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any such new damage shall happen, by application to and a warrant from any two justices of the county where the lands lie, to have such farther damage valu. ed by a jury in like manner and to receive and reco. ver the same of the said president and directors. But pothing herein shall be taken or construed to entitle the proprietor of any such land to recover compensation for any damages which may happen to any mills, or other works, or improvements which shall be begun or erected by such proprietor after such first valuation, unless the said damage is wilfully or maliciously done by the said president and directors, or some person by their authority.
XV. And be it enacted, That the said president and directors or a majority of them are hereby authorized to agree with the proprietor or proprietors for the purchase of a quantity of land not exceeding one acre, at or near the place of the receipt of tolls aforesaid for the purpose of erecting necessary buildings, and in case of disagreement or any of the disabilities aforesaid, or the proprietor being out of the state, then such land may be valued, condemned, and paid for as aforesaid, and the said company shall on payment of the valuation of the said land be seised thereof in fee-simple as aforesaid.
XVI. And whereas it is represented that the waters of the lake in the Dismal Swamp commonly called Drummond's Pond, may be useful for a supply of wa. ter to the said canal,
XVII. Be it enacted, That the said lake, so far as the waters thereof shall be necessary for the purpose aforesaid, shall be and is hereby vested in the proprietors of the said canal, and it shall and may be lawful for the said president and directors or a majority of them, to open, if they shall find it expedient, a cross canal from the lake to the principal canal for the purpose of drawing from thence a supply of water, and for executing this work and keeping it in repair, they shall have the same powers which they are authorized toexercise in opening the principal caval. And it shall not be lawful for any person whatsoever so to cut off or divert the courses of those waters, which now flow from the westward into the said lake as to prevent their continuing to fall into it.
XVIII. And whereas some of the places through which it may be necessary to conduct the said canals may be convenient for erecting mills and other water works, and the persons possessors of such situations may design to improve the same, and it is not the intention of this act to interfere with private property but for the purpose of improving and perfecting the said navigation:
XIX. Be it enacted, That the water or any part ihereof conveyed through the said 'canals shall not be used for any purpose but navigation, unless there shall be sufficient to answer both the purposes of navigation and water works aforesaid, in which case the said president and directors, or a majority of them, ale hereby empowered and directed to enter into reasonable agreements with the proprietors of such situations concerning the just proportion of the expences of making the canals capable of carrying such quantities of water as may be sufficient for the purposes of navigation and also for any such water works as aforesaid.
XX. And whereas the said canals may be of great utility in affording the means of draining the sunken lands through which they pass.
XXI. Be it enacted, That it shall and may be lawful for the proprietors of the said adjacent sunken lands to open cross ditches into the said canals, provided, that these cross ditches shall not be within less than one mile of one another on the same side of the canals, and be covered where they pass through the causeways with good bridges of the breadth of the causeways at the expence of the persons cutting them, and also be so constructed that the water may be entirely prevented passing through them into the canals at any time, when this shall be necessary. And the works occasioned by these cross ditches, except the bridges, shall be kept in repair at the expence of their proprietors.
XXII. And be it enacted, That it shall and may be lawful for every of the said proprietors to transfer his share or shares by deed executed before two witnesses, and registered after proof of the execution thereof in the said company's books and not otherwise, except by devise, which devise shall also be exhibited to the president and directors, and registered in the company's Von. XII,
books before the devisee or devisees shall be entitled to draw any part of the profits from the said tolls. Provided, That no transfer whatsoever shall be made, except for one or more whole share or shares, and not for part of such shares, and that no share shall, at any time, be sold, conveyed, transferred, or held in trust for the use and benefit, or in the name of another, whereby the said president and directors, or proprietors of the said company or any of thein sha!! ci may be challenged or made to answer concerning any such trust, but that every such person appearing as aforesaid to be a proprietor, shall, as to the others of the said company be to every intent taken absolutely as such, but between any trustee and the person for whose benefit any trust shall be created the common remedy may be pursued.
