Hening's Statutes at Large

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LAWS OF VIRGINIA, FEBRUARY 1772 −− 12th GEORGE III.

CHAP. XXX.

An	act for opening the Falls of James River by subscription, and for other purposes.

I. WHEREAS the extension of the navigation of James river will be of great public utility to the colony in general, and more especially to the numerous inhabitants above the falls of the said river, which, it is judged, will be greatly promoted by cutting a canal, through the falls, from Westham to the tide water. And whereas many persons have subscribed large sums of money, and others will probably subscribe, to so laudable and beneficial a work, and it is proper that they should be impowered to receive reasonable tolls or duties, to enable them to cut, support, and repair the said canal, necessary locks, and other works: Be it therefore enacted, by the Governor, Council, and Burgesses, of this present General Assembly, and it is hereby enacted, by the authority of the same, That as soon as the persons who have already subscribed, together with such as shall hereafter subscribe, or a majority of them, shall think a sufficient sum, for effecting the said intended work, may be raised, any ten, who have subscribed one hundred pounds, or upwards, each, shall appoint a time for a general meeting of the subscribers, at the town of Manchester, in the county of Chesterfield, or Richmond, in the county of Henrico, after giving at least one month's previous notice in the Virginia Gazette; and such of the subscribers as shall be there present, or a majority of them, are hereby impowered to elect a president, and eleven of the subscribers to be trustees and directors, for the cutting a canal, erecting locks, and other works requisite for opening the said falls, and extending the navigation of the said river, and, in counting the votes, every subscriber is to be allowed one vote for every fifty pounds by him subscribed; and if any subscriber shall be unable to attend at the time appointed, as aforesaid, it shall be lawful for him to depute any other subscriber to act for him at the said election, by any writing under his hand and seal, whose vote shall be, to all intents and purposes, as valid as if the subscriber, giving him the deputation, was himself present. And the said trustees and directors, so elected,

Act for opening falls of James river, by subscription.

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shall and may agree with any person, or persons, who shall be willing to undertake the same, to cut the said canal, and erect such locks, or other works, as are necessary, upon such terms, and in such manner, as the said trustees and directors shall think fit, and out of the money arising from the tolls and duties, hereafter given by this act, to repair and keep in good order the said canal, locks, or other works necessary thereto: Provided that the sum to be paid does not exceed the whole amount of the several sums subscribed, and that the person, or persons, who shall undertake the same, shall first give sufficient security to perform his or their agreement.
II. And be it further enacted, by the authority aforesaid, That the said president and trustees and directors, or any five or more of them, assembled together, or a majority of them, of whom the said president to be one, shall have full power and authority to proceed and determine all matters relative to the trust reposed in them by this act, and shall, from time to time, as money shall be wanted, make an order, and direct what proportion the subscribers shall pay, of the sums by them respectively subscribed, which order shall be signed by the said president, and the said president, trustees and directors, are hereby authorized and impowered to demand and receive of the several subscribers, their heirs, executors, administrators, and assigns, from time to time, the sums of money so ordered to be advanced for carrying on the said work, until the sums by each subscriber respectively subscribed, shall be fully paid and discharged, and where any of the subscribers, or their heirs, executors, administrators, or assigns, shall refuse or neglect to pay their proportions, when demanded, agreeably to the said order, the said president, trustees and directors, appointed for opening the falls of James river, to sue for and recover the whole sum subscribed by such person, so refusing or neglecting to pay, by action of debt, or upon the case, in any court of record in this colony, unless any subscriber had made it a condition, in his subscription, to pay his money at different periods, or on particular terms, in which case no more shall be recovered than so much as might be called for, agreeable to his terms, at the time of such recovery. And in order to continue the succession of the said president, trustees and directors,

shall and may agree with any person, or persons, who shall be willing to undertake the same, to cut the said canal, and erect such locks, or other works, as are necessary, upon such terms, and in such manner, as the said trustees and directors shall think fit, and out of the money arising from the tolls and duties, hereafter given by this act, to repair and keep in good order the said canal, locks, or other works necessary thereto: Provided that the sum to be paid does not exceed the whole amount of the several sums subscribed, and that the person, or persons, who shall undertake the same, shall first give sufficient security to perform his or their agreement.

II. And be it further enacted, by the authority aforesaid, That the said president and trustees and directors, or any five or more of them, assembled together, or a majority of them, of whom the said president to be one, shall have full power and authority to proceed and determine all matters relative to the trust reposed in them by this act, and shall, from time to time, as money shall be wanted, make an order, and direct what proportion the subscribers shall pay, of the sums by them respectively subscribed, which order shall be signed by the said president, and the said president, trustees and directors, are hereby authorized and impowered to demand and receive of the several subscribers, their heirs, executors, administrators, and assigns, from time to time, the sums of money so ordered to be advanced for carrying on the said work, until the sums by each subscriber respectively subscribed, shall be fully paid and discharged, and where any of the subscribers, or their heirs, executors, administrators, or assigns, shall refuse or neglect to pay their proportions, when demanded, agreeably to the said order, the said president, trustees and directors, appointed for opening the falls of James river, to sue for and recover the whole sum subscribed by such person, so refusing or neglecting to pay, by action of debt, or upon the case, in any court of record in this colony, unless any subscriber had made it a condition, in his subscription, to pay his money at different periods, or on particular terms, in which case no more shall be recovered than so much as might be called for, agreeable to his terms, at the time of such recovery. And in order to continue the succession of the said president, trustees and directors,

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Be it further enacted, by the authority aforesaid, That in case of the death, removal out of the colony, or resignation of the said president, or any of the said trustees and directors, or in case the said president, or any of the said trustees and directors, shall misbehave himself, or themselves, then, at the next meeting of any ten of the subscribers of one hundred pounds, and upwards, to be advertised, as aforesaid, by the president, or any five of the subscribers, as the case may be, it shall and may be lawful for the said ten subscribers, so assembled, or the majority of them, to appoint a general meeting of all the subscribers, who, or a majority of them, who shall be present, shall, under the rules and regulations, before prescribed, nominate and appoint any other person or persons, to be president, trustees or directors, in the room of him or them so dying, removing, or resigning, or, if they find sufficient cause, in the room of his or them so misbehaving, and such new president, and trustees, shall have equal powers and authorities with those originally chosen, and the said trustees and directors shall, before the general meeting for auditing of the accounts, render an account to the said president of all the money by them received and expended, on account of the subscription, and of the tolls and duties before mentioned.
III. And be it further enacted, That on the second Monday of September in every year, and in case of any disappointment, on some other day, within one month thereafter, to be publicly advertised three times in the Virginia Gazette, by the said president, the subscribers shall and may meet at the town of Manchester or Richmond, to whom the said president, trustees and directors, shall make report, and render distinct and just accounts of all their proceedings, and, on finding them to be fairly and justly stated, the subscribers, or a majority of them, then present, shall give the said trustees a certificate thereof, and the said president shall sign all orders made by the trustees, as aforesaid, for calling in and demanding any money from the subscribers, and execute all deeds for the conveyance of the right or share of any proprietor of the said canal, or of the profits arising therefrom, and such execution shall be sufficient to pass and convey any right the subscribers collectively, their heirs and assigns, may have distinct from such proprietor.

Be it further enacted, by the authority aforesaid, That in case of the death, removal out of the colony, or resignation of the said president, or any of the said trustees and directors, or in case the said president, or any of the said trustees and directors, shall misbehave himself, or themselves, then, at the next meeting of any ten of the subscribers of one hundred pounds, and upwards, to be advertised, as aforesaid, by the president, or any five of the subscribers, as the case may be, it shall and may be lawful for the said ten subscribers, so assembled, or the majority of them, to appoint a general meeting of all the subscribers, who, or a majority of them, who shall be present, shall, under the rules and regulations, before prescribed, nominate and appoint any other person or persons, to be president, trustees or directors, in the room of him or them so dying, removing, or resigning, or, if they find sufficient cause, in the room of his or them so misbehaving, and such new president, and trustees, shall have equal powers and authorities with those originally chosen, and the said trustees and directors shall, before the general meeting for auditing of the accounts, render an account to the said president of all the money by them received and expended, on account of the subscription, and of the tolls and duties before mentioned.

