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 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 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 mouth'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 taxations. 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

Tolls:

1 3-72nds.

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. 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,

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 be refused. to vesselsmay talls 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 fourd, and sell the same at auction, for ready or vessel 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 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.;.

3. 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 à provision should be made for condemning a quantity of land for the purpose.

Or

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 ow*ner thereof shall be a feme covert, under age, non.compos, or out of the state, on application to any two jusices of the county in which such land shall lie, the said

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 the 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, nòr 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 him 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, Further dam- That if any farther damage shall arise to any proprie compensated. tor of land, in consequence of opening such canal, or 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 jutices of the county where the lands fie, 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, of other works or improvements which shall be begun or erected by such proprietor, after such first valuation, unless the same damage is wilfully or maliciously done

ages, how

by the said president and directors, or some person by their authority.

on to erect

how much.

XII. And be it enacted, That the said president and Land where directors, or a majority of them, are hereby authorized buildings for to agree with the proprietors for the purchase of a quan- toll houses, tity of land, not exceeding one acre, at or near the pla- &c how acces of receipt of tolls aforesaid, for the purpose of erect- quired, and ing necessary buildings; and in case of disagreement, or any of the disabilities aforesaid, or the proprietor being out of the state, then such land may be valued, condemned, and paid for as aforesaid, for the purposé aforesaid, and the said company shall, upon payment of the valuation of the said land, be seized thereof in fee simple as aforesaid: And whereas, some of the places through which it may be necessary to conduct the said canals, may be convenient for erecting mills, furges, or other water works, and the persons, passessors of such situation, may design to improve the same, and it is the intention of this act, not to interfere with private property, but for the purpose of improving and perfecting the said navigation;

be used from

XIII. Be it enacted, That the water or any part No water to thereof, conveyed through any canal or cut made by canal but for the said company, shall not be used for any purpose navigation, but navigation, unless the consent of the proprietors of without conthe land through which the same shall be led, be first sent of pro had; and the said president and directors, or a majority prieto, s. of them, are hereby empowered and directed, if it can be conveniently done, to answer both the purposes of navigation and water works aforesaid, to enter into reasonable agreements with the proprietars of such situation, concerning the just proportion of the expences of making large canals or cuts capable of carrying such quantities of water as may be sufficient for the purposes of navigation, and also for any such water works as aforesaid.

what manner.

XIV. And be it enacted, That it shall and may be shares translawful for every of the said proprietors to transfer his ferrable, in 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 the profits from the said tolls. Pro