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scribers, when &

ing of the subscribers, at the Union Mills, of which meeting notice shall be given by advertising, at the before mentioned places for First general receiving subscriptions, at least thirty days before such meeting, meeting of sub- and the said meeting shall be adjourned from day to day, until the where to be held, business before them shall be completed. And the acting commissioners shall, at the time and place aforesaid, lay before such Commissioners of the subscribers as shall meet according to such notice the to lay the books books by them respectively kept, containing the state of the said meeting, and be. subscriptions. And it shall be the duty of the commissioners for fore each succes- the time being to lay the books of subscription before each suesive annual meet. cessive general meeting of the subscribers until the whole of the ing. capital stock shall have been subscribed for: The said capital sum shall be divided into eight hundred shares, of ten dollars each.

before such

chosen.

Manner of voting t general meet ings.

pointed.

Subscribers to he 2. And be it further enacted, That as soon as two thousand corporated by dollars shall be subscribed, the said subscribers, their heirs and the name of the Riva na River assigns, from the time of the said first meeting, shall be, and are Compay. hereby declared to be incorporated by the name of the Rivanna So to continue river company, and shall so continue until the first day of Januauntil the last of ry, in the year 1831, and no longer; and by the name and style aforesaid, may sue and be sued, plead and he impleaded, and have January 1831. President and 4 and enjoy all the privileges incident to a corporation; and such of directors to be the subscribers as shall be present at the said first meeting, or a majovity of them, are hereby empowered and required to elect a president and four directors, who shall continue in office for one year, and whose duty it shall be to conduct the said undertaking, and to manage all the said company's business and concerns, as the said subscribers or a majority of them shall think fit; and in counting the votes at the said first meeting, or at any subsequent general meeting of the said company, each member shall be allowed one vote for each share, not exceeding two shares; one other vote for every two shares thereafter, not exceeding ten shares; and one other vote for every five shares beyond ten, held Proxies, how ap. by him or her in the said company; and any proprietor by writing under his or her hand, executed before two witnesses, may depute any other member or proprietor to vote and act as proxy for him or her at any general meeting; and the said president and directors, or a majority of them, shall bave power, from time to time, as the wants of the company may require, to call upon the subseribers for such advance on their respective shares, as may be necessary, giving at least sixty days notice of the sum required, and the time and place of payment; and if any of the said proprietors shall refuse or neglect to pay their said proportions, (within thirty days after the same shall become due, as advertised,) the president and directors, or a majority of them, may sell at auction, and convey to the purchaser the share or shares of such delinquent proprie tor, giving ten days notice of such sale, by advertising as aforesaid; and after retaining the sum due, and charges of sale out of the money thereby made, they shall refund the overplus, if any, to the If the proceeds former owner; and if such sale shall not produce the full sum orof such sale be dered and directed to be advanced as aforesaid with the incidental very authorised, charges, the president and directors, or a majority of them may, in the name of the company, recover against such delinquent the balance due, and have execution for the same, with interest and costs: Provided, that in all cases where the said balance may exceed twenty dollars, the mode of recovery shall be by motion, ten days previous notice thereof being given, in any county, city or

President and directors may call for money from time to time.

Shares of delin quentsubscribers

may be sold.

by motion or

warrant.

of stock.

borough court of this commonwealth; and in all cases where the said balance shall amount to the sum of twenty dollars only, or shall be under that amount, it shall be recovered by warrant before any justice of the peace, in any county, city or borough of this commonwealth: and the 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. And any Mode of transfer proprietor may transfer his stock in the said company, or any part thereof, not being less than a whole share, the transfer to be made in the presence of the proprietor or his or her agent legally autherised, on the books of said company. In consideration of the expense which may be incurred by the said company in improving the navigation of the said river, and keeping the same open within the distance aforesaid, it shall and may be lawful for the said company to demand and receive, at such place as the said president and directors shall appoint, the following tolls and rates for navigating the same, that is to say; for every boat passing up or Rates of tolls. down, fully loaded, agreeably to the usages in loading in said river, one dollar and seventy-five cents; for every boat having on board three-fourths of a load, one dollar and thirty-three cents; for every boat having on board an half load, eighty-seven cents; and all boats having on board less than an half load, or empty, fifty cents each.