III. And be it further enacted, That on the second Monday of September in every year, and in case of any disappointment, on some other day, within one month thereafter, to be publicly advertised three times in the Virginia Gazette, by the said president, the subscribers shall and may meet at the town of Manchester or Richmond, to whom the said president, trustees and directors, shall make report, and render distinct and just accounts of all their proceedings, and, on finding them to be fairly and justly stated, the subscribers, or a majority of them, then present, shall give the said trustees a certificate thereof, and the said president shall sign all orders made by the trustees, as aforesaid, for calling in and demanding any money from the subscribers, and execute all deeds for the conveyance of the right or share of any proprietor of the said canal, or of the profits arising therefrom, and such execution shall be sufficient to pass and convey any right the subscribers collectively, their heirs and assigns, may have distinct from such proprietor.

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IV. And be it further enacted, That it shall be lawful for every subscriber, or proprietor, of the said canal, or of the tolls and duties hereby given, to sell and transfer his, or her, right and interest therein, or any part thereof, but such proprietor shall, when he is desirous of selling, first offer the same to the trustees, and it is hereby declared that they shall have the preference in all such sales, if they will give the same consideration for which any proprietor shall really and bona fide sell.
V. And be it further enacted, by the authority aforesaid, That for and in consideration of the great charges and expences the said subscribers, their heirs, or assigns, will be at, not only in cutting the said canal, erecting locks, and other works, for opening the said falls and extending the navigation of the said river, but in maintaining and keeping the same in repair, the said canal with all its appurtenances, shall be, and the same is hereby, vested in the said subscribers, their heirs, and assigns, forever, as tenants in common, in proportion to the sums by them respectively subscribed, and that it shall and may be lawful for the said trustees and directors, from time to time, and at all times forever, hereafter, to demand, receive, recover, and take, for every hogshead one shilling and six pence, every barrel six pence, every bushel of grain, or salt, one penny, every chaldron of coal one shilling and six pence, every hundred pipe staves one shilling, every hundred hogshead staves nine pence, and every hundred barrel staves six pence, every hundred cubic feet of plank, or timber, five shillings, and so in proportion for a greater or less quantity, and for every hundred weight of merchandize whatsoever, except as before mentioned, three pence, which shall be carried through the said canal, in any boat, or other vessel, and for every such boat, or other vessel, not laded, five shillings; the said rates, or duties, to be paid near to the said canal, and in such manner as the said trustees shall think proper, and, in case of neglect, or refusal of payment, on demand, of such rates and duties, or any part thereof, to the said trustees, or the person or persons, appointed receivers, they, the said trustees, shall and may sue for the same, in the name and manner above mentioned, or by petition, if the money demanded shall not exceed the sum of five pounds, current money, or shall and may take possession of, and retain, any goods, or vessel, wherein

IV. And be it further enacted, That it shall be lawful for every subscriber, or proprietor, of the said canal, or of the tolls and duties hereby given, to sell and transfer his, or her, right and interest therein, or any part thereof, but such proprietor shall, when he is desirous of selling, first offer the same to the trustees, and it is hereby declared that they shall have the preference in all such sales, if they will give the same consideration for which any proprietor shall really and bona fide sell.

V. And be it further enacted, by the authority aforesaid, That for and in consideration of the great charges and expences the said subscribers, their heirs, or assigns, will be at, not only in cutting the said canal, erecting locks, and other works, for opening the said falls and extending the navigation of the said river, but in maintaining and keeping the same in repair, the said canal with all its appurtenances, shall be, and the same is hereby, vested in the said subscribers, their heirs, and assigns, forever, as tenants in common, in proportion to the sums by them respectively subscribed, and that it shall and may be lawful for the said trustees and directors, from time to time, and at all times forever, hereafter, to demand, receive, recover, and take, for every hogshead one shilling and six pence, every barrel six pence, every bushel of grain, or salt, one penny, every chaldron of coal one shilling and six pence, every hundred pipe staves one shilling, every hundred hogshead staves nine pence, and every hundred barrel staves six pence, every hundred cubic feet of plank, or timber, five shillings, and so in proportion for a greater or less quantity, and for every hundred weight of merchandize whatsoever, except as before mentioned, three pence, which shall be carried through the said canal, in any boat, or other vessel, and for every such boat, or other vessel, not laded, five shillings; the said rates, or duties, to be paid near to the said canal, and in such manner as the said trustees shall think proper, and, in case of neglect, or refusal of payment, on demand, of such rates and duties, or any part thereof, to the said trustees, or the person or persons, appointed receivers, they, the said trustees, shall and may sue for the same, in the name and manner above mentioned, or by petition, if the money demanded shall not exceed the sum of five pounds, current money, or shall and may take possession of, and retain, any goods, or vessel, wherein

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the said goods or other things are carried, for which the said rates and duties are to be paid, until due payment thereof, together with reasonable charges for taking and detaining such distresses, and if such goods or vessels shall not be redeemed within four days after the taking thereof, they may, with a constable of Henrico, or Chesterfield county (who are hereby required to be aiding and assisting therein) cause the said goods or vessels, so retained, or some part thereof, to be appraised by two sworn appraisers, to be appointed by a justice of the peace of either of the said counties, to appraise the same, truly and indifferently, according to the best of their judgment, and, after such appraisement, may sell the same, or any part thereof, for payment of such rate or duty, and the charges of such seizure, appraisement, and sale, leaving the overplus, if any, in the hands of the trustees, for the owner's use; and after deducting the several sums that shall have been expended in keeping the banks of the said canal, locks, and other works, in good and constant repair, removing all obstructions in the navigation thereof, so that the same may be rendered as useful as possible, and paying wages or salaries to such persons as it may be necessary to employ in the management of the same, it shall and may be lawful for the said subscribers, or the majority of them, present, to proportion the balance remaining, and direct the payment and distribution thereof to and amongst the several subscribers, or proprietors, in proportion to the sums by them paid, or to their executors, administrators, or assigns: Provided nevertheless, That every vessel, returning up the said canal, after having delivered her load below, shall be exempt from paying any toll, except for goods or merchandizes such vessels shall then have on board, navigating boats, or other vessels, in or upon the said canal, from dong any damage, or committing any disorders, and for making the persons, having the charge of such vessels, in that respect, more careful, Be it enacted, by the authority aforesaid, That every person, having charge of any boat or vessel, or the master or owner thereof, shall be, and is hereby, made responsible for any damage or mischief that shall, at any time, be done by his or their boat or vessel, or by any person belonging to, or navigating, any such boat or other vessel, to any of the locks, banks, quays, or other works, to

the said goods or other things are carried, for which the said rates and duties are to be paid, until due payment thereof, together with reasonable charges for taking and detaining such distresses, and if such goods or vessels shall not be redeemed within four days after the taking thereof, they may, with a constable of Henrico, or Chesterfield county (who are hereby required to be aiding and assisting therein) cause the said goods or vessels, so retained, or some part thereof, to be appraised by two sworn appraisers, to be appointed by a justice of the peace of either of the said counties, to appraise the same, truly and indifferently, according to the best of their judgment, and, after such appraisement, may sell the same, or any part thereof, for payment of such rate or duty, and the charges of such seizure, appraisement, and sale, leaving the overplus, if any, in the hands of the trustees, for the owner's use; and after deducting the several sums that shall have been expended in keeping the banks of the said canal, locks, and other works, in good and constant repair, removing all obstructions in the navigation thereof, so that the same may be rendered as useful as possible, and paying wages or salaries to such persons as it may be necessary to employ in the management of the same, it shall and may be lawful for the said subscribers, or the majority of them, present, to proportion the balance remaining, and direct the payment and distribution thereof to and amongst the several subscribers, or proprietors, in proportion to the sums by them paid, or to their executors, administrators, or assigns: Provided nevertheless, That every vessel, returning up the said canal, after having delivered her load below, shall be exempt from paying any toll, except for goods or merchandizes such vessels shall then have on board, navigating boats, or other vessels, in or upon the said canal, from dong any damage, or committing any disorders, and for making the persons, having the charge of such vessels, in that respect, more careful, Be it enacted, by the authority aforesaid, That every person, having charge of any boat or vessel, or the master or owner thereof, shall be, and is hereby, made responsible for any damage or mischief that shall, at any time, be done by his or their boat or vessel, or by any person belonging to, or navigating, any such boat or other vessel, to any of the locks, banks, quays, or other works, to

