The Augusta chronicle and gazette of the state. (Augusta [Ga.]) 1789-1806, August 14, 1802, Image 1

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Saturday, Auguji 14, 1803. rHE AUGUSTA CHR (fN IC L E G A ZETTE OF THE ATE. —= • F R £ E Q 0 THE PRE s S and T R 1 a L by J U R Y shall remain Corfitution cf Georgia. 1.. ® AUGUSTA; Printed by JOHN E. SMITH, near the market. [3 Dolls, per Annum,'] [Published by Authority.] Seventh Congress of the United States . At the First Srflion, begun and held at the City of Walhington, ‘in the Ter. vitory of Columbia, on Monday the seventh of December, one thousand eight hundred and one, AN ACT to abol-Jh the Board of Com mijjhners in the City of Wajhington ; and for other purpnfes, BE it enabled by the Senate and House of Reprefentatiojes of the United States of America, in Congress ajfembled , Tint from and after the firrt day of June text, the offices of the commiffioaers ap winted in virtue of an ad parted on the ixtecnrh day of July in the year feven :een hundred and ninety, entitled, “ An id to establish the temporary and perma lent feat of the government of the Unit 'd States,” (hall cease and determine ; md the said commissioners (hall deliver up into such peribn as the preftdent (hall ap >oinr, in virtue of this ad, all plans, Iraughts, books, records, accounts, deeds, jrants, contrads, bonds, obligations, le. luritios, and other evidences of debt in heir pofleffion which relate to the city of Walhington, and the affairs heretofore mder their fuperintendance or care. Sec. 2. And be it further enaded t That the affairs of the city of Waihing :on, which have heretofore been under he care and fuperintendance of the fa id :ommi(fioners, (hall hereafter be under :he diredion of a fuperintendant, to be ippointed by, and to be under the con troul of the Preftdent of the United States; and the said fuperintendant js hereby inverted with all powers, and (hall hereafter perform all duties, which the said commidioners are now verted with, or are required to perform by, or in vir tue of any ad of Congress, or any ad of the general afiembly of Maryland, or any deed or deeds of trust from the origi. nal proprietors of the lots in the said city, ■Or in any other manner whatsoever. Sec. 3. And be it further enaded , That the said commidioners (half forth with fettle with the accounting officers Os the treasury their accounts for all mo. nies received and expended by them in their capacity, as commiffioncrs, and (hall immediately thereafter pay to the said fuperintendant any balance which may be •found against them upon such fectlement. Sec, 4. And be it further enaded , ’That the said fuperintendant fliall pay 41l the debts heretofore contraded by the Qommiffioners in their capacity as such, the payment of which are not herein after specially provided for, out of any monies received by him aridng out ot the city hirJ s . Sec. And be it further enaded 1, That the said fuperintendant (hall, under the diredion of the President of the Unit ed States, fell so many of thofc lots in the city of VValhington which are pledged for the re-payment of a loan of two hun dred thousand dollars, made by the date °f Maryland, in tlje years one thousand hundred and ninety-fix and one thousand seven hundred and ninety-seven, t? the commidioners for the ufc of the said Gt y» as may be fufficient to pay the inte- Tf ft already accrued on the said loan, and the interest and inrtalments thereof, as % may refpeftivcly become due : Fro* - 1 Y It V-. <vtdeJ y That if in the opinion of the Pre sident of the United States, the sale of a fufficieot number of the (aid lots, to meet the objefts aforefaid, cannot be made without an unwarrantable facrifice of the property, then so much monev as may be neceSTary to provide for the deficiency is hereb} appropriated and Shall be paid out of any money in the treasury of the U nited States not otherwise appropriated. Sec. 6. And be it further entitled, That the said fuperintendant Shall, prior to the firll day of November next, lell under the direftions of the President of the United States, all the lots in the said c\ty, which were fold'antecedent to the Sixth day of May, in the year one thou sand seven hundred and ninety.fix, and which the said commiflioners are autho rifed by law to re-fell, in consequence of a failure*on the part of the purchafcrs to comply with their contracts; and the monies arising thereupon Shall be applied, on or before the firft day of November next, to the payment of the futn of fifty thousand dollars and the interest thereon to the State of Maryland, which said sum was formerly loaned by the said Slate to the commiSfioners for the use of 'the city of Washington ; Provided, That if a fuf. ficient sum to meet the objefts last afore faid, Shall not be produced by the sale of the whole of the lots aforefaid, then so much money as may be neceSTary to pro vide fox the deficiency is hereby appropri