the office of pre

3. And be it further enacted, That from time to time, upon the Mode of supply. expiration of the said term, for which the said president and di- ing vacancies in rectors were appointed, the proprietors of the said company, at sident or direc the next general meeting, shall either continue the said president tor. and directors, or any of them, or choose others in their stead: and in case of the death, removal, resignation or incapacity of the president and directors, or of any of them, the said proprietors shall, in the manner aforesaid, elect any other person or persons to be president and directors, in the place of him or them so dying, removing or resigning.

4. And be it further enacted, That every president and diree- Oath or affirmati tor, before he acts as such, shall take an oath or make affirmation on required of president and di. for the due execution of his office.

rectors.

general meet

5. And be it further enacted, That the presence of proprie- Number of stocktors having a majority of the whole number of shares actually sub- holders necessa. scribed for, at the least, shall be necessary to constitute a general y to constitute a meeting; and that there shall be a general meeting of the compa- ing-which must ay, at the Union Mills, at least once in every year: and if a num- be at least once ber sufficient to constitute a general meeting should not attend on in every year. the day appointed, it shall be lawful for the proprietors who do attend to adjourn such meeting from day to day, until a general meeting of proprietors shall be had, which shall be continued from day to day, till the business of the company shall be finished; to which meeting the president and directors shall make report, and President and dirender distinct and just accounts of all their proceedings; and on rectors to render finding them fairly and justly stated, the proprietors then present, meeting of all or a majority of them, shall give a certificate thereof, a duplicate their proceedof which shall be entered on the said company's books. ings. 6. And be it further enacted, That no receiver of tolls shall demand or receive a greater sum than is herein allowed, under the Jenalty of five dollars for every boat, to the party aggrieved, to be ecovered, where the whole sum shall amount to more than tweny dollars, by motion, ten days previous notice thereof being given,

account to such

Penalty for demanding more than legal tolls: To be recovered by motion or warrant.

Mode of ascer

shall be lawful

ceive tolls.

in any county, city or borough court of this commonwealth, and where it shall amount to twenty dollars only, or shall be under that sum, by warrant before any justice of any county, city or borough of this commonwealth.

7. And be it further enacted, That as soon as the said compataining when it ny shall conceive that the navigation of the said river has been for the company completed, according to the true intent and meaning of this act, it to begin to re- shall give immediate notice thereof to the county courts of Albe marle, Louisa and Fluvanna, which said several courts are hereby authorised and required forthwith to appoint two fit and proper persons as commissioners, whose duty it shall be, or of a majority of them, to meet as soon thereafter as may be, having due regard to the lowness of the tide, in order the better to test the situation of the said river; and if upon their report it should appear that the clearing of the said river has been so far effected as by this act is required, it shall then, and not till then, be lawful for the said company to begin to demand and receive the tolls herein before mentioned.

Exact account to

be kept of all disbursements made by the company.

8. It shall be the duty of the company to keep an exact aecount of all their disbursements, with proper vouchers of the same, and when by the receipt of tolls, the principal and interest of all monies expended in carrying this act into effect shall have been reimbursed to the company, it shall be the duty of the seveCommissioners ral courts before named to appoint two persons as commissioners to be appointed to examine the accounts of the company; and if it shall appear to to examine their a majority of them by the report of said commissioners, having accounts. been entered of record, that the company has been fully reimbursed the principal and interest they may have expended in cleaning said river, they shall cease to demand or receive any tolls whatsoever from any boat navigating said river, and it shall be declared and considered as a public highway.

When principal and interest shall

have been reimbursed, the com

pany are to cease

to demand tolls.

