1898.

Secr. 2. And be it further enacted, That the amount there. Amount found of, when so ascertained, shall be paid out of any money in the due, to be paid

from the Treasu Treasury not otherwise appropriated.

ry.

[Approved, 23 May, 1828.}

1807,making com

Lewis and Clark,

the legal represen.

wether Lewis.

CHAP. 79. An ACT for the Relief of the legal representatives of Meriwether

Lewis.

[SECT. 1.] Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, Act of 3d March, That the act approved the third day of March, one thoupensation to Mesrs. 3and eight hundred and seven, entitled "An act making com&c. extended to pensation to Messrs. Lewis and Clark, and their companions, tatives of Meri- be, and the same is, hereby so extended, as to allow to the legal representatives of Meriwether Lewis, deceased, the right of entering any of the public lands of the United States, subject to entry at private sale, to the amount of the residue of the warrant of sixteen hundred acres, issued to said Lewis by virtue of said act, which has not heretofore been satisfied, or of applying the same in payment for any public lands, in the same manner, and at the same rate prescribed by said act. [Approved, 23 May, 1828.]

See Vol 4, p. 707.]

CHAP, 80. An ACT for the Relief of Francis English, of Indiana.

[SECT. 1.] Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, Secretary of the That the Secretary of the Treasury be, and he is hereby, aua patent to be is thorized to cause a patent to be issued to Francis English, of sued to Francis the State of Indiana, for the West half of the South-East quarana, for a certain ter of section twenty-four, town fourteen, in range eight, in

Treasury to cause

English, of Indi

section of land

the district of land sold at Indianapolis, in that State, upon the said Francis English relinquishing to the United States, in such manner, as the said Secretary shall prescribe, the West half of the South East quarter of section twenty four, town fourteen, in range nine, in the same district, entered for the said Françis by mistake.

[Approved, 23 May, 1828.]

CHAP. 81. An ACT for the Relief of Dodd and Barnard, and others.

[SECT. 1.] Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, 8229 45 cts. to be That there be paid out of any money in the Treasury, not

paid Dodd & Bar

ties paid by the ma

from St. Aug

otherwise appropriated, to Dodd and Barnard, the sum of two 1828. hundred and twenty-nine dollars forty-five cents; to Alexan nard, &e. being der Morgan, forty dollars fourteen cents; and to Tilson Ripley the amount of dus thirteen dollars seventy cents; the said sums being the amount on goods brought of duties paid by them, respectively, on goods brought from time to Charleston, St. Augustine to Charleston, South Carolina, in the year one' thousand eight hundred and twenty-one, and which were imported into Florida before the cession of that Territory to the United States.

[Approved, 23 May, 1828.]

S. C. in 1837.

CHAP. 82. An ACT for the Relief of Alexander Garden.

be settled, and five

[SECT. 1.] Be it enacted by the Senate and House of Repre sentatives of the United States of America in Congress assembled, That the proper accounting officers of the Treasury be, and Account of Alexthey are hereby, required to settle the account of Alexander ander Garden to Garden, and to allow him five years full pay as a Lieutenant years ful pay as a in the Revolutionary War; which five years full pay is the Revolutionary commutation of his half pay for life; to be paid out of any mo- him. heys in the Treasury not otherwise appropriated.

[Approved, 23 May, 1828.]

Lieutenant in the

war, to be allowed

CHAP. 83. An ACT for the Benefit of Andrew Wesbrook.

Andrew Wes

[SECT. 1.] Be it enacted by the Senate and House of Repre sentatives of the United States of America in Congress assembled, That a patent or patents shall issue to Andrew Wesbrook, for- A patent or patmerly of the Province of Upper Canada, but now a citizen of the ents to issue to United States, for a quantity of land equal to two sections of brook, for certain land, which may be located according to any of the legal sub. quantity of land. divisions of the public lands, on any of the unappropriated lands of the United States, which have been hitherto offered for sale; and which are now subject to entry at private sale.

[Approved, 23 May, 1828.]

CHAP. 84. An ACT for the Relief of Edward Allen Talbot.

[SECT. 1.] Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Secretary of the State be, and he is hereby, authorized Secretary of State and required to issue letters patent, in the usual form, to Ed- to cause to be is. ward Allen Talbot, for his improvement in a reciprocating Allen Talbot, letsteam engine, for propelling vessels, upon his complying with improvement in a all the provisions of the several acts of Congress relative to the reciprocating

sued to Edward

ters patent for his

1828. issuing of letters patent for inventions and improvements, exReam engine, for cept so far as the said acts require, on the part of aliens, a residence of two years in the United States,

propelling vessels.