ated, and (hall be paid out of any money in the treasury of the United States, not otherwise appropriated. Sec. 7. And be it further enabled. That after the debts already contracted by the commiSfioners Shall have been dis charged, all monies advanced out of the treasury in pursuance of this aft. Shall be reimbursed by the said fuperintendant, by paying into the treasury all monies arising from the city funds, until the whole sum advanced, with the interest thereon. Shall be repaid. Sec. 8. And be it further enatied. That so much of the aCt, entitled, “ An aft to dlabliSh the temporary and per manent feat of government of the United States," paSTed on the sixteenth day of July, in the year Seventeen hundred and ninety, as relates to the appointment of commiSfioners Shall be and the fame is hereby repealed. See. 9. And be it further entitled, That it Shall and may be lawful to open books in the city of Washington, for re ceiving and entering fubferiptions for 0- pening the canal to communicate from the Potomac river to the EaSlern branch there of, through a part of the city of Wash ington, under the management of Tho mas Tingey, Daniel Carrol of Dudding ton, Thomas Law, and Daniel Carrol Brent, which fubferiptions Shall be made personally, or by power of attorney : the laid books Shall be opened for receiving fubferiptions, and continue open until the sum of eighty thousand dollars Shall be filled up, in Shares of one hundred dollars each; and that each person Shall, at the • time of fubferibing, pay down ten dollars, being one tenth of each Share; and after fourteen days previous notice, by adver tifernent, there Shad be a meeting of the fubl'cribers, and they are hereby declared to be incorporated into a company, by the name of the “ Washington Canal Compa ny," and may fuc and be sued, as such, and make all neceSTary by-laws and regu • lations lor ihe proper management of the business thereof: And such of the fub feribers as Shall be present at the said meeting, or a majority of them, are here by empowered and required to elect a - and tour directors for ccndufting the said undertaking, and managing the said company's business for, and during such time not exceeding three years, as the faidfubfcribers or a majority of them, Shall think fit. Each member Shall be allowed one vote for every Share, by him or her held at the rime, in the said com . pany, -and any proprietor by a writing GEORGIA. under his or her hand, executed in pre sence of two witnesses, may depute any other member or proprietor to vote and att as proxy for him or her, at any general meeting. Sec. 10. And be it further enacted t That the (hares in said company (hall be deemed personal, and not real property, and transferable in such manner as the company (hall diredt. Sec. li. And be ti further enabledy That the prelident and directors so elected, and their facceifors, or a majority of them, (hall have full power and authority to a • gree with any person or persons, on be half of the said company, to cut such ca nals, eredt such locks, and perform such p other works as they (hall judge necelfary for opening the canal aforefaid, and the forks thereof; —and out of the monies ariling from the fabferiptions, wharfage and tolls, to pay for the fame, and to repair and improve the said canal, locks, and other works necelfary thereto, and to defray all incidental charges, and also to appoint a treasurer, clerk, and such other officers, toll gatherers, managers and servants, as they (hall judge requifue, and to fettle their refpedtive wages. Sec. 12. And be it further enafled. That the treasurer of the company (hall give bond, with such penalty, and such security, as the said president and direc tors, or a majority of them (ha(l direct. See. 13. And be it further enacted , That the said president and diredtors, so elected, and their successors, or a majori ty of them aifembled, (hall have full pow er and authority to demand and receive of the proprietors, the remaining nine tenths of the (hares, from time to time, as they may be required by previous adver tisement, at lead one month'in the city of Waftiington, Georgetown, and Alex andria gazettes; and if any of the said proprietors (hall refufe or negledt to pay their proportions within one month after the fame so ordered and advertised, as aforefaid, the said (hares of defaulters (hall be forfeited. Sec. 14. And he it further enafiedy That the said president and directors so elcCted, and their facceifors, or a majo rity of them, (hall not begin to colleCt wharfage or toll, until the canal is made practicable for boats and scows to pass through the fame from the Potomac to the Eastern Branch. Sec. Ij. And be it further enaftedy That every president and director, be fore he aCts as such, (hall take an oath or affirmation tor the faithful difeharge of his office. * Sec, 16. And be it further enacted. That there (hall be a general meeting of the proprietors on