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of committing depredations on the property of the inhabitants of the country bordering on each side thereof; for remedy whereof, 1. Be it enacted by the General Assembly, That the governor, with the advice of council, shall appoint a fit person, who shall reside at the upper looks of the James river canal, and be denominated “Inspector of boats,” whose duty it shall be to enforce the act, efititled “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 security, in the penalty of two thousand dollars, payable to the governor for the time being and his successors in of ice, 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 Henrico. And in the name of the governor, or his successors, any person or persons injured may and shall, at his, her or their costs and charges, commence and prosecute suits on such bond 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 plaintiffs 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 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 execute the office of inspector before he shall have given bond and taken such oath as aforesaid, he shall forfeit and pay fifty dollars. 2. No free negro or mulatto shall be allowed to carry on board of his boat any gun, rille or other fire arms, under pain of forfeiting the same to the use of any white person, who may seize thern, any law to the contrary notwithstanding; nor shall any owner of any slave permit him to carry such arms, under the like forfeiture. 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 carry him before the nearest magistrate, who may cause him to be whipped with any number of lashes not exceeding twenty: Prorided, nothing herein contained shall be so construed as to prevent watermen from going directly to and from any spring for the purpose of getting water: , And provided always, that when any waterman shall be ordered by any magistrate to receive any number »flashes, he may release himself therefrom, by paying to the said magistrate the sum of two dollars for the use of the poor of his zounty or corporation.
At all times ame. ,
How such bond may be put in suit.
Not to become void upon the 1st recovery.
Oath to be taken.
Penalty for acting without giving bond, &c.
Free Negroes, Mulattoes, or slaves, not to carry fire arms on board boats, under pain of forfeiture.
Waterman of colour, found strolling from his boat may be whipped;
if not going direct ly to and from a spring.
May be released from stripes by paying two dollars.
Penalty on water- 4. And if any waterman or watermen, being free, shall here. o: after be detected in stealing or burning rails or other wood alrea. tion."...is ... (ly 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 convict*y cut ; cotting ed thereof before any justice of the peace having jurisdiction of o *:::::A; the case, shali forseit and pay to the owner of the property so sto#. j, or 0. len, cut or burnt, treble the value thereof, to be fixed by the judgther 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 o o ... offenders shall suffer such other pains and punishments as are by }...","... law for such offences made and provided. But when the testimo. by law provided, my of the owner of the property so stolen, cut or burnt, shall beneWhen testimony cessary to the conviction of the offender or offenders, the same ; o, o to. course shall be pursued, except that the forfeiture of three times %. is ... the value shal! 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 eorpora$oło tion: And when any slave or slaves shall be convicted of any or of the poor. cither of the aforesaid offences, the owner of, or person hiring, the i’enalties on the said slave or slaves shall forfeit and pay to the owner of the properowner of, or per-ty so stoich, cut or burnt, the full and equal value thereof, to be . o ..". ascertained and recovered against such owner or person hiring as ...” in the case of a free person, and the said slave or slaves shals resuch slave to be ceive twenty lashes on his or their bare hacks for the first offence; punished with 20 and for the second offence, the same forfeiture shall be incurred o by such master or person hiring, and double the number of lashes to."...no or 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 * o ". be paid by such master or person hiring, and the same number of ...“ “lashes shall be inflicted as for the seednd 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. Persons loading 5. And be it further enacted, That all persons who shall here. |..."; !. after load any boat in whole or in part, shall grant to the head man i..'..." 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 too,.. the said manifest; and the said head man of the boat shall deliver I o ji 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 an overy o * minutely examine the said boats and compare the articles found .."... on board with the manifest, which manifest shall be filed in the iod on the said inspector's office; and is he shall find any article on board's manifest. any boat, not contained in the said manifest, the necessary prook *::: o: sions and surniture of the said boat excepted, he shall take from ... in ... on board all such articles into his custody, and advertise the saino fest. giving a true description thereof for the space of six weeks in *ś. such some one of the pulsie prints in Richmond, to be sold for cash. i."** Provided, that perishable articles may be sold immediately so oble art. cash, and advertised afterwards; ind provided that owners" cles may bc sold
