be president and directors in the room of him or them so dying, removing, resigning or becoming incapable of acting, and may at any of their general meetings remove the president or any of the directors and appoint others for and during the remainder of the term for which such person or persons were at first to have acted. VII. And be it enacted, That every president and director, before he acts as such, shall take an oath or affirmation for the due execution of his office. VIII. And be it enacted, That the presence of proprietors having one hundred and eighty shares at least, shall be necessary to constitute a general meeting, and that there be a general meeting of proprietors on the first Mouday in September in every year, at such convenient town, as shall from time to time be appointed by the said general meeting; but if a sufficient number should not attend on that day, the proprietors who do attend may adjourn such meeting from day to day, till a general meeting of proprietors shall be had, which may be continued from day to day until the business of the company is finished, to which meeting the president and directors shall make report, and render distinct and just accounts of all their proceedings, and on finding them fairly and justly stated, the proprietors then present or a majority of them shall give a certificate thereof, a duplicate of which shall be entered on the said companies books; and at such yearly general meetings, after leaving in the hands of the treasurer such sum as the proprietors or a majority of them shall judge necessary for repairs and contingent charges. An equal dividend of all the nett profits arising from the tolls hereby granted shall be ordered and made to the proprietors of the said company in proportion to their several shares; and on any emergency in the interval between the said yearly meetings, the president or a majority of the directors may appoint a general meeting of the proprietors of the company at any convenient town, giving at least one months previous notice in the North Carolina and Virginia Gazettes, which meeting may be adjourned and continued as aforesaid. IX. And be it further enacted, That for and in consideration of the expences the said proprietors will be at, not only in cutting the said canal, erecting locks, making causeways and performing other works necessary for this navigation, but in maintaining and keeping the same in repair, the said canal, locks, causeways, and other works, with all their profits, shall be and the same are hereby vested in the said proprietors, their heirs and assigns for ever, as tenants in common in proportion to their respective shares, and the same shall be deemed real estate, and be forever exempt from the payment of any tax imposition or assessment whatsoever, and it shall and may be lawful for the said president and directors at all times for ever hereafter to demand and receive at some convenient place near one of the extremities of the canal, for all commodities transported through it or over the causeways, tolls, according to the following table and rates which shall be in Spanish milled dollars, to wit: Every cask of linseed oil or spirits of tur-«« pentine, the same as molasses, Every ton of hemp, flax, pot ash, or bar iron, 36 72nds. Every ton of pig iron or castings, Every ton of stone or iron ore other than the ballast of the vessel, Every chaldron of coals, Every hundred bushels of lime or of shells, 20 72nds. Every thousand of bricks or tiles, Every hundred of pipe staves, 30 72nds. 6 72nds. Every hundred of hogshead staves or pipe 4 72nds. or hogshead heading, Every hundred of barre! staves or barrel heading, 3 72nds, scantling, Every hundred cubic feet of all other 30 72nds. timber, Every hundred pounds of brown or clay ed sugar, All other produce, goods, wares, or merchandize, one fourth per centum, Every boat or vessel exceeding one ton burthen which has not commodities on 3 72nds. board to yield so much (except an emp-40 72nds. ty boat or vessel returning, whose load has already paid the toll, in which case she is to repass free of toll.) Every canoe, boat, or vessel, under one ton burthen which has not commodities on board to yield so much except as in the preceding article excepted. Every man (except foot travellers, who shall pass toll free) horse, ox in draft, and wheel passing the causeways (except the loads they carry yield so much, or empty waggons or carts returning, whose load has paid the toll.) Every head of black cattle, Every hog, 18 72nds. 6 72nds. 3 72nds. 1 72nds. Every sheep, 2 288ths. 12 72uds. X. All produce, goods, wares, or merchandize, passing the causeways shall be subject to the same toll, as goods passing through the canal; but which tolls though chargeable in Spanish milled dollars may be paid in other silver or in gold coin of the same value. And in case of refusal to pay the tolls at the time of offering to pass the place aforesaid, and previous to passing the same, the collector of the said tolls may lawfully refuse passage to whatever refuses payment, and if any vessel, waggon, or cart, shall pass without paying the toll, then the said collector may seize such vessel, waggon, or cart, wherever found and sell the same at auction for ready money, which, so far as is necessary, shall be applied towards paying the said toll, and all expences of seizure and sale, and the balance, if any, shall be paid to the owner, and the person having the direction of such vessel, waggon, or cart, shall be liable for such toll, if the same is not paid by the sale as aforesaid. Provided, That the said proprietors or a majority of them holding at least one hundred and eighty shares, shall have full power and authority, at any general meeting, to lessen the said tolls or any of them, or to determine that any article may pass free of toll. XI. And be it enacted, That the said canal and works to be erected thereon in virtue of this act, and the causeways, when completed, shall forever thereafter be esteemed and taken as public highways, free for the transportation of all goods, wares, commodities, or produce whatsoever; and for travelling on payment of the tolls imposed by this act, and no other toll or tax whatever for the use of the water of the said canal and the works thereon erected, or the causeways, shall at any time hereafter be imposed by both or either of the said states, subject nevertheless to such regulations as the legislatures of the said states may concur in, to prevent the importation of prohibited goods, or to prevent fraud in evading the payment of duties imposed in both or either of the said states on goods imported into either of them. XII. And whereas it is necessary for the making of the said canal, locks, causeways, and other works, that a provision should be made for condemning a quantity of land for the purpose, XIII. Be it enacted, That it shall and may be lawful for the said president and directors, or a majority of them to agree with the owners of any land, through which the said canal is intended to pass, for the purchase thereof, and in case of disagreement, or in case the owner thereof shall be a feme covert, under age, non-compos, or out of the state; on application to any two justices of the county in which such land shall lie, the said justices shall issue their warrant under their hands to the sheriff of their county to summon a jury of eighteen inhabitants of his county of property and reputation, not related to the parties nor in any manner interested, to meet on the land to be valued at a day to be expressed in the warrant, not less than ten nor more than twenty days thereafter, and the sheriff, on receiving the said warrant shall forthwith summon the said jury, and when met, provided that not less than twelve do appear, shall administer an oath or affirmation to every juryman that shall appear, "That he will fairly, justly, and impartially value the land (not exceeding the width of three hundred feet) and all damages the owner thereof shall sustain by cutting the canal through such land, according to the best of his skill and judgment, and that in such valuation he will not spare any person through favour or affection, nor any person grieve through malice, hatred or ill will." And the inquisition thereon taken shall be signed by the sheriff and some twelve or more of the jury, and returned by the sheriff to the clerk of his county, to be by him recorded, and on every such valuation the jury is hereby directed to describe and ascertain the bounds of the land by them valued, and their valuation shall be conclusive on all persons, and shall be paid by the said president and directors to the owner of the land or his legal representatives, and on payment thereof the said company shall be seized in fee of such land as if conveyed by the owner to them and their successors by legal conveyance. XIV. Provided nevertheless, That if any farther damage shall arise to any proprietor of land in consequence of opening such canal or in erecting such works, than had been before considered and valued, it shall and may be lawful for such proprietor as often as |