If navigation again obstructed, company may clean out the

9. And be it further enacted, That if at any time thereafter, the navigation of the said river should become so obstructed as to require repair, it shall be the duty of the said company to clean out the same and in every such case, it shall be lawful for the same, and again said company again to demand and receive the toll hereby allowdemand tolls; & ed, but to such an amount only as will meet the expenses necessarily incurred in making the said repair; and, as soon as the said expences of the company shall have been reimbursed, the tolls shall again cease, and so on, upon every future like occasion, during the existence of the said company: Provided, that in every such case, the like proceedings shall be had, on the part of the company, and of the county courts of Albemarle, Louisa and Fluvanna, as are prescribed by the section of this act last preceding. 10. This act shall commence and be in force from the passing thereof.

so on, upon every future like occasion during the existence of said company.

Commencement.

Preamble.

CHAP. LXXVI.

An Act, to amend an Act, entitled an Act for regulating the Nvigation of James River, above the Falls of the said River.

WH

[Passed February 9, 1811.]

HEREAS it has been represented to the present genera! assembly, that the watermen navigating James river and its branches above the falls at Richmond, are daily in the practics

of committing depredations on the property of the inhabitants of the country bordering on each side thereof; for remedy whereof,

See R. Code 1st vol. p. 54.

1. Be it enacted by the General Assembly, That the governor, Inspectorof boats with the advice of council, shall appoint a fit person, who shall to be appointed reside at the upper locks of the James river canal, and be denomi- by the executive. nated Inspector of boats," whose duty it shall be to enforce the His duty. act, entitled "An act for regulating the navigation of James river above the falls of the said river," in every instance wherein the act has not been complied with according to its true intent and meaning. And it shall also be the duty of the said inspector to perform all necessary services to be performed at and near the said locks for enforcing this act. And he shall at all times be amenable to the executive for his conduct therein. Every person appointed inspector by virtue of this act shall, before he enters upon the execution of the said office, enter into bond with good To give bond & security, in the penalty of two thousand dollars, payable to the security. governor for the time being and his successors in office, with condition for the true and faithful performance of the duties of his office; which bond shall be recorded in the court of the county of

At all times amenable to the executive for his

conduct.

Not to become

recovery.

Henrico. And in the name of the governor, or his successors, How such bond any person or persons injured may and shall, at his, her or their may be put in costs and charges, commence and prosecute suits on such bond suit. against the parties therein bound, their executors or administrators, and shall and may recover all damages, which he, she or they may have sustained by reason of the breach of the condition of the bond. And such bond shall not become void upon the first recovery, or if judgment shall be given against any plaintiff or plain void upon the 1st tiffs who shall sue upon such bond, but may be put in suit and prosecuted from time to time, for the benefit, and at the proper costs and charges, of any party injured, until the penalty expressed in such bond shall be recovered. And every inspector shall also Oath to be taken. take an oath before the governor for the time being, or before the court of the county of Henrico, for the true and faithful performance of the duties of his office. And if any person shall presume to Penalty for actexecute the office of inspector before he shall have given bond and ing without givtaken such oath as aforesaid, he shall forfeit and pay fifty dollars. ing bond, &c. 2. No free negro or mulatto shall be allowed to carry on board of his boat any gun, rifle or other fire arms, under pain of forfeiting the same to the use of any white person, who may seize them, any law to the contrary notwithstanding; nor shall any owner of any slave permit him to carry such arms, under the like forfei

ture.

Free Negroes, Mulattoes, or slaves, not to carry fire arms on board boats, under pain of for

feiture.

Waterman of co

lour, found strol ling from his boat may be whipped;

Pro- if not going direct

3. If any waterman of colour be found strolling from his boat above the banks of the river or any of its branches, while on a trip up or down, and not at his usual place of abode, or at any place while loading, it shall be lawful for any person or persons to earry him before the nearest magistrate, who may cause him to be whipped with any number of lashes not exceeding twenty: vided, nothing herein contained shall be so construed as to prevent ly to and from a watermen from going directly to and from any spring for the pur- spring. pose of getting water: And provided always, that when any wa- May be released terman shall be ordered by any magistrate to receive any number from stripes by of lashes, he may release himself therefrom, by paying to the said paying two dol magistrate the sum of two dollars for the use of the poor of his County or corporation.

lars.

