Restrictions. vided, That no transfer whatsoever shall be made, except for one or more whole share or shares, and not for part of such 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 benefit any trust shall be created, the common remedy may be pursued.

Shares to be XV. And it is hereby farther provided, That each first offered proprietor who shall be desirous of selling his share or so the public. shares, shall first offer the same to such person as shall be hereafter empowered by the general assembly to purchase shares on public account; and it is hereby declared, that such person acting for the commonwealth, shall have the preference in all such sales, if he will give the same consideration for which the proprietor shall really and bona fide sell. And whereas, it hath been represented to this general assembly, that sundry persons are willing and desirous on account of the great public advantages and improvement their es tates may receive thereby, to promote and contribute towards so useful an undertaking, and to subscribe sums of money to be paid, on condition the said works are really compleated and carried into execution, but do not care to run any risk, or desire to have any property therein:

.

Officers em XVI. Be it therefore enacted, That the said presi powered to dent and directors shall be, and are hereby empowertake in sub-ed to receive and take in subscriptions upon the said scriptions.

condition, and upon the said works being compleated and carried into execution according to the true intent and meaning of this act, that it shall and may be lawful for the said president and directors, or a majority of them, in case of refusal or neglect of payment, in the name of the company as aforesaid, to sue for, and recover of the said subscribers, their heirs, executors, or administrators, the sums by them respectively subscribed, by action of debt, or upon the case, in any the case, in day court of record within this state.

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XVII. And be it enacted, That if the said capital, Capital of and the other aids already granted by this act, shall company may be augment prove insufficient, it shall and may be lawful for the ed. said company, from time to time, to increase the said capital, by the addition of so many more whole shares as shall be judged necessary by the said proprietors, or a majority of them holding at least three hundred shares, present at any general meeting of the said company; and the said president and directors, or a majority of them, are hereby empowered and required, after giving at least one month's previous notice thereof in the Virginia Gazettes, to open books in the before mentioned places for receiving and entering such additional. subscriptions, in which the proprietors of the said company for the time being, shall, and are hereby deciar ed to have the preference of all others for the first thirty days after the said books shall be opened as aforesaid, of taking and subscribing for so many whole shares, as any of them shall choose. And the said president and directors, are hereby required to observe, in, all other respects, the same rules therein as are by this act prescribed for receiving and adjusting the first subscriptions, and in like manner to return under the hands of any, three or more of them, an exact list of such additional subscribers, with the sums by them respectively subscribed, into the general court, as aforesaid, to be there recorded; and all proprietors of such additional shares shall, and they are hereby declared to be, from thenceforward incorporated into the said company.

manded,

XVIII. And it is hereby enacted and declared, That Conditions on the tolls herein before allowed to be demanded and re- which tolls ceived at the place above-mentioned, are granted, and may be de shall be paid on condition only, that the said." James River Company" shall make the river well capable of being navigated in dry seasons by vessels drawing one foot water at least, from the highest place practicable to the Great Falls, beginning at Westham, and shall at or near the said falls, make such cut or cuts, canal or canals, with sufficient locks, if necessary, each of eighty feet in length, and sixteen feet in breadth, as will open a navigation to tide water, in all places at least twenty-five feet wide, except at such locks, and capable of conveying vessels or rafts drawing four feet wa ter at the least, into tide water, or shall render such part of the river navigable in the natural course.

charter to be forfeited.

On failure, XIX. And it is hereby provided and enacted, That in case the said company shall not begin the said work within one year after the said company shall be formed, For shall not compleat the same within ten years thereafter, then shall all the interest of the said company, and all preference in their favor as to the navigation and tolls aforesaid, be forfeited, and cease. Provided,

That in case the navigation shall be opened from Westham to tide water, before the opening of the river above Lynch's ferry, the tolls above mentioned may be collected until the expiration of ten years, from the time at which the company shall have been formed, Taeasurer of XX. And be it farther enacted, That the treasurer the common of this commonwealth shall be authorized and directed wealth to subscribe for to subscribe to the amount of one hundred shares in bet one hundred half of the same, and the money necessáry-in conseshares. quence of such subscription, shall be paid as the same shall be required. And the treasurer for the time` be➡ ing, shall have a right to vote according to such shares, in person or by proxy, appointed by him, and strail receive the proportion of the tolls aforesaid, which shall from time to time become due to this state for the shares aforesaid.