the firft Monday in June, and the firft Monday in December, every year, in the city of Waftiington ; to which meeting the president and direc tors (hall make a report, and fender di ftinCt and just accounts of all their proceed ings, and on finding them fairly and just ly dated, the proprietors, then present, or a majority of them, (hall give a certi ficate, thereof, and at such half yearly general meetings, mfter leaving in the hands of the treasurer such sum as (hall be judged necelfary for repairs, improve, meats or contingent charges, an equal dividend of all the nett profits ariling from the wharfage and tolls hereby grant ed, (hall be ordered and made to, and among all the proprietors of the said company, in p/oportion to their fcveral (hares. Sec, 17, And he it further enaftedy That for and in con fide rat ion of the ex pends the said proprietors (hall incur, not only in cutting canals, but in eredting locks, and in maintaining and keeping the fame in repair, and in lemporary enlarge ment and improvement of the fame, that for the space of fifty years, when this aCI (hall cease, on repayment of the princi pal of the sums expended, the company is hereby authorifed to collect the fame rates of wharfage cn all articles and ma- mSB tVoi. XVI. No. 827.1 tcnals landed on each fide of the canal, as are now legally received at . tl e wharfs o£ Georgetown; And it lhall and may be lawful for the fa id prelident and directors, for fifty years, and as much longer as their principal Turns expended remain'un paid, to demand and to receive, at the "Tiioft convenient place for all commodities carried through a lock or loiks of the canal, a toll not exceeding half a dollar on each loaded boat, and a quarter of a dollar on each loaded scow; but no toll to be paid returning. But when the wharfage lhall produce the annual interest ot eight per cent, on the sums expended by the prelident and directors, exclusive of the tolls, ihen the toils lhall cease, an«T the canal and forks thereof lhall be entire ly free for passage; and when the wharf age lhall exceed the annual interell of twelve per cent, then the prelident and directors lhall appropriate one half of the surplus to Tuch public purpose as congress may direct, or reserve die fame as a fund to pay off the principal: Provided always, That all public property lhall pals free of toll and wharfage. Sec. 18. Pro vided nevertheUfs , a.'id be it further enacted, That in caic the said Walhington company created by this aft lhall not, within the term ot five y?jr.s, complete the said canal in such a manner as to admit boats drawing three feet of water, to pass through the whole extent of said canal, that the said canal lhall re- ' vert to the United States, and all right and authority hereby granted to said com pany lhall cease and determine, NATHANIEL MACON, Speaker of the lloufe of Representatives, ABRAHAM BALDWIN, Prefix dent of the Senate pro tempore . Approved, May 3, ISO 2. Tn. JEFFERSON, Prefideni of the United Stales, AN ACT additional to , and amendatory of an ail intituled “an ail concerning the diH ri il of Columbia ." . BE it enacted by the Senate and lloufe of Repnjentatrves of the United Stales of America in Can? ref AjJembledy That the circuit court ot the county of Walhington, in the territory of Columbia, . (hall have power to proceed in all common, law and chancery causes which now are, or hereafter lhall be infiituted before ir, in which either of the parties relide with out the said territory, in the fame way that non-rdidents arc proceeded againll the general court or in the court of chan* eery in the ttate of Maryland. Sec, 2. And he it further enabled y That the circuit court of the county of Alexandria, in the lhall have power to proceed in all cofltoioim law and chancery causes which now 'nfgpnff or hereafter (hall be instituted before it, in which either of the parties are non-re fidems of the said diltrift of Columbia, in the fame way, and under the fame regulations observed by the dillrift-courc or by the high court of chancery in Virginia, in proceeding againlt non-reli denes. Sec. 3. And be it further ena&td 9 That the courts lor the counties of Alex* andria and Walhington, lhall hereafter bo holden at the periods following, to wit 5 For the county ot Alexandria, on the fourth Monday of June and November, and for the county ot Walhington, ou the fourth Monday of July and December, in each year ; and all procels heretofore is— sued from the offices of the said courts and not yet returned, lhall be returnable to the firlt day of the sessions of the said. courts, refpeftivdy, and all ca ifes now depending in the fame (hall Hand adjourn ed and continued over to the next fellies of the said courts, as edablilhcd by this act. And the said courts are hereby in verted with the fame power of holding adjourned sessions that arc the courts of Maryland. See. 4. And be it further e.iadlid t (See the fourth page.) I 0