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 *...* afterarticles, if claimed before the sale, or the money arising from the 3...on provsale if claimed afterwards and before the end of the said space of ing their sight, six months, the said owner paying the expenses of advertising the may havo ch same: All monies arising from such sales, and remaining in the ..". so hands of the said inspector after the said space of six months, shall sale, ‘. Inobe by him paid into the public treasury for the use of the com-ney if claimed af. monwealth. terwards; paying o, And when any free negro or mulatto shall give a manifest ...” “ of any loading put on board of any boat, he or she shall obtain a Kotelim. certificate from some respectable white person, certifying the ed to be paid into truth of the manifest and his or her right to the property therein “o. mentioned; which certificate shall accompany the said manifest, mi. †: and the person granting such certificate shall keep a copy thereof manifest, to or 7. 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 too shall take on board any species of property for sale or transporta- o Willte 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 king.o.o.d ions the quantity and the particular kind of property so . ; *...; - certificate. 8. And be it further enacted, That in future every free water- Freewaterman, man who shall receive on board of his boat or other vessel, any embezzling proproduce, goods, wares or merchandize, and shall embezzle the Pool." same or any part thereofto the value offour dollars and upwards, "...'..."or shall be deemed guilty offelony; and upon conviction thereof be- lony, go o fore any court having competent jurisdiction, he shall suffer a fined in the Peni: confinement in the jail and penitentiary house for a term of not ...”.”.” less than one year, and not more than five years; and when the o: on":e produce, goods, wares or merchandize so embezzled shall be of years. less value than four dollars, the offender shall be deemed guilty Where the Pro: of petit larceny, and upon conviction thereof before any such court o, *::::: shall suffer as in other cases of petit larceny. Nothing herein i. foot. shall be construed as barring any person injured by such embez- the offence to bé zlement, from his or her right of civil action against such offen-Poo.
der or offenders. .*.*, o: 9. And be it further enacted, That where the said river or any ot .r.o." 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 os. . exercise the duties of their office, so far as relates to the detection i. or apprehending of watermen, on the said river, or either side peace officers of thereof. such counties
10....And be it further enacted, That the said inspector shall ... be entitled to demand and receive, as compensation for the servi- the river, or ei. ces 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 ...". . downward, and the sum of six cents for every other boat passing ows o downwards, and no more.
11: This act shall be in force from and after the first day of commencement, April next.
Jim Jict to Incorporate a Company for the purpose of Clearing out and rendering JN'avigable Meherrin River.
[Passed February 12, 1811.]
Preamble. 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 ma. ny 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 im. powered 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 aet, eno titled, “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 le. gislature of this state; No restriction, 1. Be it enacted by the General.ossembly, That no restriction, *"...i ... duty or impost shall be laid on any commodity which is the ... "...so 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 ... *::::: that the waters of the said river, and all its branches, as far as the of it brancies y 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 except tolls for for the purpose of raising revenue: but nothing herein contained the Popo of shall be so construed as to prevent the imposition of tolls for the * ** purpose of improving the navigation of the said river. 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; ...” under the management of John M. Walker and Lewis Dupree, in i the county of Greensville; and James Gee and Richard Blount, 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 re*. to: ceiving subscriptions on the first day of April next, and continued ...” “open until the first day of April, one thousand eight hundred and thirteen if necessary; but as soon as three thousand dollars are ...go onest subscribed, the acting commissioners shall call a general meetin ohere of the subscribers at the tavern of John Avery, in the county o Greensville, or at such other place as a majority of the subscriNotice to be gi-bers may determine, of which, notice shall be given by the said yen 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, scribers. lay before such of the subscribers, as shall meet according to the
said notice, the books by them respectively kept, containing the
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 subscri- List of all subbers, with the sum subscribed by each shall be made out and re-oooooo- - - - e corded in the su. turned by the said commissioners, under their hands, into the su- . . . perior court of law, holden in and for the county of Greensville, iaw 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 §: *. ten - - - * * - - usand dollars by the said commissioners, or a majority of them, by beginning ji. at and striking off from the largest subscription or subscriptions, subscription toba 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 subseriptions made in consequence of this .", act shall be void. * * 3. 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 sub: said subscribers, their heirs and assigns, from the time of their . *::::: first meeting shall be, and they are hereby declared to be incorpo- j, 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 navigaand be impleaded, before any court of record in this common- ošice. wealth, and may elect and appoint a president, directors, treasur-, jo. 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 oy or. to be conducting the said navigation as they shall think proper, for the o, to conterm of one hundred and ninety nine years: Provided, they shall tino for the term not be repugnant to, or inconsistent with the laws and constitution of 199 years. of this state or the United States. 4. and be it further enacted, That it shall be lawful for the Bates of tolls. 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