be so ordered and advertised, as aforesaid, the said president and directors, of a majority of them, may sell at auction, and convey to the purchaser, the share or shares of such proprietor so refusing or neglecting payment, giving at least one month's notice of the sale in the VirginiaGazette; and after retaining the sum due, and charges of sale out of the money produced thereby, they shall refund and pay the overplus, if any, to the former owner; and if such sale shall not produce the full sum ordered and directed to be advanced, as aforesaid, with the incidental charges, the said president and directors, or a majority of them, may, in the name of the company, sue for and recover the balance May sue for deficiencies by action of debt, or on the case; and the said purchaarising on ser or purchasers, shall be subject to the same rules and sales. regulations, as if the said sale and conveyance had been made by the original proprietor. And to continue the succession of the said president and directors, and to keep up the same number;

officers.

Election of VI. Be it enacted, That from time to time, upon the expiration of the said term, for which the said president and directors were appointed, the proprietors of the said company, at the next general meeting, shall either continue the said president and directors, or any of them, Vacancies or choose others in their stead; and in case of the death, supplied. removal, resignation, or incapacity of the president, or any of the said directors, may and shall, in the manner aforesaid, elect any other person or persons, to be president and directors, in the room of him or them so dying, Officers how removing, or resigning; and may at any of their gen removed. eral meetings, remove the president or any of the directors, and appoint others for and during the remainder of the term, for which such person or persons were at first to have acted.

Oath of office

VII. And be it enacted, That every president and director, before he acts as such, shall take an oath or af firmation, for the due execution of his office.

Meetings of VIII. And be it enacted, That the presence of prothe company prietors, having one hundred shares at the least, shall be necessary to constitute a general meeting; and that there be a general meeting of proprieters on the first Monday of October, in every year, at such convenient town as shall be, from time to time, appointed by the said general meeting; but if a sufficient number should not attend on that day, the proprietors who do attend

may adjourn such meeting from day to day, till a general meeting of proprietors shall be had, which may be continued from day to day, until the business of the company is finished, to which meeting, the president and directors shall make report, and render distinct and just accounts of all their proceedings; and on finding them fairly and justly stated, the proprietors then present, or a majority of them, shall give a certificate there of, a duplicate of which shall be entered on the said company's books; and at such yearly general meetings, after leaving in the hands of the treasurer such sum, as the proprietors, or a majority of them, shall judge necessary for repairs and contingent charges, an equal dividend of all the neat profits arising from the tolls hereby granted, shall be ordered and made, to and among all the proprietors of the said company, in proportion to their several shares; and upon any emergency in the interval between the said yearly meetings, the said president, or a majority of the said directors, may appoint a general meeting of the proprietors of the said company, at any convenient town, giving at least one month's previous notice in the Virginia Gazettes, which meeting may be adjourned and continued as aforesaid.

mon.

Declared real

estate.

IX. And be it enacted, That for and in consideration vested in the Property of the expences the said proprietors will be at, not only holders of in the cutting the said canals, erecting locks, and other shares, as ten works for opening the different falls of the said river, ants in comand in improving and extending the navigation thereof, but in maintaining and keeping the same in repair, the said canals and works, with all their profits, shall be, and the same are hereby vested in the said proprietors, their heirs, and assigns, for ever, as tenants in common, in proportion to their respective shares, and the same shall be deemed real estate, and be for ever exempt from payment of any tax, imposition, or assessment whatever; and that it shall and may be lawful for the said. president and directors, at all times forever hereafter, to demand and receive, at the most convenient place, at or near the falls between Westham and tide water, tolls according to the following table of rates, to wit: In Dollars, and parts of a Dollar. Parts of a Dollar..

Every pipe or hogshead of wine, containing more than 65 gallons,

Every hogshead of rum or other spirits,

45-72nds.

36-72nds.

Exempt from taxations.

Tolls.

Every hundred cubic feet of other timber, Every gross hundred weight of all other commodities or packages,

15-288ths.