XXII. And whereas it hath been represented, that sundry persons are willing and desirous on account of the public advantage, and also the improvement their estates may receive thereby, to promote and contribute towards so useful an undertaking and to subscribe sums of money to be paid on condition the said works are completed and carried into execution, but do not care to run any risque, or desire to have any property therein:
XXIV. Be it therefore enacted, That the said president and directors shall be, and are hereby empowered to receive and take in subscriptions on the said conditions, and on the said works being completed and carried into execution according to the true intent and meaning of this act, that it shall and may be lawful for the said president and directors, or a majo. rity of them, in case of refusal or neglect of payment, in the name of the company as aforesaid, to sue for and recover of the said subscribers, their heirs, executors, or administrators, the sums by them respectively subscribed, by action of debt, or on the case in any court of record within this state.
XXV. And be it enacted, That if the said capital and the other aids already granted by this act shall prove insufficient, it shall and may be lawful for the said company from time to time to increase the said capital by the addition of so many more whole shares, as shall be judged necessary by the said proprietors or a majority of them holding at least one hundred and
eighty shares present at any general meeting of the said company. And the said president and directors, or a majority of them, are hereby empowered and required after giving at least one month's notice thereof in the North Carolina and Virginia gazettes, lo open books at the before mentioned places for receiving and entering such additional subscriptions, in which the proprietors of the said company for the time being shall and are hereby declared to have the preference of all others for the first thirty days after the said books shall be opened as aforesaid, of taking and subscribing for so many whole shares as any of them shall choose. And the said president and directors are hereby required to observe in all other respects the same rules therein as are by this act prescribed for receiving and adjusting the first subscriptions, and in like it;?er to return under the hands of any three or mij them an exact list of such additional subscris bors with the sums by them respectively subscribed into the courts as aforesaid, in be there recorded. And all proprietors of such additional sums shall and are hereby declared to be from thence forward incarporated into the said company.
XXVI. And it is hereby declared and enacted, That the tolls herein before allowed to be demanded and received, are granted and shall be paid on condition only, that the said Dismal Swamp Canal Coopiny shall make the canal thirty two feet wide, ani! pight feet in depth below the surface of the earth, and rapable of being navigated in dry seasons by vessels d'awing three feet water, from Deep Creek near Tucker's mill in Virginia to the highest good navigation for vessels of the aforesaid draft in Pasquotank river in North Carolina, with sufficient locks each of ninety feet in length and thirty two feet in breadth, and capable of conveying vessels drawing four feet water at ihe least, and that each of the causeways shall be twenty feet in breadth.
XXVII. And it is hereby enacted and provided, That in case the said company shall not begin the said work within one year after the company shall be formed, or if the said company shall not complete the navigation and works as aforesaid within ten years after the said company shall be formed, then shall all interest of the said company and all preference in their favour, as to the navigation and tolls of the said canals and causeways, be forfeited and cease.
XXVIII. Aod whereas at a meeting of commissioners appointed by the states of North Carolina and Virginia to agree on the form of an act for cutting the said canal, and for regulating the commerce which may be carried on through it between the citizens of the two states, to wit: Archibald Maclaine, William M•Kenzie, James Galloway, and John Stokes, esquires, on the part of North Carolina, and Robert Andrews and Jolin Cowper, esquires, on the part of Virginia, at Fayette-Ville, in the state of North Carolina, on the twelfth day of December in the year of our Lord one thousand seven bundred and eighty six, the following compact was mutually agreed to by the said commissioners: First. The state of Virginia agrees that the waters of Elizabeth river from the said canal to the mouth thereof, the waters of Hampton road and of Chesapeake bay to the capes, and also Roanoke river wherever it is in Virginia, shall be forever considered as a common highway free for the use and navigation of all vessels belonging to the state of North Carolina or any of its citizens, and that they shall not be therein subject to the payment of any toll or charge whatever, imposed for the purpose of raising a revenue. Secondly. The state of Virginia agrees that no restriction, duty, or impost, shall be laid on any commodity, which is the growth, produce, or manufacture, of the state of North Carolina, brought ihrough the said canal or over the said causeways for sale or exportation, and that the same may be exported without reinspection. Thirdly. The state of Virginia agrees that when any imported goods shall within five months afier entry be exported through the said canal or over the said cause-ways into the state of North Carolina in packages, bales, or casks, as imported, the duties thereof shall be remitted or repaid as the case may be to the exporter, on his producing within six months after the aforesaid entry the certificale of the naval officer of the district of North Carolina, into which the said canal enters, that the said goods have been entered there. Fourthly. The state of North Carolina agrees that the waters of Roanoke river, Meherrin, Nottaway, Chowan, Albemarle Sound, as low as the mouth of Pasquotank river, and of Pas