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be made and erected for opening the said canal, and extending the said navigation, or for any trespass or damage which shall be done to the proprietors of any buildings, lands, tenements, or premises adjoining near unto the same, otherwise than is provided for by this act, and the persons having charge of the said boat or other vessel, or the master, or owner thereof, shall and may be sued and prosecuted for the same, in any court of record, and if found guilty, or if a verdict pass, or judgment be given against him, her, or them, in any such case, the plaintiff shall recover his full costs.
VI. And be it further declared and enacted, by the authority aforesaid, That the said canal, when compleated, shall, forever thereafter, be esteemed and taken to be navigable, and that all the king's liege, people whatsoever, with their goods and merchandizes, may have, and lawfully enjoy, their free passage in and through the said canal, with boats and other vessels, and also all necessary and convenient liberties, for navigating the same, without any let, hindrance, or obstruction, of or from any person, or persons, whatsoever, paying such rates and duties as are appointed by this act, to be paid to the said trustees and directors: Provided always, and be it enacted, That the land and improvements, through which any such canal shall be proposed to be cut, or whereon any lock, or other work, shall be thought necessary to be erected in opening the falls, and extending the navigation of the said river, so far as they may be damaged by the canal, shall be first viewed and valued, and the bounds thereof described and ascertained by a jury, to be impannelled and sworn by the order of the court of the county where such lands lie, on application of the trustees, in the same manner as is directed by law, in cases of petitions preferred for land to build a mill on, and shall be paid for by the said trustees, before such canal shall be cut, or other work erected: Provided always, That if it should appear, that the damage done to any persons' land, through which the said canal shall be cut, was not considered in such valuation, the owner of such lands may, by applying to the said court, procure the same to be reviewed, and such damage to be estimated, in the same manner as is herein before prescribed, and shall be intitled to receive and recover such new valuation from the said trustees; and shall, in the same manner, have

be made and erected for opening the said canal, and extending the said navigation, or for any trespass or damage which shall be done to the proprietors of any buildings, lands, tenements, or premises adjoining near unto the same, otherwise than is provided for by this act, and the persons having charge of the said boat or other vessel, or the master, or owner thereof, shall and may be sued and prosecuted for the same, in any court of record, and if found guilty, or if a verdict pass, or judgment be given against him, her, or them, in any such case, the plaintiff shall recover his full costs.

VI. And be it further declared and enacted, by the authority aforesaid, That the said canal, when compleated, shall, forever thereafter, be esteemed and taken to be navigable, and that all the king's liege, people whatsoever, with their goods and merchandizes, may have, and lawfully enjoy, their free passage in and through the said canal, with boats and other vessels, and also all necessary and convenient liberties, for navigating the same, without any let, hindrance, or obstruction, of or from any person, or persons, whatsoever, paying such rates and duties as are appointed by this act, to be paid to the said trustees and directors: Provided always, and be it enacted, That the land and improvements, through which any such canal shall be proposed to be cut, or whereon any lock, or other work, shall be thought necessary to be erected in opening the falls, and extending the navigation of the said river, so far as they may be damaged by the canal, shall be first viewed and valued, and the bounds thereof described and ascertained by a jury, to be impannelled and sworn by the order of the court of the county where such lands lie, on application of the trustees, in the same manner as is directed by law, in cases of petitions preferred for land to build a mill on, and shall be paid for by the said trustees, before such canal shall be cut, or other work erected: Provided always, That if it should appear, that the damage done to any persons' land, through which the said canal shall be cut, was not considered in such valuation, the owner of such lands may, by applying to the said court, procure the same to be reviewed, and such damage to be estimated, in the same manner as is herein before prescribed, and shall be intitled to receive and recover such new valuation from the said trustees; and shall, in the same manner, have

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the like further remedy, as often as any new damage shall arise, not before considered and valued.

VII. And whereas the opening a canal from the head of the southern or eastern branch of Elizabeth river, to the head of the north river, will greatly increase the commerce of this colony: Be it therefore enacted, by the authority aforesaid, That Joseph Hutchings, Thomas Newton, junior, James Webb, John Wilson, Abraham Wormington, Edward Hack Moseley, junior, Christopher Wright, Anthony Walke, David Maclanahan, George Logan, Peter Singleton, Lemuel Riddick, Severn Eyre, and James Holt, gentlemen, or any seven of them, be, and they are hereby authorized and required to view the lands, between the heads of the said rivers, and to make, or cause to be made, an exact survey, or such parts thereof, through which the said canal may be the most conveniently cut, and shall moreover make as exact an estimate as may be of the expence of opening and rendering such canal navigable for the passage of boats, or other vessels, which estimate, together with a plan of the survey, the said trustees, or the major part of them, shall return to the next session of assembly, and it shall be lawful for the said trustees, or the major part of them, shall return to the next session of assembly, and it shall be lawful for the said trustees, or the major part of them, or the persons employed by them in the execution of this act, to pass through the lands of any person, or persons, whatsoever, for the purposes aforesaid.

Provision for opening a canal from the head of the southern or eastern branch of Elizabeth river, to the head of the north river.

CHAP. XXXI.

An	act for opening and extending the navigation of the river Potowmack from Fort Cumberland to tide water.

I. WHEREAS the extension of the navigation of Potowmack river from tide water to fort Cumberland will be of great public utility to the colony in general, and more especially to the numerous inhabitants above the falls of the said river. And whereas many private

Act for opening and extending the navigation of Potowmack river from fort Cumberland to tide water.

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persons are willing to subscribe large sums of money to effect so laudable and beneficial a work, and it is proper that they should be impowered to receive reasonable tolls, or duties, to enable them to cut, support, and repair, such canals, locks and other works, which may be found necessary in carrying into execution this undertaking. And whereas it is thought that a lottery, under proper regulations, would greatly contribute towards encouraging so laudable a subscription: Be it therefore enacted, by the Governor, Council, and Burgesses, of this present General Assembly, and it is hereby enacted, by the authority of the same, That as soon as the person wh shall subscribe to this undertaking, or a majority of them, shall think that a sufficient sum may be raised for effecting the said intended work, any ten persons who have subscribed one hundred pounds, or upwards, each, shall appoint a time for a general meeting of the subscribers, at the falls warehouse, in Fairfax county, at the town of Leesburg, in Loudoun county, or at George town, in the county of Frederick, in the province of Maryland, after giving, at least, one month's previous notice in the Virginia Gazette; and such of the subscribers as shall be present at such meeting, or a majority of them, are hereby impowered to elect a president, and eleven of the subscribers to be trustees and directors for the cutting one or more canals, erecting locks, and other works requisite for opening the said falls, and extending the navigation of the said river, and in counting the votes every subscriber is to be allowed one vote for every fifty pounds by him subscribed. And if any subscriber shall be unable to attend such meeting, it shall be lawful for him to depute any other subscriber to act for him at the said election, by any writing under his hand and seal, whose vote shall be, to all intents and purposes, as valid as if the subscriber, giving him the deputation, was himself present. And the trustees and directors, or the majority of them, so elected, shall and may agree with any person, or persons, of whom they shall approve, who shall be willing to undertake the same, to cut such canals, and erect such locks, or other works, as they shall think necessary, upon such terms, and in such manner, as a majority of the said trustees and directors shall think fit, and out of the money arising from the tolls and duties hereafter given by this act, and the money arising from the said lottery, herein after mentioned,

persons are willing to subscribe large sums of money to effect so laudable and beneficial a work, and it is proper that they should be impowered to receive reasonable tolls, or duties, to enable them to cut, support, and repair, such canals, locks and other works, which may be found necessary in carrying into execution this undertaking. And whereas it is thought that a lottery, under proper regulations, would greatly contribute towards encouraging so laudable a subscription: Be it therefore enacted, by the Governor, Council, and Burgesses, of this present General Assembly, and it is hereby enacted, by the authority of the same, That as soon as the person wh shall subscribe to this undertaking, or a majority of them, shall think that a sufficient sum may be raised for effecting the said intended work, any ten persons who have subscribed one hundred pounds, or upwards, each, shall appoint a time for a general meeting of the subscribers, at the falls warehouse, in Fairfax county, at the town of Leesburg, in Loudoun county, or at George town, in the county of Frederick, in the province of Maryland, after giving, at least, one month's previous notice in the Virginia Gazette; and such of the subscribers as shall be present at such meeting, or a majority of them, are hereby impowered to elect a president, and eleven of the subscribers to be trustees and directors for the cutting one or more canals, erecting locks, and other works requisite for opening the said falls, and extending the navigation of the said river, and in counting the votes every subscriber is to be allowed one vote for every fifty pounds by him subscribed. And if any subscriber shall be unable to attend such meeting, it shall be lawful for him to depute any other subscriber to act for him at the said election, by any writing under his hand and seal, whose vote shall be, to all intents and purposes, as valid as if the subscriber, giving him the deputation, was himself present. And the trustees and directors, or the majority of them, so elected, shall and may agree with any person, or persons, of whom they shall approve, who shall be willing to undertake the same, to cut such canals, and erect such locks, or other works, as they shall think necessary, upon such terms, and in such manner, as a majority of the said trustees and directors shall think fit, and out of the money arising from the tolls and duties hereafter given by this act, and the money arising from the said lottery, herein after mentioned,