[Approved, 23 May, 1828.]

(See Vol 7, P. 373.]

charter

and Ohio Canal

land confirming,

CHAP. 85. An ACT to amend and explain an act, entitled "An act confirining an act of the Legislature of Virginia, incorporating the Chesapeake and Ohio Canal Company, and an act of the State of Maryland, for the same purpose." (a)

[SECT. 1.] Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, Assent already That the assent already given by the United States to the char given by the U. Ster of the Chesapeake and Ohio Canal Company, by an act of the Chesapeake Congress, entitled "An act confirming an act of the Legislaby an act of Con- ture of Virginia, entitled an act incorporating the Chesapeake gress incorporang, and of Mary- and Ohio Canal Company; and an act of the State of Marythe same, not to be land confirming the same,† shall not be impaired by any change impaired by any of the route of the said Canal, from or above the town of Cumberroute of said Ca- land, on the river Potomac, or the distribution thereof into two the town of Cum- or more sections, at any time hereafter, or any change in the ver Potomac, &c, dimensions of that part of the present Eastern section, extend(a) THE ACTS of the States of Virginia and Maryland, and of the Congress of the United States, incorporating the Chesapeake and Ohio Canal Company, The proceedings of the General Special Meeting of the Patowmac Company, declaring their assent thereto, made necessary by said Acts. To which are added, extracts from the Charter of the Patowmac Company.

change of the

nal, from or above

berland, on the ri

[+See Vol 7, P. 373.]

Act of the State of Virginia.

An ACT incorporating the Chesapeake and Ohio Canal Company.-[Passed January 27, 1824.] Whereas a navigable canal from the tide water of the river Patowmac, in the District of Columbia, to the mouth of Savage creek on the north branch of said river, and extending thence, across the Alleghany mountain, to some convenient point on the navigable waters of the river Ohio, or some one of its tributary streams, to be fed, through its course, on the east side of the mountain, by the river Potowmac and the streams which empty therein, and on the western side of the mountain, and in passing over the same, by all such streams of water as may be beneficially drawn thereto by feeders, dams, or any other practicable mode, will be a work of great profit and advantage to the people of this State, and of the neighboring States, and may, ultimately, tend to establish a connected navigation between the eastern and western waters, so as to extend and multiply the means and facilities of internal commerce and personal intercourse between the two great sections of the United States, and to interweave more closely all the mutual interes s and affections that are calculated to consolidate and perpetuate the vital principles of Union; and whereas it is represented to this General As. sembly, that the Patowmac company are willing and desirous that a charter shall be granted to a new company, upon the terms and conditions hereinafter expressed; and that the charter of the present company shall cease and determine.

1 Be it therefore enacted by the General Assembly of Virginia, That so soon as the Legislatures of Maryland and Pennsylvania, and the Congress of the United States, shall assent to the provisions of this act, and the Patowmac company shall have signified their assent to the same, by their corporate act a copy whereof shall be delivered to the Executives of the several States aforesaid, and to the Secreta: y of the Treasury of the United States,

ing from Cumberland, or the mouth of Will's Creek, to the mouth of Savage, at the base of the Alleghany, or any substitution which the interest of the Chesapeake and Ohio Canal Company may, in he opinion of the Company, require to be

there shall be appointed by the said Executives and the President of the United States, three commissioners on the part of each State, and of the government of the United States, any one of whom shall be competent to act for his respective government. The said commissioners shall cause books to be opened at such times and places as they shall think fit in their respective States, and the District of Columbia, under the management of such persons as they shall appoint, for receiving subscriptions to the capital stock of the company hereinafter incorporated; which subscriptions may be made either in person or by power of attorney; and notice shall be given in such manner as may be deemed advisable, by one or more of the said commissioners, of the time and places of opening the books.

