CHAP. 103.-An ACT for improving the navigation of James river. (Passed January 23, 1804.) Whereas it will be of great public utility, to deepen the channel Preamble. of James river, and clear away obstructions therein, so that ships and other vessels that carry between two hundred and fifty and three hundred tons, may deliver and receive their cargoes at Rockets landing; and also to remove the obstructions from Rockets landing to the Rock landing near colonel John Mayo's bridge, so that vessels that draw about seven feet water may deliver their cargoes and reload at the said last mentioned landing : scriptions. 1. Be it therefore enacted by the general assembly, That books Managers appointshall be opened in the city of Richmond, on the first day of Febru- ed to receive subary next, under the management of Philip N. Nicholas, Joseph Selden, doctor John Adams, Joseph Gallego, Robert Burton, James Brown, William Mitchell, John Henry, Henry S. Shore, Robert Pollard, Samuel Myers, William Du-Val, Miles Selden and Gervas Storrs, for receiving subscriptions for the purpose of deepening the channel of the said river, and removing the obstructions therein. The subscriptions shall be made personally, or by power of attorney, and shall be in current money. 2. The capital subscribed shall be fifty thousand dollars, and shall Capital. be divided into five hundred shares, of the value of one hundred dollars each. have a meeting. 3. So soon as one half of the said capital shall be subscribed, the Subscribers to managers before named, shall by advertisement in one of the newspapers of the city of Richmond, call a general meeting of the subscribers, at the said city. The subscribers who are present at the To elect a presísaid meeting shall choose a president and four directors, and there- dent and directors. after the subscribers, their heirs and assigns, shall be incorporated into a company by the name of "The Richmond James River Com- Company incorpopany," and by that name may sue and be sued. rated. of the president 4. The president and directors shall continue in office for one Powers and duty year, and from thence until the next meeting of the company, and and directors. they, or a majority of them, shall have power to receive subscriptions until the capital is compleated; to contract with any person on behalf of the company for deepening the channel of said river, and taking away the obstructions therein. From Warwick to Rockets landing, the said channel is to be made fourteen feet deep at common tide water; and from Rockets landing to the said Rock landing, the said channel is to be seven feet deep at common tide water; and for keeping the same open; and they are authorized to blow up rocks above and below the mills of David Ross, which are in the river, but not thereby to injure his mill canal, and to erect a dam of stone, if necessary, to abut and be adjoined to colonel Mayo's island, which lies near to the said Rock landing, in such a direction as the president and directors, or a majority of them, may deem expedient for the public good; but the said stone dam is not to be raised more than two feet above the common water in that part of the said river, so that the ancient course of that part of James river, which is said to have been injured by the taking away and the blowing of the rocks, may be restored to its former direction, by the Rock landing. The president and directors, or Treasurer and a majority of them, shall have power to appoint a treasurer, clerk, pointed. clerk may be apand such other officers as they may deem necessary for the service of the company; to call a meeting when expedient; to receive the Proviso. Mode of collecting the amount subscribed. sum subscribed, and to transact all the other business and concerns of the company: Provided always, That the treasurer shall give bond in such penalty and with such security as the president and directors, or a majority of them, shall direct, for the true and faithful discharge of his office; and that he shall enter all transactions of the money or other things which may come into his hands respecting his office, in a book or books, and all payments and disbursements, which he is to have fairly stated, and to lay the same before the president and directors, or a majority of them, when required; and if he misapplies the money, or any thing committed to his charge, the president and directors, or their successors, on giving ten days previous notice to him and his securities, his or their heirs, .executors or administrators, may obtain judgment thereon in any court of record in this commonwealth, for the amount of his bond, to be discharged with what may be due, with interest and costs; or may sue thereon at common law, and execution shall issue thereupon as against sheriffs who are defaulters to the commonwealth; and that no officer in the said company shall have any vote in the passing or settling his own account. 5. That the president and directors and their successors, or a majority of them, shall have full power and authority from time to time, as money shall be wanted, to make and sign orders for that purpose, and direct at what time and in what proportion the proprietors shall advance and pay off the sums subscribed; which orders shall be advertised at least one month in one of the newspapers of the city of Richmond; and they are hereby empowered and authorized to demand and receive of the several proprietors from time to time, the sums of money so ordered to be advanced for carrying on the works, for clearing and deepening the bed of the said river, and removing obstructions therein, and executing or repairing and keeping open the channel of the said river as aforesaid, until the sum subscribed shall be fully paid, and to order the sums to be put into the hands of the