1784.

APPENDIX.

451

fucceffors by legal conveyance. Provided nevertheless, That if any farther damage fhall arife to any proprietor of land in confequence of opening fuch canal, or in erecting fuch works, than had been before confidered and valued, it fhall and may be lawful for fuch proprietor, as often as any fuch new damage fhall happen, by application to, and a warrant from any two Ju tices of the Coun ty where the lands lie, to have fuch further damage valued by a Jury in like manner, and to receive and recover the fame of the faid Prefident and Diretors: But nothing herein fhall be taken or construed to entitle the proprietor of any fuch land to recover compenfation for any damages which may happen to any mills, forges, or other water-works, or improvements, which fhall be begun or erected by fuch proprietor after fuch first valuation, unless the faid damage is wilfully or maliciously done by the faid Prefident and Directors, or fome perfon by their authority.

XII. AND be it enacted, That the faid Prefident and Directors, or a majority of them, are hereby authorized to agree with the proprietors for the purchafe of a quantity of land, not exceeding one acre, at or near each of the faid places of receipt of tolls aforefaid, for the purpose of erecting neceffary buildings; and in cafe of difagreement or any of the difabilities aforefaid, or the proprietor being out of the State, then fuch land may be valued, condemned and paid for as aforefaid, for the purpofe aforefaid, and the faid Company thall, upon payment of the valuation of the faid land, be feized thereof in fee-fimple, as aforefaid. AND WHEREAS, fome of the places through which it may be neceffary to conduct the faid canals may be convenient for erecting mills, forges, and other water-works, and the perfons poffeffors of fuch fituation may defign to improve the fame, and it is the intention of this At not to interfere with private property, but for the purpofe of improving and perfecting the faid navigation:

XIII. BE it enated, That the water or any part thereof, conveyed through any canal or cut made by the laid Company, thall not be used for any purpote but navigation, unless the confent of the proprietors of the land through which the fame fhall be led, be firft had, and the faid Prefident and Directors, or a majority of them, are hereby empowered and diretted, if it can be conveniently done, to anfwer both the parpoles of navigation and water-works afore-. faid, to enter into reasonable agreements with the proprietors of fuch fituation, concerning the juft proportion of the expenfes of making large canals or cuts capable of carrying fach quantities of water as may be fufficient for the purpofes of navigation, and allo for any fuch water-works as aforefaid.

XIV. AND be it enacted, That it fhall and may be lawful for every of the Shares transferrable. faid proprietors to transfer his fhare or thares, by deed, executed before two witneffes, and registered after proof of the execution thereof in the faid Company's books, and not otherwife, except by devife, which devife shall also be exhibited to the Prefident and Diretors, and registered in the Company's books, before the devifee or devifees fhall be entitled to draw any part of the profits from the faid tolls. Provided, That no transfer whatsoever shall be made, except for one or more whole fhare or shares, and not for part of fuch thares, and that no fhare hall at any time be fold, conveyed, transferred or held in truit, for the use and benefit, or in the name of another, whereby the faid Prefident and Directors or proprietors of the laid Company, or any of them, hali or may be challenged or made to answer, concerning any fuchtruit, but that every fuch perfon appearing as aforesaid, to be a proprietor, hall, as to the others of the faid Company, be to every intent taken abfolutely as fach; but as between any trustee and the perfon for whofe benefit any truft shall be created, the common remedy may be purfued. AND WHEREAS, it hath been reprefented to this General Affembly, that fundry perfons are willing and defirous, on account of the great public advantages and improvement their eitates may receive thereby, to promote and contribute towards fo uteful an undertaking, and to fubfcribe fums of money to be paid on condition the faid works are really completed and carried into execution, but do not care to run any risk, or defire to have any property therein :

XV. BE it therefore enacted, That the faid Prefi lent and Directors fhal: be, and are hereby empowered to receive and take in tubicriptions, upon the faid condition, and upon the faid works being completed and carned into execution, according to the true intent and ineining of this Act, that it shall aid may be lawful for the faid Prefident and Directors, or a majority of the n, in cule of refufal or neglect of payment, in the name of the Company as aforefaid, ta fue

Subfcriptions in aid o be received by Prefi dent and Directors.

1874.

