Martinsburgh gazette. [volume] (Martinsburgh, Va. [W. Va.]) 1810-1825, 1823-05-29

the Potomac Company shalt have declared i,
assent to the provisions OF this act IN the man
ner herein before provided, 1t shalt be lawtl
. tor the sad Company to surrender its charter
and convey, in due form of law to the Potomac
Canal Company, hereby INCORPORATED, all n,
property. rights, and privileges, by them own
ed, possessed, and enjoyed. Under the same
and thereupon il shall be lawful to and for The
sad Company, hereby proposed to be created
20 accept such surrender aud transfer, and tl
hoid, possess, use. and occupy, all the said pro.
perry, rights, and privileges, in,the same man
ner, and TO thesa,De effect as the said Polo.
mac CoFap2ny now hold, possess. and occupy,
the same by Law and thereupon the charter
OF the said Polomac Company Shall be, and the
same is hereby. vacated aad annuled, and ali
| the rights aud powers thereby granted TO the
| fotomsc Company shall be vested IN the Com.
psay hereby Incorporated and It shall be
| the. duty Of the said last mentioned Company,
until every section ofthe contemplated, canal
| shall be completed, so rs TO he used and
I enjoyed for the purposes Of navigation, to
keep the corresponding part of the river in a
| proper state for navigation. and in good order.
as the same now is; aud in default thereof, they
shall be, IN all things. responsible, in the same
manner as the Potomac Company, is now re-
| sponsible.
Sec. IL. Ind be if enacted, That the said
canal and the works to be erected thereon.
in virtue Of this act, when completed, shall
forever thereafter be esteemed and taken to
be navigable. as publae highway free for
the transportation OF all goods, commodities,
and produce whatever, on payment Of the tolls
TO be imposed as provided BY this act and no
other TOLL or tax whatever, for the use OF the
said canal, and the works thereon erected,
shall at any time hereafter be imposed, but by
consent OF the sad states Virginia and Mary
land -,
See. IL. And whereas ii is necessary for
the making the said canal locka, and ether
works, that a provision should be made for
ccndemnlng quantity olland for the purpose
BE u enacted, That it shall aud may be lawful
for the said President and Directors, or ma
| Jorlty OF them, 70 agree, with the owners OF
any land through which the said canal is l;nd-
cd to pass. for the purchase or use and ocoupa-
ton thereof, aud in case of disagreement, or
in case the owner thereof Shell be femme
covert under age, non compos, or out of the
state, on application 70 justice OF the county,
in which such land shall be, tae said justice OF
the peace shall issue his warrant under his hand
to the Sheriff Of the county, to summon .
jury OF twenty. four nhabitants OF this county,
not related to the parties, nor in any manner in
terested, TO meet on the land 70 be valued, at
a day to be expressed in the warrant, not less
and the sheriff, upon receiving the said war
rant. shall forthwith summon the said jury, and
when met, shall administer An oath or affrna-
ton to every juryman who shall appear, being
not less than twelve il number, That he will
faithfully, justly, and impartally, value the land,
and all dknlages the owner thereof shall sustain,
by cutting the canal through such land, or the
partial or temporary appropriation, use, or oc-
cupation OF such land according TO the best of
his skill and judgment, and that. in such ,aiua-
uon, he Will not spare any person for favor or
affection, nor any person grIeve or malice,
hatred, or i'll will; ana the inqusltion thereupon
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 upon every such valuation the
jury 10 hereby directed to describe and as.er-
tain the bounds OF the land by them valued,
and the quality and duration of the interest
and estate IN the same required by the said
company, for its use, and their valuation shall
be conclusive on all persons, and shall be pad
for by the said President and Directors, TO tie
owner of the hand or his legal representative;
and on payment thereof, the sad colnpan,
shall be seized Of such land, az Of an absolute
estate in perpetuity, or with such less qun-
tity and duration OF interest, or esJte IN the
same, or subject to such partial or temporary
required and described as aforesaid, ss it con-
yeyed by the owner to them.
Sec. Ii. And be 10 en..csed That il shall be
the duty of the company hereby Incorporated,
to cut, make, and Contract, from Cumberland
aforeaad, to tl.e water IN the District OF Co
lumbia, complete and well finished canal,
with good and sufficient 10 cks, and with clear
width Ut not less than thirty feet AT the top and
twenty feet at the bottom, and suthcicnt to
admit, at all seasons, the navigation OF boats
and RATS, with the depth OF three feet water 81
least, and that the sur lus water passing
throuhg said canal, over and above what shall
be necessary Il abundsntly sufficient for the,
purposes OF navigation ~ aforesaid, may be,
from time to time, sold and disposed oil by the
said company, for purposes OF supplying such
works & machinery al reauirea water power.
Sec. Is Ind te IL efaacsed, That it shah and
may be lawful, for every Of the said stockhol.
ders to transfer his or her shares, by deed exc
I cuted before two Witnesses, and registered
| after the proof OF the execution thereof, on the
| said comp2ny's. books, and not otherwise,
| except devise. which devise shall also be ex
| hihited to the President and Dire stors, and
| registered in the company's books before THE
| devsee or deyisees shall be entitled to draw
any part of profits from the said tolls. Proraded
| That no transfer whatsoever shall be made,
| except Tor one or more Wtioie share or shares,
| and not for part OF such share or shares !; and
| that no share or shares, shall in any time be
| sold, conveyed, or held in trust for the
| use and benefit, or in the narae of another
whereby the said President and Directors, or
| Stockholders of the said company, or any OF
them, shall or r4ay be challenged or made to
answer concerning any such trust but that
every person appearing as aforesaid, to be
Stakeholder, shall, as TO the Others Of the said
company, be to every intent taken absolutely
as such but, AS between any trustee, and