Penalty on water

for stealing or

trees, stealing

4. And if any waterman or watermen, being free, shall here men, being free, after be detected in stealing or burning rails or other wood alrea burning rails or dy cut, cutting locust or other trees, stealing grain of any kind, other wood alrea- live stock of any kind, or other thing whatsoever, and be convietdy cut cutting ed thereof before any justice of the peace having jarisdiction of grain, live stock the case, shall forfeit and pay to the owner of the property so stoof any kind, or o. len, cut or burnt, treble the value thereof, to be fixed by the judg ther thing. ment of the justice before whom such offender may be convicted, How recoverable. upon such evidence as to him shall be convincing; which justice is hereby required to issue execution, against the goods and chattels of the offender, in favor of the owner of any such stolen property, for the amount of such judgment and costs of prosecution, directed to any sheriff or constable, who shall execute and return the same, and be liable to the same remedies and fines for neglect Offenders more of duty as in case of other executions. And the said offender or over subject to offenders shall suffer such other pains and punishments as are by such other pun- law for such offences made and provided, But when the testimo

ishments as

are

perty so stolen,

of the poor.

such offence.

by law provided. ny of the owner of the property so stolen, cut or burnt, shall be neWhen testimony cessary to the conviction of the offender or offenders, the same of owner of pro- course shall be pursued, except that the forfeiture of three times &c. is necessary the value shall be paid to the magistrate who issued the executi to convict the of on or executions, for the use of the poor of his county or corpora fender, forfeiture tion: And when any slave or slaves shall be convicted of any or to be for the use either of the aforesaid offences, the owner of, or person hiring, the Penalties on the said slave or slaves shall forfeit and pay to the owner of the properowner of, or per- ty so stolen, cut or burnt, the full and equal value thereof, to be son hiring a slave ascertained and recovered against such owner or person hiring as convicted of any in the case of a free person, and the said slave or slaves shall reSuch slave to be ceive twenty lashes on his or their bare backs for the first offence, punished with 20 and for the second offence, the same forfeiture shall be incurred lashes for the first by such master or person hiring, and double the number of lashes that number for inflicted upon such offender; and for the third offence, as well as the second, and 3 for every succeeding offence, three times the said forfeitures shall times that num- be paid by such master or person hiring, and the same number of ber for the third lashes shall be inflicted as for the second offence. But when the testimony of the owner of the property, so stolen, cut or burnt, shall be necessary to the conviction of the said slave or slaves, the forfeitures shall be paid, as in the case of a free person, for the use of the poor.

offence, double

offence.

P'ersons loading

boat a manifest.

5. And be it further enacted, That all persons who shall bereboats to grant the after load any boat in whole or in part, shall grant to the head man head-man of the of the boat a manifest of such loading, giving a particular des To be delivered cription of the quality and quantity of each article, and whether to the inspector in bags, boxes, barrels, hogsheads, &c. and shall keep a copy of of boats before the said manifest ; and the sail head man of the boat shall deliver passing the locks. Inspector dili- to the said inspector of boats his manifest before he shall pass gently to examine through the said locks; and the said inspector shall diligently and every boat and minutely examine the said boats and compare the articles found on board with the manifest, which manifest shall be filed in the board with the said inspector's office; and if he shall find any article on board of manifest. any boat, not contained in the said manifest, the necessary provi To seize all arti- sions and furniture of the said boat excepted, he shall take from ed in such mani-on board all such articles into his custody, and advertise the same, giving a true description thereof for the space of six weeks in Toadvertise such some one of the public prints in Richmond, to be sold for cash: articles to be sold Provided, that perishable articles may be sold immediately for Perishable arti- cash, and advertised afterwards; And provided that owners of

compare the ar

ticles found on

cles not contain

fest.

for cash.

cles may be sold

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