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and subscriptions, to repair, and keep in good order, the said canals, locks, and other works necessary thereto. Provided, that the sum so agreed to be paid such undertaker, doth not exceed the whole amount of the several sums subscribed, and the profit of the lottery herein after mentioned, after deducting the prizes and expence of such lottery, and that the person, or persons, who shall undertake the same, or any part thereof, shall first give sufficient security to perform his or their agreement.
II. And be it further enacted, by the authority aforesaid, That the said president, and trustees, or directors, or any five or more of them, assembled together, or a majority of them, of whom the said president to be one, shall have full power and authority to proceed and determine all matters relative to the trust reposed in them by this act, and shall, from time to time, as money shall be wanted, make an order, and direct what proportion the subscribers shall pay of the sums by them respectively subscribed, which order shall be signed by the said president. And the said president, trustees and directors, are hereby authorized and impowered to demand and receive of the several subscribers, their heirs, executors, administrators, and assigns, from time to time, the sums of money, so ordered to be advance, for carrying on the said work, until the sums by each subscriber respectively subscribed, shall be fully paid and discharged. And where any of the subscribers, or their heirs, executors, administrators, or assigns, shall refuse or neglect to pay their proportions, when demanded, agreeable to the said order, the said president, trustees and directors, are hereby authorized, by the name of the president, trustees and directors, appointed for opening the falls of Potowmack river, to sue for and recover the whole sum subscribed by such person so refusing or neglecting to pay, by action of debt, or upon the case, in any court of record in this colony, unless any subscriber had made it a condition, in his subscription, to pay his money at different periods, or on particular terms, in which case no more shall be recovered than so much as might be called for, agreeable to his terms, at the time of such recover: Provided nevertheless, That all subscribers of any sum below ten pounds, shall pay down their whole subscriptions at the time of subscribing.

and subscriptions, to repair, and keep in good order, the said canals, locks, and other works necessary thereto. Provided, that the sum so agreed to be paid such undertaker, doth not exceed the whole amount of the several sums subscribed, and the profit of the lottery herein after mentioned, after deducting the prizes and expence of such lottery, and that the person, or persons, who shall undertake the same, or any part thereof, shall first give sufficient security to perform his or their agreement.

II. And be it further enacted, by the authority aforesaid, That the said president, and trustees, or directors, or any five or more of them, assembled together, or a majority of them, of whom the said president to be one, shall have full power and authority to proceed and determine all matters relative to the trust reposed in them by this act, and shall, from time to time, as money shall be wanted, make an order, and direct what proportion the subscribers shall pay of the sums by them respectively subscribed, which order shall be signed by the said president. And the said president, trustees and directors, are hereby authorized and impowered to demand and receive of the several subscribers, their heirs, executors, administrators, and assigns, from time to time, the sums of money, so ordered to be advance, for carrying on the said work, until the sums by each subscriber respectively subscribed, shall be fully paid and discharged. And where any of the subscribers, or their heirs, executors, administrators, or assigns, shall refuse or neglect to pay their proportions, when demanded, agreeable to the said order, the said president, trustees and directors, are hereby authorized, by the name of the president, trustees and directors, appointed for opening the falls of Potowmack river, to sue for and recover the whole sum subscribed by such person so refusing or neglecting to pay, by action of debt, or upon the case, in any court of record in this colony, unless any subscriber had made it a condition, in his subscription, to pay his money at different periods, or on particular terms, in which case no more shall be recovered than so much as might be called for, agreeable to his terms, at the time of such recover: Provided nevertheless, That all subscribers of any sum below ten pounds, shall pay down their whole subscriptions at the time of subscribing.

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III. And in order to continue the succession of the said president, trustees and directors, Be it further enacted, by the authority aforesaid, That in case of the death, removal out of the colony, or resignation, of the said president, or any of the said trustees and directors, or in case the said president, or any of the said trustees and directors shall misbehave himself or themselves, then, at the next meeting of any ten or more of the subscribers, of one hundred pounds, and upwards, to be advertised, as aforesaid, by the president, or any five of the trustees, as the case may be, it shall and may be lawful for the said subscribers so assembled, or a majority of them, to appoint a general meeting of all the subscribers, who, or a majority of them who shall be present, shall, under the rules and regulations before prescribed, nominate and appoint any other person, or persons, to be president, trustees, or directors, in the room of him or them so dying, removing, or resigning, or, of they find sufficient cause, in the rom of him or them so misbehaving, and such new president, and trustees, shall have equal powers and authorities with those originally chosen. And the said trustees and directors shall, before the general meeting for auditing of the accounts, render an account to the said president of all the money by them received and expended on account of the subscription, and of the tolls and duties before mentioned.
IV. And be it further enacted, That on the first day of September in every year, and in case of disappointment on some other day within one month thereafter, to be publicly advertised three times in the Virginia Gazette by the said president, the subscribers shall and may meet at the falls warehouse, in Fairfax county, at the town of Leesburg, in Loudoun county, or at George town, in Frederick county, in the province of Maryland, to whom the said president, trustees and directors shall make report and render distinct and just accounts of all their proceedings, and on finding them to be fairly and justly stated, the subscribers, or a majority of them, then present, shall give the said trustees a certificate thereof; and the said president shall sign all orders made by the trustees as aforesaid, for calling in and demanding any money from the subscribers, and execute all deeds for the conveyance of the right or share, of any proprietor of the said works, or of the profits arising therefrom, and such execution shall be

III. And in order to continue the succession of the said president, trustees and directors, Be it further enacted, by the authority aforesaid, That in case of the death, removal out of the colony, or resignation, of the said president, or any of the said trustees and directors, or in case the said president, or any of the said trustees and directors shall misbehave himself or themselves, then, at the next meeting of any ten or more of the subscribers, of one hundred pounds, and upwards, to be advertised, as aforesaid, by the president, or any five of the trustees, as the case may be, it shall and may be lawful for the said subscribers so assembled, or a majority of them, to appoint a general meeting of all the subscribers, who, or a majority of them who shall be present, shall, under the rules and regulations before prescribed, nominate and appoint any other person, or persons, to be president, trustees, or directors, in the room of him or them so dying, removing, or resigning, or, of they find sufficient cause, in the rom of him or them so misbehaving, and such new president, and trustees, shall have equal powers and authorities with those originally chosen. And the said trustees and directors shall, before the general meeting for auditing of the accounts, render an account to the said president of all the money by them received and expended on account of the subscription, and of the tolls and duties before mentioned.

