into the river for the construction of locks or other necessary works; and perhaps many things of similar and incidental nature may occur, which, although of minor consideration, may be absolutely essential to the work, are not particularised in this act, in all such cases the said company are hereby authorised to proceed as fully and effectually to all intents and purposes as if such further essential and absolutely necessary matter were more particularly expressed, described, granted and confirmed; but in every such case, where the proprietor of any land or property conceives himself or herself injured, they may have recourse to the remedy aforesaid by complaint to, and a warrant from two justices of the peace of the county, directed to the sheriff, to summon a jury, in manner as described in the eleventh section of this act, and similar proceedings shall be had thereon, in order to assess the damages so complained of, and whose report shall be conclusive.

21. This law shall commence and be in force from the passing Commencement. thereof.

CHAP. LXXV.

An Act Incorporating a Company for improving the Navigation of

1. BE

Rivanna River.

[Passed January 29, 1811.]

Commissioners

E it enacted by the General Assembly, That Nimrod Branham, Dabney Carr, John Watson, David Higinbotham, for receiving subWilliam Morris (of Taylor's creek) Thomas Poindexter, John scriptions to the amount of $8000. Timberlake, jun. James Currin, John B. Magruder and Samuel Ferguson, gentlemen, shall be, and they are hereby appointed commissioners to receive subscriptions to the amount of eight thousand dollars, for the purpose of improving the navigation of the Rivanna river, from the town of Columbia, in the county of Fluvanna, to the town of Milton, in the county of Albemarle. The subscriptions shall be made in person or by attorney legally authorised. The said books shall be opened for receiving sub- Books, where and scriptions, at Albemarle court-house, under the direction of Nim- when to be open. rod Branham and Dabney Carr; at Milton, under the direction of ed. John Watson & David Higinbotham ; at Louisa court-house, under the direction of William Morris (of Taylor's creek) and Thomas Poindexter; at Fluvanna court-house, under the direction of John Timberlake, jun. and James Currin; and at the Union mills (in Fluvanna county) under the direction of John B. Magruder and Samuel Ferguson; on the first Monday in March next, and shall continue open until the whole amount of the capital stock hereby allowed shall have been subscribed for.

As soon as two thousand How long to con dollars shall have been subscribed, there shall be a general meet- tinue open.