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An Act to facilitate and open the Navigation of Neuse River, from Benjamin Smith's Falls, in Johnston county, to Newbern, and for other purposes. 1811 18 (1811)

handle is hein.slavery/ssactsnc0018 and id is 1 raw text is: 'LAWS OF NORTit-CNRALINA; ,-,-crease their capital by the addition of so many whole'shares as shall be judged necessary by the proprie- tors, members of such Company, or a majority ofthem, whoshall be preseut at any-general meeting: and the said President and Directors or a majority of-them, are hereby empowered and required, after giving at least one monih's notice' thereof in, thd Virginia and -North-Carolina Gazettes, to open books at the before-mentioned places, for-receiving and entering such-additIonal subscriptions, in which the proprietors 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 sormany whole shares as any-of them shidllchoose: -And'the-said President and -Directors are hercby required to observe in all other respects, the same rules therein- as are by this act presci'ibed for receiving and adjusting the first subscriptions, and in like manner to return under -the hands of any three or more of them, an exact list of such aklitional subscribers, with theums by them respectively subscribed, ieto the Courts aforesaid, to be there recorded ; and all proprietors of such additional sums shall and are hereby declared to tre from thence-forward incorporated into the said company. X VIl. And be itfurther enacted, That Peter Woodhif, Eaton Ptigh, and Francis Janes, Esquires, are appointed Commissioners to act with three Commissioners to be appoluted by the State of-Virgi- nia, to contract with an Engineer ; and in case of the dvath or a moval of any one of the ibove-named Commissioners, the vacancy shall be supplied by the appointment of the Executive. XIX. And itis hereby declared and enacted, 'T hat the tolls herein before allowed to be demanded and received are granted and shall be paid on condition only that the said Company -shall make the resptc. tive Canals each twenty feet wide, and such depth below the surface of the earth as will reider the m na. vigable in dry seasons, by vessels drawing three feet water, with sufficient lucks where the same shall be necessary. XX. And it is hereby enacted and provided, That in case'the said Company shall not begin the said woi ks in one year from and after the closing of their boo-ks for receivirg subscriptions, oi if the said Company shall not complete the navigation and works as aforesaid willan tc n yars after closit.g the said books as aforesaid, then shall all the interest of the said Company so failg and all prefere nce in its favour as to the navigation and tolls of the Canals to be opened by it as aforesaid, be forfeited and cease: Provided, That if the said Company shall at the expiration of the said ten years have cc mpkted two-thirds of the said Carals, they shall have a further time of three years f( r finishirg tle san e. Eve. ry part or parts of any acts of Assembly which come within the purvicw nud meanih g of this act shall be and the same are hereby repealed. Tlhis act shall commence and be in fc Le from and after the pass. ing of a like act by the General Assembly of Virginia, and the faith and honour of this state are hereby solemnly pledged and engaged to the General Assembly of the state of Virginia and the government and citizens thereof, that this law shall never be repealkd by, the Legislature of this state without- the --aosent of the state of Virg:nia. CHAP. XXVI. -n Act to facilitate and open the Navigation of Neuse tiver, from Benjamin Smith's Falls, in Johnston county, to Newbern, and for other purposes. WHEREAS the inhabitants living near said river would derive great advantages by renderirg said river navigable for boats, capable of carryirg their naval stor s to market without experikncing the de. -ays and losses conitequent on the presvnt obstructed navigation of said river: BE it enacted by the General Assembly of the State of North Carolina, and it is hereby -nacted by the au. thority of the same, That from and after the passing of this act. James Deans, Probert Col'ier, Nicholas Washington, Jesse Slocumb and John Coor Pender, of Wayne county. John Atkinson, Joseph Boon, sen'r. Edwin Smith, John Williams and Samuel Norsworthy, f Johnston county, are heteby declared to be a body corporate, by the name of The Neuse River:Navigation Company, aud by-that name shall be callable to sue and be sued, plead and be impleaded before any jurisdiction having cognizance thereof, and that they elect and appoint all officers necessary, and from time to time make such rules, regulatoins and bye-laws, for the management and conducting the said navigation, as they may deem expedient: Provided, however, Ihat such shall not be repugnant to or inconsistent with the Laws and Constitution of this State or of the United States. 1. And be it further enacted, That the aforesaid Neuse Riveri Navigation Company are herby vest. ed with full power and authority to raise by way of Lottery any sum not exceeding five thousa-d dol. Jars, to be applied in opening the navigation of said river as-aforesaidi by such scheme as the aforesaid Commissioners, or a majority, may think proper to devise. III. And be itfurthier enacted, That in case of death, refusal to bct or removal of any of the aforesaid Commissoners appointed by this act, the remaining.Commissloners are hereby fully authorised and emiowered to appoint others to fill such vacancies, who are hereby vested with the same powers as those by this act appointed. IV. And be it further enacted, That before the aforesaid Neus& River Navigatioi Company shall sell, or cause to be sold, any tickets by virtue of the authority hereby granted, they or a majority of them shall give bond with two sufficient free-holders security, pa:tble to the Governor for the tirre being and his successors in oflice, conditioned to be void on due and faithful discharge of the trust hereby reposud in them-that is to say, the said Lottery shall be faithfully conducted, and the money so raised they shall faithfully account for, and to pay to every fortunate adventurer in said Lottery the prizes which he, she or-they may draw therein on demand, subject, however; to such d ductions and restric. tions as the said Commissioners shall make in the publication of the scheme of said Lott r ; which bind shall be filed with the Clerk of the Superior Court of Johnston county, who shall keep the same as a part of his records of said Court, and any person thereby aggrieved may bring suit on said bond with. out assignment, in the name of the Goternor and may recover damages accordingly. V. And be it further enacted, That as soon as the said Company shall have comIpleated the naviga. ti )n of said river as aforesaid, it shall becomet a public highwayi and-the County Courts of Johnston, Warryne, Lenoir and Craven shall appoint such number of hands and overseers to work thereon to keep ihe same clear and navigable as thty may deem necessary;. at d the said Company shalt render a correct statement of the money expenled thereon to the t'lrk of the Superior Court of Johuston ceunty, NNho !.Al file the sakhe in his ofhce and keep it t part of his records of said Court. Digitized from Best Copy Available

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