IV. And be it further enacted, That on the first day of September in every year, and in case of disappointment on some other day within one month thereafter, to be publicly advertised three times in the Virginia Gazette by the said president, the subscribers shall and may meet at the falls warehouse, in Fairfax county, at the town of Leesburg, in Loudoun county, or at George town, in Frederick county, in the province of Maryland, to whom the said president, trustees and directors shall make report and render distinct and just accounts of all their proceedings, and on finding them to be fairly and justly stated, the subscribers, or a majority of them, then present, shall give the said trustees a certificate thereof; and the said president shall sign all orders made by the trustees as aforesaid, for calling in and demanding any money from the subscribers, and execute all deeds for the conveyance of the right or share, of any proprietor of the said works, or of the profits arising therefrom, and such execution shall be

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sufficient to pass and convey any right the subscribers, collectively, their heirs, and assigns, may have, distinct from such proprietor.
V. And be it further enacted, That it shall be lawful for every subscriber, or proprietor, of the said works, or of the tolls and duties hereby given, to sell and transfer his or her right and interest therein, or any part thereof, but such proprietor shall, when he is desirous of selling, first offer the same to the trustees. And it is hereby declared that they shall have the preference in all such sales, if they will give the same consideration for which any proprietor shall really and bona fide sell.
VI. And be it further enacted, by the authority aforesaid, That for and in consideration of the great charges and expences the said subscribers, their heirs, and assigns, will be at, not only in cutting the said canal, erecting locks, and other works, for opening the said falls, and extending the navigation of the said river, but in maintaining and keeping the same in repair, the said canal and works, with all their appurtenances, shall be, and the same are hereby, vested in the said subscribers, their heirs and assigns, forever, as tenants in common, in proportion to the sums by them respectively subscribed, and that it shall and may be lawful for the said trustees and directors, from time to time, and at all times forever hereafter, to demand, recover, and take eight pence for every hundred weight of all commodities, except timber, plank, or staves, exported from or imported to, any place, above the mouths of the south and north branches of the said river Potowmack, four pence for every hundred pipe, three pence for every hundred hogshead, and two pence for every hundred barrel staves, and six pence for every hundred cubic feet of plank or timber, and for every hundred weight of such commodities, exported from, or imported to, any place below the said south and north branches of the said river, and above the mouth of Shannandoah, the sum of six pence, and three pence for every hundred pipe, two pence for every hundred hogshead, and one penny for every hundred barrel staves, and four pence for every hundred cubic feet of plank or timber; and for every hundred weight of such commodities, exported from, or imported to, any place below the mouth of Shannandoah river, the sum of three pence, and two pence for every hundred pipe, three half pence for every hundred hogshead, and one

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penny for every hundred barrel staves, and three pence for every hundred cubic feet of plank and timber, and so in proportion for a greater or lesser quantity; the said rates or duties, to be paid at such places, and in such manner, as the said trustees shall think proper, from time to time, to direct; and in case of refusal, or neglect of payment on demand, of such rates and duties, or any part thereof, to the said trustees, or the person, or persons, appointed receivers, they, the said trustees, shall and may sue for the same, in the name and manner above mentioned, or by petition, if the money demanded shall not exceed the sum of five pounds current money, or shall and may take possession of, and retain any goods or vessels, wherein the said goods or other things are carried, for which the said rates and duties are to be paid, until due payment thereof, together with reasonable charges for taking and detaining such distresses. And if such goods, or vessels, shall not be redeemed within four days after the taking thereof, they may, with a constable of any county adjoining the place where such refusal shall be made, who are hereby required to be aiding and assisting therein, cause the said goods or vessels, so retained, or some part thereof, to be appraised by two sworn appraisers, to be appointed by a justice of the peace of either of the said counties, to appraise the same truly and indifferently, according to the best of their judgments; and, after such appraisement, may sell the same, or any part thereof, for payment of such rate or duty, and the charges of such seizure, appraisement, and sale, leaving the overplus, if any, in the hands of the trustees, for the owner's use, and after deducting the several sums that shall have been expended in keeping the said canal, locks, and other works, in good and constant repair, removing all obstructions in the navigation thereof, so that the same may be rendered as useful as possible, and paying wages, or salaries, to such persons as it may be necessary to employ in the management of the same, it shall and may be lawful for the said subscribers, or the majority of them present, to proportion the balance remaining, and direct the payment and distribution thereof to and amongst the several subscribers, or proprietors, in proportion to the sums by them paid, or to their executors, administrators, or assigns.
VII. And for preventing any rude and disorderly person, navigating boats, or other vessels, in or upon the

penny for every hundred barrel staves, and three pence for every hundred cubic feet of plank and timber, and so in proportion for a greater or lesser quantity; the said rates or duties, to be paid at such places, and in such manner, as the said trustees shall think proper, from time to time, to direct; and in case of refusal, or neglect of payment on demand, of such rates and duties, or any part thereof, to the said trustees, or the person, or persons, appointed receivers, they, the said trustees, shall and may sue for the same, in the name and manner above mentioned, or by petition, if the money demanded shall not exceed the sum of five pounds current money, or shall and may take possession of, and retain any goods or vessels, wherein the said goods or other things are carried, for which the said rates and duties are to be paid, until due payment thereof, together with reasonable charges for taking and detaining such distresses. And if such goods, or vessels, shall not be redeemed within four days after the taking thereof, they may, with a constable of any county adjoining the place where such refusal shall be made, who are hereby required to be aiding and assisting therein, cause the said goods or vessels, so retained, or some part thereof, to be appraised by two sworn appraisers, to be appointed by a justice of the peace of either of the said counties, to appraise the same truly and indifferently, according to the best of their judgments; and, after such appraisement, may sell the same, or any part thereof, for payment of such rate or duty, and the charges of such seizure, appraisement, and sale, leaving the overplus, if any, in the hands of the trustees, for the owner's use, and after deducting the several sums that shall have been expended in keeping the said canal, locks, and other works, in good and constant repair, removing all obstructions in the navigation thereof, so that the same may be rendered as useful as possible, and paying wages, or salaries, to such persons as it may be necessary to employ in the management of the same, it shall and may be lawful for the said subscribers, or the majority of them present, to proportion the balance remaining, and direct the payment and distribution thereof to and amongst the several subscribers, or proprietors, in proportion to the sums by them paid, or to their executors, administrators, or assigns.

VII. And for preventing any rude and disorderly person, navigating boats, or other vessels, in or upon the

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same river, above tide water, from doing any damage, or committing any disorders, and for making the persons, having charge of such vessels, in that respect more careful, Be it enacted, by the authority aforesaid, That every person having charge of any boat, or vessel, shall be, and is hereby, made answerable and responsible for any damage or mischief that shall at any time, be done by his or their boat, or vessel, or by any persons belonging to or navigating any such boat, or other vessel, to any of the locks, banks, quays, or other works, to be made and erected for opening the said falls, and extending the said navigation, or for any trespass or damage which shall be done to the proprietors of any buildings, lands, tenements or premises adjoining near unto the same, otherwise than is provided for by this act. And the persons having charge of the said boat, or other vessel, shall and may be sued and prosecuted for the same, in any court of record within this colony, and, if found guilty, or if a verdict pass, or judgment be given, against him, her, or them, in any such case, the plaintiff shall recover his full costs.
VIII. And be it further declared and enacted, by the authority aforesaid, That the said works, when compleated, shall, forever thereafter, be esteemed and taken to be navigable, and that all the king's liege people whatsoever, with their goods and merchandizes, may have, and lawfully enjoy, their free passage in and through the said works, with boats, and other vessels, and also all necessary and convenient liberties for navigating the same, without any let, hindrance, or obstruction, of or from any person, or persons whatsoever, paying such rates and duties as are appointed by this act, to be paid to the said trustees and directors.
IX. Provided always, and be it enacted, That the lands and improvements through which any such canal shall be proposed to be cut, or whereon any lock, or other work, shall be thought necessary to be erected, in opening the falls, and extending the navigation of the said river, shall be first viewed and valued by a jury, to be impannelled and sworn by order of the court of the county where such lands and improvements lie, on application of the trustees, before such canal shall be cut, or other work erected, and that it shall be lawful for the said trustees,