treasurer, to be by him disbursed and paid out, as the president and directors, or a majority of them, shall order and direct; and if any of the said proprietors shall refuse or neglect to pay their said proportions, within one month after the same shall be ordered and advertised as aforesaid, the president and directors, or a majority of them, may sell at auction and convey to the purchaser the share or shares of such proprietor so refusing and neglecting payment, giving one month's notice of the sale in one of the newspapers for the city of Richmond, and after retaining the sum due and charges of sale out of the money produced thereby, they shall refund the overplus, if any, to the former owner; and if such sale shall not produce the full sum ordered and directed to be advanced, with interest thereon, with the incidental charges, the president and directors, or a majority of them, may, in the name of the company, obtain a judgment, on motion, in any court of record in this commonwealth, against such delinquent for the balance due, and award execution for the same, with interest and costs; 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 to continue the succession of the said president and directors, and to keep up the same number. be transferred. 6. And it is enacted, That it shall and may be lawful for every How shares may of the said proprietors to transfer his share or shares by deed executed before two witnesses, and registered, after proof of the execution thereof, in the said company's books, and not otherwise, except by devise, which devise shall also be exhibited to the president and directors, and registered in the company's books before the devisee or devisees shall be entitled to draw any part of such profits from the said tolls: Provided, That no transfer shall be except of Proviso. one or more whole shares, and that no share shall at any time be sold, conveyed, transferred, or held in trust for the use and benefit, or in the name of another, whereby the said president and directors, or proprietors of the said company, or any of them, shall or may be challenged or made to answer concerning any such trust; but that every person appearing as aforesaid to be a proprietor, shall, as to the others of the said company, be, to every intent, taken absolutely as such, but as between any trustee and the person for whose bencht any trust shall be created, the common remedy may be pursued. mode of obtaining houses. 7. That the said president and directors, or a majority of them, Necessary rules to are hereby authorized to make rules and regulations for the better be adopted, and management of the affairs of the said company, and are hereby au- land for toll thorized to agree with the proprietors for the purchase of a quantity of land not exceeding two acres, at or near the places of receipt of tolls, for the purpose of erecting necessary buildings; and in case of disagreement or coverture, infancy of the proprietor, or the proprietor's being out of the state, then such land may be valued by a jury, condemned and paid for by the president and directors, who are authorized to obtain from the county court of Henrico, or from the district court held at the capitol in the city of Richmond, a writ or writs of ad quod damnum, to be executed as in other cases of a similar nature. The inquisition er inquisitions being returned and recorded in the office from whence the writ issued, on the payment as aforesaid, shall vest the fee simple estate in the lands condemned in the president and directors, and their successors, for the use and benefit of the said company. 8. There shall be a meeting of the said company on the first Annual meetings. Monday in every year, at which members or their proxies, having one hundred and fifty shares, shall be present; but at any interme`diate meeting members or proxies, having one hundred shares, shall be sufficient. If on the first day a sufficient number of members shall not attend, the meeting may be adjourned from day to day until a sufficient number attends. In counting the votes, each member shall be allowed one vote for every share as far as ten shares, and one vote for every five shares after ten shares. And the said Powers and duty company at their annual meeting may call upon the president and of the annual directors for an account of their proceedings and contracts, and of the money received and disbursed by them, and may allow them a sum for their services; may displace the said president and directors or any of them; may lower the tolls hereafter allowed them, and exempt any vessel from the payment thereof; and shall, after leaving a sufficient sum for the expenses attending repairs and other contingent charges, make an equal dividend of nett profits arising from tolls amongst themselves according to their respective proportions. meeting. 9. In consideration of the expenses which may be incurred by Rates of tolls. the said company in deepening the bed of the said river and keep Proviso. Penalty for not paying tolls. Regulations of the river subject to the laws of this state ing the same open, the members of the said company, their heirs and assigns, shall be entitled to the tolls hereinafter mentioned forever, as tenants in common, in proportion to their respective shares, and the same shall be deemed real estate, and be forever exempt from the payment of any tax or imposition whatever. It shall and may be lawful for the said company to demand and receive at the place called Warwick on James river, or at such other place as the president and directors shall appoint, tolls from vessels drawing five feet water and upwards, for their passage by or through the said places, at the rate of six cents per ton; which tolls are rated in money, and may be discharged in gold or silver coin at their current value. The