And to vote,

and receive tolls in proportion.

Acts within

XXI. And be it farther enacted, That so much of the purview every act and acts within the purview of this act, shall of this, here- be, and the same is hereby repealed. Provided neverby repealed. theless, That nothing in this act shall be construed so as to take away the right which the representatives of John Ballendine have to that part of the canal which is already begun, and to all the advantages resulting from the same; but the same shall be valued by a jury, in manner and form as before directed and the said representatives shall be entitled to so many shares in the said company, and to se much of the surplus water, ́as the said jury shall determine; or they shall receive, at their option, the value thereof in money, to be esti mated by the said jury.

CHAP. XX.

An act concerning the appointment of sheriffs.

Chap. LIX in original.

to nominate sheriffs.

1. BE it enacted by the General Assembly, That if Penalty on the court for any county within this commonwealth courts failing shall fail to nominate persons for sheriff, according to the periods prescribed by law, every justice, so neglecting his duty, shall forfeit and pay the sum of fifty pounds. If any person hereafter to be appointed sher

iff of any county, shall fail to give bond in two months Sheriff failing after his appointment, the clerk of the court shall, with to give bond in one month > thereafter, transmit to the governor for in 2 months the time being, a certificate of such neglect or failure, clerk to certiunder the penalty of one hundred pounds. If any per ure in one fy such fail. gon bereafier to be nominated sheriff of a county, shall month fail to make application to the governor for a commis- Sheriff nomision within one month after such nomination, the nated, failing go- to apply for vernor, with the advice of the council, shall and may commission, commission any justice of the peace of the said county in one month, to be sheriff of the same. And whereas it is represent- executive ed to the general assembly, that several sheriffs within sion another, this commonwealth have been unable, from the scarcity of money and other circumstances, to complete their collections of the taxes for the year one thousand seven hundred and eighty three, and are liable to interest and da:nages upon their several arrearages;

may commis

of taxes.

Is Be it therefore enacted, That the governor, with Executive advice of council, shall be, and he is hereby empower to remit damempowered ed, upon good cause to him shewn, to suspend execuages against tion upon the judgments obtained against such sheriffs, sherifls, for for three months, or any shorter time, and to remit non-paymen such interest and damages; provided always, that the expences of the judgments shall be paid by such delinquent sheriffs. The penalties by this act imposed, may be recovered by bill, plaint, or information, in any court of record; one moiety to the use of the informer, the ether moiety to the use of the commonwealth.

Preamble.

Oath of clerks

of county courts, and their depu.

ties.

CHAP. XXI.

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An act compelling the county court clerks to reside in the county, and to prevent them from removing the records out of the same, and for other purposes.

1. WHEREAS many inconveniencies have arisen, from the clerks of courts residing out of the county where their clerkships are, and great abuses have also arisen in the latitude of power exercised by some of the county courts, in permitting their clerks to remove the records of the county without the same, thereby greatly endangering the property and interest of individuals, citizens, as well of the county as of the commonwealth at large: And whereas it is judged expedi→→ ent by the present general assembly, that due provision be made by law for the preservation and safe keeping of the public records of each county:

Be it enacted by the General Assembly, That every person hereafter admitted into office by any county or other inferior court, › as clerk or deputy clerk of such court, shall at the time of his admission or appointment to such office, take the following oatht1, A. B. do swear that I will well and truly exercise the office of according to the best of my skill and judgment, making due entries and record of all orders, judgments, decrees, opinions, or proceedings of the court, and carefully filing and preserving in my office all-books and papers whatsoever, which shall be delivered me in charge, or otherwise come to my hands or possession by virtue of my said office; and that I will not wittingly or willingly commit any mal-feazance of office, but in all things and at all times keep my said office free and accessible to every person having a right or claim to business therein, and faithfully executing the duties thereof, without favor, affection, or partialiPenalty for ty. So help me God." And if any person shall preacting with sume to execute the office of clerk or deputy clerk of any county or other inferior court, without taking such oath, he shall forfeit and pay five hundred pounds, and

dut.