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after paying to the owner, or, in case of the coverture or infancy of the owner, to the husband or guardian of the owner of such lands and improvements, the full amount of the valuation so made, as aforesaid, to cut through the lands and improvements, so valued, without the let, hindrance, or molestation of any person whatsoever, and the lands and improvements, so valued, shall be vested in the said trustees, and their successors, for the use of the said subscribers, and their heirs, forever. Provided nevertheless, That if any farther damage should arise to any proprietor of land, in consequence of the opening of such canal, than had been before considered and valued, it shall be lawful for such proprietor, as often as any such new damage shall happen, by application to the court of the county where the land shall lie, to have such farther damages valued by a jury, in like manner, and to receive and recover the same of the said trustees; and upon every such valuation the jury is hereby directed to describe and ascertain the bounds of the land so valued.
X. And to the end that the said trustees may be the better enabled to carry this act into execution, Be it further enacted, by the authority aforesaid, That it shall be lawful for the said trustees to set on foot a public lottery, to consist of twenty thousand tickets, to be rated and sold at five pounds, current money, each, of which said tickets eight thousand three hundred and eight shall be prizes, and eleven thousand six hundred and ninety two shall be blanks, which said prizes shall be estimated and proportioned as follows, viz. one prize of five thousand pounds, one prize of four thousand pounds, one prize of three thousand pounds, one prize of two thousand pounds, two prizes of one thousand pounds, each, one of which said one thousand pounds prizes shall be paid to the owner or owners of the last ticket which shall be drawn in the said lottery, two prizes of five hundred pounds, each, and eight thousand three hundred prizes of ten pounds, each, which said prizes amount, in the whole, to the sum of one hundred thousand pounds; and that the said trustees shall deduct, and retain in their hands, to be applied towards extending the navigation of the said river Potowmack, ten per cent. from the value of such prizes, and that it shall be lawful for the said trustees to sell and dispose of such tickets, to any person, or persons, who shall give bond, and good security, for the amount of such tickets,

after paying to the owner, or, in case of the coverture or infancy of the owner, to the husband or guardian of the owner of such lands and improvements, the full amount of the valuation so made, as aforesaid, to cut through the lands and improvements, so valued, without the let, hindrance, or molestation of any person whatsoever, and the lands and improvements, so valued, shall be vested in the said trustees, and their successors, for the use of the said subscribers, and their heirs, forever. Provided nevertheless, That if any farther damage should arise to any proprietor of land, in consequence of the opening of such canal, than had been before considered and valued, it shall be lawful for such proprietor, as often as any such new damage shall happen, by application to the court of the county where the land shall lie, to have such farther damages valued by a jury, in like manner, and to receive and recover the same of the said trustees; and upon every such valuation the jury is hereby directed to describe and ascertain the bounds of the land so valued.

X. And to the end that the said trustees may be the better enabled to carry this act into execution, Be it further enacted, by the authority aforesaid, That it shall be lawful for the said trustees to set on foot a public lottery, to consist of twenty thousand tickets, to be rated and sold at five pounds, current money, each, of which said tickets eight thousand three hundred and eight shall be prizes, and eleven thousand six hundred and ninety two shall be blanks, which said prizes shall be estimated and proportioned as follows, viz. one prize of five thousand pounds, one prize of four thousand pounds, one prize of three thousand pounds, one prize of two thousand pounds, two prizes of one thousand pounds, each, one of which said one thousand pounds prizes shall be paid to the owner or owners of the last ticket which shall be drawn in the said lottery, two prizes of five hundred pounds, each, and eight thousand three hundred prizes of ten pounds, each, which said prizes amount, in the whole, to the sum of one hundred thousand pounds; and that the said trustees shall deduct, and retain in their hands, to be applied towards extending the navigation of the said river Potowmack, ten per cent. from the value of such prizes, and that it shall be lawful for the said trustees to sell and dispose of such tickets, to any person, or persons, who shall give bond, and good security, for the amount of such tickets,

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so by him, her, or them, purchased, to be paid within ten days after finishing the drawing of the said lottery, and if such bonds shall not be then discharged, they shall bear interest from that time, and the said president, and a majority of the trustees, shall assign so many of such bonds to each of the fortunate adventurers as shall discharge the prize or prizes, by them respectively drawn, after deducting ten per cent. from such prizes, for the purposes aforesaid.
XI. And for the greater encouragement of those who shall subscribe liberally to this great, patriotic, and beneficial undertaking: Be it further enacted, by the authority aforesaid, That every person who shall subscribe one hundred pounds, or upwards, shall have a right to demand and receive of the said trustees, and the said trustees are hereby empowered and required to deliver, to every person subscribing one hundred pounds, or upwards, who shall demand the same, ten tickets for every hundred pounds, he, or she, shall subscribe, provided such person shall, upon the receipt to such tickets, give his, or her, bond, with security, to be approved of by the majority of the trustees, for the full value of the tickets so by him, or her, received, to be paid within ten days after finishing the drawing of the said lottery, which said bonds, when paid, shall be looked upon, deemed, and taken, as a satisfaction of so much of the said subscription money, as the value of the tickets so received shall amount to.
XII. And for the better preventing any frauds in the drawing of the said lottery, It is hereby further enacted, That the honourable William Nelson, Thomas Nelson, William Byrd, John Page, Peyton Randolph, Robert Carter Nicholas, Richard Bland, Benjamin Harrison, of Berkeley, Benjamin Waller, Charler [Charles] Carter, of Shirley, Archibald Cary, George Wythe, John Blair, and Patrick Henry, esquires, are appointed managers of the said lottery, to inspect the putting the numbers, blanks, and prizes, in to the respective wheels, and to see that the said lottery is fairly conducted and drawn, provided that the said managers shall first give bond for the due discharge of the trust reposed in them.
XIII. And be it further enacted, by the authority aforesaid, That as soon as the tickets are all disposed of, a majority of the trustees, for extending the navigation of the said river Potowmack, shall give notice thereof to the managers of the said lottery, who shall advertise,

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for six weeks, in the Virginia Gazette, the time of drawing the same, in some part of the capitol in the city of Williamsburg: Provided nevertheless, That if the said lottery shall not be drawn on or before the last day of November, in the year of our Lord one thousand seven hundred and seventy three, that then the said trustees shall deliver up, to be cancelled, all such bonds as have been by them taken, for the sale of the tickets, on the purchasers returning the tickets for which such bonds shall have been given, and the trustees may, in that case, proceed to set on foot any other scheme of a lottery, which they shall think most likely to be carried into execution. Provided that the sum to be raised by such lottery, for the purposes aforesaid, shall not exceed the sum of ten thousand pounds. Provided also, That each trustee, to be elected under this act, shall, before he enters upon the execution of the said trust, give bond to our sovereign lord the king, in the penalty of ten thousand pounds, for the due execution of his office: Provided also, That in case the lottery, set forth in this act, shall not be drawn on or before the said last day of November, which shall be in the year one thousand seven hundred and seventy three, it shall be then lawful for any person, who hath subscribed one hundred pounds or upwards, to reduce his or her subscription to one moiety of what such subscriber had subscribed in contemplation of such lottery, provided such subscriber shall give notice, in writing, to the president and trustees, of his intention of reducing his said subscription, on or before the first day of June, which shall be in the year of our lord one thousand seven hundred and seventy four.
CHAP. XXXII. An act to amend an act, intituled an [act] for clearing Mattapony river.
I. WHEREAS by an act passed in the twenty-seventh year of his late majesty king George the second, intituled An act for clearing Mattapony river, certain trustees were named and appointed to receive and lay out subscriptions for clearing the said river, most of whom are either dead, removed, or become	Act for clearing Mattapony river amended.

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so infirm as to be incapable of acting, so that a sufficient number cannot be convened to do business, or fill up the vacancies, as they are impowered to do by the said act: Be it therefore enacted, by the Governor, Council, and Burgesses, of this present General Assembly, and it is hereby enacted, by the authority of the same, That the honourable Richard Corbin, and John Page, esquires, and Edmund Pendleton, Walker Taliaferro, George Brooke, William Aylett, Anthony Thornton, John Armistead, William Nelson, junior, John Baylor, junior, and John Jones, gentlemen, be, and they are hereby constituted and appointed trustees for the purposes of the said recited act; and that they, or any five of them, shall have the same power and authority to receive and lay out the money, to be subscribed in clearing and keeping open the navigation of the said river to the falls thereof, as by the said act is given to the trustees to clear the said river to Burk's bridge, as also to do, or direct to be done, any other matter or thing which the former trustees were impowered to do by the said act.
II. And be it further enacted, That upon the death, removal, or refusal or disability to act, of any one or more of the trustees above mentioned, the surviving trustees, or the major part of them, shall elect one or more fit person or persons, in the room of him or them so dead, removed, refusing, or disabled; and the person or persons, so chosen, shall have the same power and authority as if they had been named in this act.
III. And whereas, by a clause in the said recited act, it is declared, that the charge of taking up and destroying any hedges and stone stops, or any part of them, that should be standing or remaining in the said river Mattapony, on the last day of July then next, or at any time thereafter, should be repaid to the said trustees by the person, or persons, to whose lands the said hedges or stops should be adjacent, or nearest, and the said person, or persons, were moreover made liable to the penalties imposed by the act of general assembly, made in the twenty second year of the reign of his said majesty, intituled An act for clearing rivers and creeks, which was adjudged necessary for the more effectual prevention of such obstructions to the navigation of the said river, but it would be highly reasonable to give the proprietor of the land a remedy for what he may suffer by the putting down such hedges or stops against