tolls herein before mentioned shall be paid on condition only that the said river shall in any season admit vessels drawing thirteen feet water from Warwick to Rockets landing, and from Rockets landing to the said Rock landing, a little below colonel John Mayo's bridge, vessels six and a half feet water. And in case the said company shall not begin the work within two years, and not compleat the same in seven years after the passing of this act, the said company shall not be entitled to any benefit or privilege under this act. 10. If the payment of the said tolls shall be refused when any vessel from which the same are demandable offers to pass by or through the said places herein before named, the collectors may lawfully refuse passage to such vessel; and if such vessel shall pass without paying tolls, the master, skipper or owner of such vessel shali forfeit and pay to the said company five dollars for every foot of water which it may draw, to be recovered on motion and ten days notice in any court of record within this commonwealth; or the collector may seize such vessel and hold her as a security for such toll until the same shall be paid. 11. The said river when deepened as aforesaid, shall be considered and taken as a public highway for the passage of vessels, laand of the United den or unladen, upon the payment of the tolls aforesaid; but the said river shall nevertheless be subject to such regulations as may be prescribed by the laws of this state or of the United States. States. Vessels exempted. Commencement. Court removed. Commencement. 12. Nothing herein contained shall be construed to prevent vessels drawing less than five feet water from using and navigating the said river free from toll. 13. This act shall commence and be in force from and after the passing thereof. CHAP. 104.-An ACT for removing the district court from Armistead's tavern in the town of Petersburg to the town courthouse. (Passed February 2, 1804.) 1. Be it enacted by the general assembly, That the judge or judges of the general court who shall attend the district court held in the town of Petersburg, shall be and they are hereby authorized and required to adjourn and remove the session of the said district court on some day of the next term, from the tavern kept by the late Robert Armistead to the courthouse of the said town, where, after such adjournment and removal, all future sessions of the said court shall be held. 2. This act shall commence and be in force from and after the passing thereof. CHAP. 105.—An ACT to prevent obstructions to the navigation of the North fork of Holstein river. (Passed January 31, 1804.) gation. 1. Be it enacted by the general assembly, That it shall not be law- Penalty for obful for any person or persons to place or put directly or indirectly, in structing the navithe North fork of Holstein river, any obstruction whatsoever to the navigation thereof, between Jeoffrey Hoedritch's mill and the southern boundary of this commonwealth; and if any person shall place or put any such obstruction between the places aforesaid in the said river, he or they shall, for every such offence, forfeit and pay the sum of twenty dollars for every day such obstruction remains in the said river; to be recovered by action of debt in any court of record in this commonwealth, with costs, and applied, one moiety to the use of the informer, and the other moiety to be applied by the court of that county in which the recovery shall be had, towards removing such obstructions, and improving the navigation of the said river. 2. This act shall commence and be in force from and after the Commencement. passing thereof. CHAP. 106.-An ACT authorizing the improvement of the Hay Market dis trict jail. and repaired. 1. Be it enacted by the general assembly, That the commis- Jail to be altered sioners, or any two of them, appointed by an act, intituled, "An act appointing commissioners to fix the place for holding a court for the district composed of the counties of Prince William, Fairfax, Loudoun and Fauquier," be, and they are hereby authorized and required, to have such alterations and improvements made in and to the doors and windows of the jail of said district, (having regard to the report of the commissioners appointed by order of the Dumfries district court, dated the twenty-fifth day of May, one thousand eight hundred and three, to examine said jail) as will render the said jail completely safe and secure. After having as- How the expense certained the expense, which will necessarily be incurred in making the said alterations and improvements, the said commissioners, or any two of them, shall proceed to notify each of the courts of Prince William, Fairfax, Loudoun and Fauquier, of the amount thereof; and ascertain also, in the said notification, the proportion to be paid by each county, according to the number of tithables therein; and the respective courts shall at the time directed by law for laying the county levies next ensuing the receipt of the said notification, levy their several proportions of the said expense, to be paid to the order of the said commissioners, or any two of them: Provided, The said expense shall not exceed fifty dollars. shall be paid. Expense not to exceed 50 dollars. 2. This act shall commence and be in force from and after the Commencement. passing thereof. CHAP. 107.—An ACT concerning the heirs of Robert Irwin, deceased. (Passed February 1, 1804.) the estate of Ro 1. Be it enacted by the general assembly, That John Irwin, Persons entitled to junior, James Irwin and Elizabeth Henderson, formerly Elizabeth bert Irwin, deIrwin, heirs of Robert Irwin, deceased, shall be, and they are ceased. hereby declared to be entitled to the money arising from the sale of the real and personal estate of the said Robert Irwin, which |