1

CHAP.
LXXVIII.

1801

Proviso.

Continuance of officers.

Officers to take

for, and the said 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; Provided, that in case of the death of any stockholder, the neglect or refusal of his executor, administrator, or legatee, to make the payment that may be required as aforesaid, shall not have the effect to forfeit immediately the said share or shares held by the said stockholder in his life time, but the said executor, administrator or legatee, shall have one whole year next after the said death to make the payment required.

SECT. 5. And to continue the succession of the said president and directors, and to keep up the same number; 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, or chuse others in their stead, and in case of the death, removal, resignation or incapacity of the president or any of the said directors, may and shall in manner aforesaid, elect any other person or persons, to be president and directors in the room of him or them, so dying, removing or resigning, or becoming incapable, and may at any of their general 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.

SECT. 6. And be it enacted, That every presian oath for the dent and director, before he acts as such, shall take an oath or affirmation for the due execution of his office.

due execution

of his office.

form a ge.

&c. shall ren.

der accounts

SECT. 7. And be it enacted, That the presence Proprietors holding of proprietors having five hundred shares at the 500 shares, least shall be necessary to constitute a general necessary to meeting, and there be a general meeting of pro- neral meetprietors, on the first Monday of June in every ing. year, at such convenient place as shall be from Time of time to time appointed by the said general meet- meeting. ing; but if a sufficient number should not attend on that day, the proprietors who do attend on that day, may adjourn such meeting from time to time 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, at President, which meeting the president and directors shall make report, and render distinct and just accounts of their pro of all their proceedings, and in finding them fair- ceedings. ly and justly stated, the proprietors then present, or a majority of them, shall give a certificate thereof, 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 net 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.

poration.

SECT. 8. And be it enacted, That for and in Profits vest consideration of the expences the said stockholders ed in the cor will be at, not only in cutting the said canal, and other works, for opening the said navigation, but in maintaining and keeping the same in repair, the said canal works, with all their profits under the limitations aforesaid, shall be and the same are hereby vested in the said corporation forever; subject nevertheless to the condition hereafter

Y

СНАР. LXXVIII. w 1801

Rates of toll.

mentioned; and that it shall and may be lawful for the said president and directors, after the said canal shall be made navigable, to demand and receive the following tolls at such place or places in the canal as they may hereafter direct; provided that the whole toll received shall not amount to more than the rates fixed by this Act; that is to say:

Dols. Cts.

Every Pipe of Wine or French Brandy
Every Hogshead of Wine or Rum, or other Spirits
Every Hogshead of Tobacco

75

Every Hogshead of Beer, Cider, Rice or Molasses o
Every Barrel

And all other Casks or Kegs in proportion according
to the Quantity and Quality of their contents.

For Casks of Linseed Oil, same as Spirits

0

Every Bushel of Wheat, Peas, Beans or Flaxseed o
Every Bushel of Indian Corn or other Grain or Salt o
Every Barrel of Pork, Beef or Fish

Every Barrel of Flour

Every Ton of Hemp, Flax, Potash, Bar or

manufactured Iron

Every Ton of Pig Iron or Castings

Every Ton of Copper, Lead or other Ore, other

than Iron Ore

Every Ton of Stone or Iron Ore

Every Chaldron of Coals

0 30 0 20

}

2

1

er}

1

Pipe}

Every Hundred Barrel Staves, or Barrel Heading
Every Thousand Shingles two feet long or more
Every Thousand Shingles less than two feet long
Every Hundred Cubic Feet of Plank or Scantling 0 75
Every Hundred Cubic Feet of other Timber
Every Gross Hundred Weight of all other Com-
modities or Packages

Every Hundred Pipe or hogshead Staves, orPipe

or Hogshead Heading

And for all other commodities the same proportion, agreeably to the articles herein enumerated.

And every boat or vessel which has not commodities on board, to pay the sum of four dollars,

shall pay so much as, with the commodities on board will yield the sum aforesaid.

And every empty boat or vessel four dollars, except an empty boat or vessel returning, whose load has already paid the tolls affixed, in which case she shall repass toll free, Provided such boat or vessel shall return within thirty days after paying said tolls.

СНАР. LXXVIII.

1801

SECT. 9. And be it enacted, That in case of re- Penalty on perfusal or neglect to pay the toll at the time of offer- sons refusing to ing to pass through the said canal, and previous pay toll. to the vessel passing through the same, the collectors of the said tolls may lawfully refuse passage to such vessel; and if any vessel shall pass without paying the said toll, then the said collectors may seize such vessel where ever found, and sell the same at auction for ready money, which so far as is necessary, shall be applied towards paying said toll, and all expences of seizure and sale, and the balance, if any, shall be paid to the owner, and the person having the direction of such vessel shall be liable for such toll if the same is not paid by the sale of such vessel as aforesaid; Provided, that the said proprietors or a majority of them, Proprietors holding at least five hundred shares, shall have may lessen the full power and authority at any general meeting

tolls.

to lessen the said tolls, or any of them; Provided Proviso.
also, That the same rate of tolls shall be paid on
articles passing from Chesapeake to Delaware, as up-
on those paid from Delaware to Chesapeake.

SECT. 10. And be it enacted, That the said ca- Canal to be nal and the works to be erected thereon, in virtue of esteemed a public this act when compleated, shall forever thereafter highway. be esteemed and taken to be navigable as a public

СНАР. LXXVIII.

1801

President, &c.

may agree with the owners of lands for the

of,

But if the

owner is incapacitated to sell; then the clerk of the

high way free for the transportation of all goods, commodities or produce, whatsoever, on payment of the tolls imposed by this act; and no toll or tax whatsoever, for the use of the waters of the said canal and the works thereon erected, shall at any time hereafter be imposed by all or either of the said States, except as is herein after provided.

SECT. 11. And be it enacted, That it shall and may be lawful for the president and directors or a majority of them, to contract and agree, with purchase there the owner or owners of any land and tenements, for the purchase of so much thereof as shall be necessary for making, digging and perfecting so much of the said canal as may pass through this State, and of erecting and establishing all the necessary locks, works and devices, to such a navigation belonging, if they can agree with such owners; but in case of disagreement, or in case the owner thereof shall be a feme covert, under age, non compos mentis, or out of the State, or otherwise incapacitated to convey, then it shall supreme court, and may be lawful to and for the said president and directors, to apply to the clerk of the Supreme court of this State, for the county or counties through which the said canal is intended to pass, who upon such application, is hereby authorised, empowered, enjoined and required to issue one or more writ or writs as occasion shall require, in the nature of a Writ of ad quod damnum, to be directed to the Sheriff of the county in which such lands and tenements shall be, describing the same, and naming the owner thereof, and commanding the said Sheriff that, by the oaths or affirmations of twelve good and lawful men of his bailiwic, who shall be indifferent to the parties, he

&c.