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persons who do the same, without the consent of such proprietor: Be it therefore further enacted, by the authority aforesaid, That where the charges of removing, or the penalty, shall be levied upon any proprietor of adjacent lands, according to the said recited act, for any hedge or stop put into the said river by any other person, or persons, without the consent in writing of such proprietor, it shall be lawful for such proprietor, by action on the case, to be commenced against such other person, or persons, in any court of record, to recover all the money or tobacco so paid for such penalty, or expence of removal, and all costs of suits; and if any defendant, or defendants, in such suit, upon recovery, shall not pay down the amount of the judgment, or give security for the payment thereof, with interest, at the end of three months, every such defendant shall receive, on his bare back, so many lashes as the court shall think proper to order, not exceeding thirty nine; and upon any such bond, the obligee, his executors, or administrators, shall be intitled to the same remedy on failure of payment as is provided in the case of bonds given to replevy estates, taken by execution.

CHAP. XXXIII.

An	act to explain and amend an act, intituled An act to oblige the owner's of mills, hedges, or stops, on the rivers therein mentioned, to make openings or slopes therein for the passage of fish.

I. WHEREAS by one act of assembly, passed in the tenth year of the reign of his present majesty, intituled An act to oblige the owners of mills, hedges, or stops, on the rivers therein mentioned, to make openings or slopes therein for the passage of fish, among other things, it is enacted, that the owner or proprietor of all and every mill dam, already erected on either of the rivers Rivanna or Hedgeman, should, before the first day of

Act to oblige, owners of mills on the Rivanna and Hedgeman rivers to make slopes, for passage of fish, explained.

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March, which should be in the year one thousand seven hundred and seventy-one, make a gate or slope, in or to their respective mill dams. And whereas doubts have arisen whether or not that part of the said recited act, which respects the Hedgeman river, does extend to such persons as have erected mill dams on the north fork of Rappahannock river, below the mouth of the said Hedgeman: Be it therefore enacted, by the Governor, Council, and Burgesses, of this present General Assembly, and it is hereby enacted, by the authority of the same, That from and after the passing of this act, the said recited act shall be construed, and is hereby declared, to extend to all owners or proprietors of mill dams, hedges, or stops, on the said north fork, and on the river Rappahannock, above the flowing of the tide of the said river, and below the mouth of the Hedgeman river aforesaid.
II. And whereas the slopes which have already been made, in the manner prescribed by the said recited act, have been found insufficient for the passage of fish: Be it enacted, by the authority aforesaid, That every slope to be hereafter made, on any of the rivers aforesaid, shall be ten feet wide, tightly built, and planked up the sides, so as to confine the water from spreading off the said slope, two feet in depth at least, and the length of every such slope shall be four times its perpendicular height, with basons therein, at eight feet distance from each other, sufficient to afford resting places for fish, in their passage up the said slope, and shall be fixed in the dam eighteen inches below the common height of the water, and contiguous to the deepest part of the river; and if, after such slope shall be built, any person shall presume to fish therein, or disturb or obstruct the fish in their passage up the same, such offender shall, for every offence, forfeit and pay the sum of twenty shillings, current money, to be recovered with costs, before any justice of the peace within this colony, where such offender shall be found, one moiety to the use of the parish, wherein such justice resides, and the other moiety to the informer, and where such offender shall fail to pay down the whole penalty aforesaid, with the cost, or give security for so doing at the laying of the next parish levy, such offender, so failing, shall, by order of the said justice, receive on his or her bare back any number of lashes, not exceeding thirty-nine, which the said justice shall think proper to inflict. Provided	In what manner slopes shall be made.

March, which should be in the year one thousand seven hundred and seventy-one, make a gate or slope, in or to their respective mill dams. And whereas doubts have arisen whether or not that part of the said recited act, which respects the Hedgeman river, does extend to such persons as have erected mill dams on the north fork of Rappahannock river, below the mouth of the said Hedgeman: Be it therefore enacted, by the Governor, Council, and Burgesses, of this present General Assembly, and it is hereby enacted, by the authority of the same, That from and after the passing of this act, the said recited act shall be construed, and is hereby declared, to extend to all owners or proprietors of mill dams, hedges, or stops, on the said north fork, and on the river Rappahannock, above the flowing of the tide of the said river, and below the mouth of the Hedgeman river aforesaid.

II. And whereas the slopes which have already been made, in the manner prescribed by the said recited act, have been found insufficient for the passage of fish: Be it enacted, by the authority aforesaid, That every slope to be hereafter made, on any of the rivers aforesaid, shall be ten feet wide, tightly built, and planked up the sides, so as to confine the water from spreading off the said slope, two feet in depth at least, and the length of every such slope shall be four times its perpendicular height, with basons therein, at eight feet distance from each other, sufficient to afford resting places for fish, in their passage up the said slope, and shall be fixed in the dam eighteen inches below the common height of the water, and contiguous to the deepest part of the river; and if, after such slope shall be built, any person shall presume to fish therein, or disturb or obstruct the fish in their passage up the same, such offender shall, for every offence, forfeit and pay the sum of twenty shillings, current money, to be recovered with costs, before any justice of the peace within this colony, where such offender shall be found, one moiety to the use of the parish, wherein such justice resides, and the other moiety to the informer, and where such offender shall fail to pay down the whole penalty aforesaid, with the cost, or give security for so doing at the laying of the next parish levy, such offender, so failing, shall, by order of the said justice, receive on his or her bare back any number of lashes, not exceeding thirty-nine, which the said justice shall think proper to inflict. Provided

In what manner slopes shall be made.

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always, That the several owners or proprietors of mill dams, already erected on the said north fork, and river Rappahannock, shall and are hereby declared to be free and exempt from all penalties and forfeitures for failing or neglecting to build such gates or slopes, which offenders, of the like nature, are, by the said recited act, subjected to, till from and after the first day of March, which shall be in the year of our Lord one thousand seven hundred and seventy-three.

CHAP. XXXIV.

An	act to amend an act, intituled An act to amend an act, intituled An act to oblige the owners of mills, hedges, or stone stops, on sundry rivers therein mentioned, to make openings or slopes therein for the passage of fish, and for other purposes therein mentioned.

I. WHEREAS by an act of assembly, made in the first year of his majesty's reign, intituled An act to oblige the owners of mills, hedges, or stone stops, on sundry rivers therein mentioned, to make openings or slopes therein for the passage of fish, which was amended by one other act, passed for that purpose, in the third year of his said majesty's reign, hath been found defective, and not to answer the end for which it was intended: Be it therefore enacted, by the Governor, Council, and Burgesses, of this present General Assembly, and it is hereby enacted, by the authority of the same, That all and every owner, or proprietor, of any mill, already built, or hereafter to be built, on Meherrin river, below the fork, shall, within nine months, from and after the passing hereof, build and erect, or cause to be built and erected, a good and sufficient slope in his, her, or their mill dam, in the manner and form following, that is to say, that a gap be cut in the top of

Act to oblige owners of mills on Meherrin and Nominy rivers, to make openings or slopes for passage of fish, amended.

Description of slopes.