Every boat or vessel, which has not commodities on board, to yield so much; provided that an empty boat or vessel returning, whose load has already paid at the respective places, the sums fixed at each, shall repass toll free. 1 3-72nds. Which tolls may be discharged in foreign gold or silver coin of the present fineness, at the present rates: But if any of the coin aforesaid, should hereafter be rendered less valuable than they are at present, either by lessening their weight, or therewith adding a greater quantity of alloy than is in them respectively at present,

be refused.

then so much of any of the said coins, the value of which is so reduced, to be received for the tolls aforesaid, as is equal in value to the said coins in their present state of fineness and weight, shall be payable for the said tolls, at their reduced value only. And in case of refusal or ne- In case of reglect to pay the toll at the time of offering to pass fusal to pay through any of the said places, and previous to the ves- toll, passage sel's passing through the same, the collectors of the said to vesselsmay tolls may lawfully refuse passage to such vessel; and if any vessel shall pass through without paying the said toll, then the said 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 may beseized towards paying the said toll, and all expences of sei- and sold. zure, and the balance (if any) shall be paid to the owner; and the person having the direction of such vessel, shall be liable for the toll, if the same is not paid by the

Or vessel

sale of such vessel, as aforesaid. Provided, That the Tolls may be said proprietors, or a majority of them, holding at least reduced. three hundred shares, shall have full power and authority, at any general meeting, to lessen the said tolls, or any of them, or to determine that any article may pass free of toll.

X. And be it enacted, That the said river, and the works to be erected thereon in virtue of this act, when completed, shall forever thereafter, be esteemed and taken to be navigable as a public highway, free for the transportation of all goods, commodities, or produce whatsoever, on payment of the tolls imposed by this act; and no other toll or tax whatever, for the use of the water of the said river, and the works thereon erected, shall, at any time hereafter, be imposed: And whereas, it is necessary for the making the said canal, locks, and other works, that a provision should be made for condemning a quantity of land for the purpose.

River and

works to be deemed a public high

way.

lands.

XI. Be it enacted, That it shall and may be lawful, Cempanymay for the said president and directors, or a majority of purchase them, to agree with the owners of any land, through which the said canal is intended to pass, for the purchase thereof; and in case of disagreement, or in case the owner thereof shall be a feme covert, under age, non compos, or out of the state, on application to any two justices of the county in which such land shall lie, the said Vot. xr. H 3

condemned

by a jury.

Or,have them justices shall issue their warrants under their hands, to the sheriff of their count y, to summon a jury of twentyfour inhabitants of his county of property and reputation, not related to the parties, nor in any manner interested, to meet on the land to be valued, at a day to be expressed in the warrant, not less than ten, nor more Proceedings than twenty days thereafter; and he sheriff upon recei

thereon.

ving the said warrant, shall forthwith summon the said jury, and when met, provided there be not less than twelve, shall administer an oath or affirmation to every juryman that shall appear; "That he will faithfully, justly, and impartially, value the land, (not exceeding in any case the width of one hundred and fifty feet) and all damages the owner thereof shall sustain by the cutting the canal through such land, according to the best of his skill and judgment, and that in such valuation, he will not spare any person for favor or affection, nor any person grieve for hatred, malice, or ill will." And the inquisition thereupon taken, shall be signed by the sheriff, and some twelve or more of the jury, and returned by the sheriff to the clerk of his county, to be by hinr recorded: 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 shall be conclusive on all persons, and shall be paid by the said president and directors, to the owner of the land, or his legal representative; and on payment thereof, the said company shall be seized in fee of such land, as if conveyed by the owner thereof to them, and their successors, by legal conveyance. Provided nevertheless, Purther dam- That if any farther damage shall arise to any propriecompensated, tor of land, in consequence of opening such canal, or

ages, how

in erecting such works, than had been before considered and valued, it shall and may be lawful for such proprietor, as often as any such new damage shall happen, by application to, and a warrant from, any two jutiées of the county where the lands lie, to have such farther damage valued in like manner, and to receive and recover the same of the said president and directors. But nothing herein shall be taken or construed to entitle the proprietor of any such land to recover compensation for any damages which may happen to mills, forges, or other works or improvements which shall be begun or erected by such proprietor, atter such first valuation, unless the same damage is wilfully or maliciousiy done