Capital of the Comps ay may be increased.

Conditions on which

for and recover of the faid fubscribers, their heirs, executors or administrators, the fums by them refpectively fubfcribed, by action of debt, or upon the cafe, in any Court of Record within this State.

XVI. AND be it enacted, That if the faid capital, and the other aids already granted by this Act, thail prove infutficient, it shall and may be lawful for the faid Company, from time to time, to increase the faid capital by the addition of fo many more whole fhares, as fhall be judged neceffary by the faid proprietors or a majority of them, holding at least three hundred shares, prefent at any general meeting of the faid Company. And the faid Prefident and Directors, or a majority of them, are hereby empowered and required, after giving at leaft one month's notice thereof in the Maryland and Virginia Gazettes, to open books at the before-mentioned places, for receiving and entering fuch additional fubfcriptions, in which the proprietors of the faid Company, for the time being, fhall, and are hereby declared to have the preference of all others for the firit thirty days after the faid books fhall be opened as aforefaid, of taking and fubfcribing for fo many whole fhares as any of them (hall choofe. And the faid President and Directors are hereby required to obferve in all other refpects the fame rules therein, as are by this Act prefcribed, for receiving and adjusting the first fubfcriptions and in like manner to return, under the hands of any three or more of them, an exact list of fuch additional subscribers, with the fums by them refpectively fubfcribed, into the General Courts, as aforefaid, to be there recorded, and all proprietors of fuch additional fums, thall, and are hereby declared to be, from thenceforward, incorporated into the faid Company.

XVII. AND it is hereby declared and enacted, That the tolls herein before tolls are made payable. allowed, to be demanded and received at the neareft convenient place below the mouth of the South Branch, are granted, and fhall be paid on condition only, That the faid Potowmack Company fhall make the river well capable of being navigated in dry feafons, by veffels drawing one foot water from the place on the North Branch, at which a road fhall fet off to the Cheat River, agreeably to the determination of the Affemblies of Virginia and Maryland, to and through the place which may be fixed on, below the mouth of the South Branch, for receipt of the tolls aforefaid; but if the faid river is only made navigable as aforefaid, from Fort-Cumberland, to and through the faid place below the mouth of the South Branch, then only two-thirds of the faid tolls shall be there received. That the tolls herein before allowed, to be demanded and received at or near Payne's Falls, are granted and fhall be payable on condition only, that the faid Potowmack Company fhall make the River well capable of being navigated in dry feasons, by veffels drawing one foot water, from the said place of collection, near the mouth of the South Branch, to and through Payne's Falls as aforefaid. That the tolls herein before allowed to be demanded and received at the Great Falls, are granted, and shall be payable on condition only, that the said Potowmack Company shall make the river well capable of being navigated in dry feafons, from Payne's Falls to the Great Falls, by veffels drawing one foot water, and from the Great Falls to tide water, and shall at or near the Great Falls make a cut or canal, twenty-five feet wide, and four feet deep, with fufficient locks, if neceffary, each of eighty feet in length, fixteen feet in breadth, and capable of conveying veffels or rafts drawing four feet water at the least, and shall make at or near the Little Falls fuch canal and locks, if neceffary, as will be fufficient and proper to let veffels and rafts aforefaid, into tide water, or render the said river navigable in the natural course.

Charter, how forfeit
Abic.

XVIII. AND it is hereby provided and ena Zed, That in case the said Company shall not begin the faid work within one year after the Company shall be formed, or if the navigation shall not be made and improved between the Great Falls and Fort-Cumberland, in the manner herein before mentioned, within three years after the faid Company fhall be formed, that then the said Company shall not be entitled to any benefit, privilege, or advantage, under this Act: And in cafe the faid Company fhall not complete the navigation through and from the Great Falls to tide water as aforefaid, within ten years after the faid Company shall be formed, then fhall all interest of the faid Company and all preference in their favor, as to the navigation and tolls, at, through, and from the Great Falls to tide water, be forfeited and cease.

XIX. AND be it enacted, That all commodities of the produce of either of the faid States, or of the Western Country, which may be carried or tranfported through the faid locks, canals, and river, may be landed, foid, or other wife difpofed of, free from any other duties, impofitions, regulations, or reftric