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the dam, contiguous to the deepest part of the water below the said dam, in which shall be set a slope, ten feet wide, and so deep that the water may run through it eighteen inches before it will through the waste, or over the dam; that the direction of the said slope be so, as with a perpendicular, to be dropped from the top of the dam, will form an angle of at least seventy five degrees, and to continue in that direction to the bottom of the river, below the dam, to be planked up the sides two feet high; that there be pits, or basons, built in the bottom, at eight feet distance, the width of the said slope, and to be twelve inches deep, and that the whole be tight and strong, which said slope shall be kept open from the tenth day of February to the first day of May, annually; and if any owner, or proprietor, shall neglect or refuse so to do, within the times aforesaid, every such owner, or proprietor, shall forfeit and pay the sum of five pounds for every twenty four hours, he, or they, shall so neglect or refuse, one moiety to our sovereign lord the king, his heirs, and successors, for the use of the poor of the parish, or parishes, where the offence shall be committed, and the other moiety to the informer, to be recovered by action of debt or information, in any court of record within this colony.
II. And whereas it hath been further represented, that divers unfair practices have prevailed of erecting fish dams, hedges, and other stops in the said river, and also in the river Nomony, and extending and fixing seines, and drags, across the same: Be it therefore enacted, by the authority aforesaid, That every owner, or proprietor, of lands, on the said rivers, shall, before the first day of February next, abate and throw down such fish dams, hedges, and other stops, as may have been heretofore erected, adjacent to their respective lands, and that it shall not, hereafter, be lawful for any person to erect, or cause to be erected, on the said rivers, or either of them, any fish dam, hedge, or other stop, or fix any seine, or drag, across the same; and if any owner, or proprietor, of lands, or any other person, shall fail to abate and throw down any such fish dam, hedge, or stop, already erected in the said rivers, adjacent to their lands, as aforesaid, or shall hereafter erect, or cause to be erected, any fish dam, hedge, or other stop, therein, or shall fix any seine, or drag, across the same, every such person, os offending, shall forfeit and pay, for every such offence, the sum of five pounds,

the dam, contiguous to the deepest part of the water below the said dam, in which shall be set a slope, ten feet wide, and so deep that the water may run through it eighteen inches before it will through the waste, or over the dam; that the direction of the said slope be so, as with a perpendicular, to be dropped from the top of the dam, will form an angle of at least seventy five degrees, and to continue in that direction to the bottom of the river, below the dam, to be planked up the sides two feet high; that there be pits, or basons, built in the bottom, at eight feet distance, the width of the said slope, and to be twelve inches deep, and that the whole be tight and strong, which said slope shall be kept open from the tenth day of February to the first day of May, annually; and if any owner, or proprietor, shall neglect or refuse so to do, within the times aforesaid, every such owner, or proprietor, shall forfeit and pay the sum of five pounds for every twenty four hours, he, or they, shall so neglect or refuse, one moiety to our sovereign lord the king, his heirs, and successors, for the use of the poor of the parish, or parishes, where the offence shall be committed, and the other moiety to the informer, to be recovered by action of debt or information, in any court of record within this colony.

II. And whereas it hath been further represented, that divers unfair practices have prevailed of erecting fish dams, hedges, and other stops in the said river, and also in the river Nomony, and extending and fixing seines, and drags, across the same: Be it therefore enacted, by the authority aforesaid, That every owner, or proprietor, of lands, on the said rivers, shall, before the first day of February next, abate and throw down such fish dams, hedges, and other stops, as may have been heretofore erected, adjacent to their respective lands, and that it shall not, hereafter, be lawful for any person to erect, or cause to be erected, on the said rivers, or either of them, any fish dam, hedge, or other stop, or fix any seine, or drag, across the same; and if any owner, or proprietor, of lands, or any other person, shall fail to abate and throw down any such fish dam, hedge, or stop, already erected in the said rivers, adjacent to their lands, as aforesaid, or shall hereafter erect, or cause to be erected, any fish dam, hedge, or other stop, therein, or shall fix any seine, or drag, across the same, every such person, os offending, shall forfeit and pay, for every such offence, the sum of five pounds,

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to be recovered and appropriated as is above directed; and if, after any recovery of the penalty last mentioned, such offender shall fail forthwith to abate and throw down such fish dam, hedge or other stop, erected, in either of the said rivers, that then, and so, from time to time, till the same shall be abated and thrown down, he shall be and continue subject to the like penalties and forfeitures, to be recovered and appropriated in the same manner.

III. And be it further enacted, by the authority aforesaid, That all and every other act, and acts, clause and clauses, heretofore made, for or concerning any matter, or thing, within the purview of this act, shall be and are hereby repealed.

CHAP. XXXV.

An	act for appointing trustees to regulate the making of slopes for the passage of fish in the mill dams within the county of Bedford.

WHEREAS it is represented by the inhabitants of the county of Bedford, that the passage of fish is greatly obstructed by means of several mills erected within the said county, and on Black Water, the boundary line thereof, without proper openings, or slopes, in the dams, and the said inhabitants have petitioned this general assembly, that trustees may be appointed for regulating such slopes: Be it therefore enacted, by the Governor, Council, and Burgesses, of this present General Assembly, and it is hereby enacted, by the authority of the same, That John Talbot, Charles Lynch, James Calloway, John Quarles, Guy Smith, Gross Scruggs, William Trigg, Isham Talbot, and John Anthony, gentlemen, be, and they are hereby appointed trustees for carrying this act into execution. And they, the said trustees, or any five of them, from and after the passing hereof, shall and may, and they are hereby authorised and required, to direct in what manner, and within what

Trustees appointed to regulate the making of slopes for the passage of fish in the mill dams in the county of Bedford.

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time, the slope, or opening, left for the passage of fish, in any mill dam already erected within the said county, or on Black Water, and for what part of the year, the same shall be kept open, which direction the said trustees shall deliver, or cause to be delivered, in writing, to the owner or proprietor of such mill, within ten days from the time they shall adjudge such slope, or opening, necessary. And where any mill, or mills, shall hereafter be built within the said county, or on Black Water aforesaid, the said trustees shall likewise direct in what manner, the slopes, or opening, for the passage of fish shall be made, and for what time of the year kept open. Provided nevertheless, The said trustees shall not, and are hereby declared not to have power or authority to cut, or direct to be cut, in any mill dam heretofore built, or hereafter to be built, any slope, or opening, more than ten feet wide, nor more than eighteen inches deep in the top of any such mill dam, and shall give such notice and directions, in writing, to the owner or proprietor, as aforesaid. And if any such owner, or proprietor, of such mill, or mills, shall neglect or refuse to comply with such directions, within three months after receiving the same, the person, or persons so offending, shall forfeit and pay the sum of five pounds, for every day he, she, or they shall so neglect or refuse; one moiety of which shall be to the use of the parish within the said county, and to be applied towards lessening the levy of the same; and the other moiety to the informer, to be recovered with cost, by action of debt, in any court of record within this colony. Provided always, That if any person shall conceive him or herself to be injured by the order and directions of the trustees as aforesaid, it shall and may be lawful for the person so injured, to appeal to the next court to be held for the [said] county of Bedford, which court shall and may, and is hereby required, to affirm or reverse such order, or to make such other order thereupon as to them shall seem just.

time, the slope, or opening, left for the passage of fish, in any mill dam already erected within the said county, or on Black Water, and for what part of the year, the same shall be kept open, which direction the said trustees shall deliver, or cause to be delivered, in writing, to the owner or proprietor of such mill, within ten days from the time they shall adjudge such slope, or opening, necessary. And where any mill, or mills, shall hereafter be built within the said county, or on Black Water aforesaid, the said trustees shall likewise direct in what manner, the slopes, or opening, for the passage of fish shall be made, and for what time of the year kept open. Provided nevertheless, The said trustees shall not, and are hereby declared not to have power or authority to cut, or direct to be cut, in any mill dam heretofore built, or hereafter to be built, any slope, or opening, more than ten feet wide, nor more than eighteen inches deep in the top of any such mill dam, and shall give such notice and directions, in writing, to the owner or proprietor, as aforesaid. And if any such owner, or proprietor, of such mill, or mills, shall neglect or refuse to comply with such directions, within three months after receiving the same, the person, or persons so offending, shall forfeit and pay the sum of five pounds, for every day he, she, or they shall so neglect or refuse; one moiety of which shall be to the use of the parish within the said county, and to be applied towards lessening the levy of the same; and the other moiety to the informer, to be recovered with cost, by action of debt, in any court of record within this colony. Provided always, That if any person shall conceive him or herself to be injured by the order and directions of the trustees as aforesaid, it shall and may be lawful for the person so injured, to appeal to the next court to be held for the [said] county of Bedford, which court shall and may, and is hereby required, to affirm or reverse such order, or to make such other order thereupon as to them shall seem just.

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Pages 546-563 ======

Pages 587-607

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