2. And the said commissioners shall cause the books to be kept open at least forty days, and within twenty days after the expiration thereof, shall call a general meeting of the subscribers at the city of Washington, of which meeting notice shall be given, by a majority of the commissioners aforesaid, in at least four of the newspapers printed in Pennsylvania, Maryland, Virginia, and the District of Columbia, at least twenty days next before the sard meeting and such meeting shall, and may be, continued from day to day until the business i finished; and the commissioners, at the time and place aforesaid, shall lay before such of the subscribers as shall meet according to the said notice, the book containing the state of the said subscriptions: and, if one fourth of the capital sum of six millions of dollars should appear not to have been subscribed, then the said commissioners, or a majority of them, at the said meeting, are empowered to take and receive subscriptions to make up such deficiency, and may continue to take and receive such subscriptions for the term of twelve months thereafter; and a just and true list of all the subscribers with the sum subscribed by each, shall be made out, and returned by the said commissioners, or by a majority of them, under their hands, to the Board of Public Works of this state, to the Governor and Council of the state of Maryland, to the Secretary of State of the state of Pennsylvania, and to the Secretary of the Treasury of the United States, to be carefully preserved; and in case more than six millions of dollars shall be subscribed, then the sum subscribed shall be reduced to that amount, by the said commissioners, or a majority of them, by beginning at and striking off a share from the largest ubscription or subscriptions, and continuing to strike off a share from all subscriptions under the largest and above one share, until the same is reduced to the capital aforesaid, or until a share is taken from all subscriptions above one share; and lots shall be drawn between subscribers of equal sums, to determine the number of shares which each subscriber shall be allowed to hold, on a list to be made for striking off as aforesaid; and, if the sum subscribed still exceed the capital aforesaid, then to strike off by the same rule, until the sum subscribed is reduced to the capital aforesaid, or all the subscript ons reduced to one share respectively and, if there still be an excess, then lots shall be drawn to determine the subscribers who are to be excluded, in order to reduce the subscription to the capital aforesaid; which striking off shall be certified on the lists aforesaid, and the said capital stock of the company, hereby incorporated, shall consist of six millions of dollars, divided into sixty thousand shares, of one hundred dollars each; of which every person subscribing may take, and subscribe for one or more whole shares, and such subscriptions may be paid and discharged either in the legal currency of the United States, or in the certificates of stock of the present Patowmac company, at the par or nominal value thereof, or in the claims of the cr ditors of the said company, certified by the acting pr sident and directors to have been due, for principal and debt, on the day on which the assent of the said company shall have been signified by their corporate act as hereinbefore required: Provided, That the said certificates of stock shall not exceed, in the whole amount, the sum of three hundred and eleven thousand one hundred and eleven

1828.

1828. made, of inclined planes, railways, or an artificial road for a continued Canal, through the Alleghany mountain, in any route which may be, by the company, finally adopted therefor, between the town of Cumberland and the river Ohio.

dollars and eleven cents; nor the said claims the sum of one hundred and seventy-five thousand eight hundred dollars: Provided, also, That the stock so paid for in certificates of the stock of the present company, and of the debts due from the said company, shall be entitled to divided, only as hereinafter provided; and that no payment shall be received, in such certificates of stock, until the Patowmac company shall have executed the conveyance prescribed by the thirteenth section of this act And provided, That, unless one fourth of the said capital shall be subscribed, as aforesa d, all subscriptions made in consequence of this act, shall be void; and, in case one-fourth, and less than the whole capital, shall be subscribed as aforesaid. then the said commissioners, or a majority of them, are hereby empowered and directed to take and receive the subscriptions, which shall first be offered in whole shares, as aforesaid, until the deficiency shall be made up ; a certificate of which additional subscription shall be made, under the hands of said commissioners, or a majority of them, for the time being, and returned as afor said.

3. And be it further enacted, That, whenever one fourth, or a greater part of the said stock shall have been subscribed, in the manner aforesaid, then the subscribers, their heirs and assigns, shall be, and are hereby, declared to be incorporated into a company by the name of the "Chesapeake and Ohio Canal Company," and may sue, and be sued, and, as such, shall have perpetual succession, and a common seal; and the estates, rights, and nterests of the said company, shall be adjudged and taken in law to be ¡real estate; and it shall, thereupon, be the duty of the said commissioners, or a majority of them, to call a general meeting of the said subscribers, at such time and place as they, or a majority of them, shall appoint, after advertising the same, in such public prints as they, or a majority of them, may think proper, and such of the said subscribers as shall be present at the said meeting, or a majority of them, are hereby empowered and required to elect a president and six directors, for conducting the said undertaking. and managing all the said company's business and concerns, for, and during such time, not exceeding three years, as the said subscribers, or a majority of them, shall think fit; and, in counting the votes of all general meetings of the said company, each member shall be allowed one vote for every share, as far as ten shares, and one vote for every five shares above ten, by him or her held at the time, in the stock of the said company; and any proprietor, by writing, under his or her hand, executed before two witnesses, may depute any other member or proprietor, to vote and act as proxy for him or her, at any general meeting: Provided, also, That no officer or di. rector of said company shall, under any circumstances, be allowed to vote on any stock but his own.

4. And be it further enacted, That the said president and directors, and their successors, or a majority of them, assembled, shall have full power and authority to appoint, and, at their pleasure, dismiss such engineer or engi neers, and agent or agents, as they may deem expedient, and to fix their compensation; and to agree with any person or persons, on behalf of the said company, to cut canals, erect dams, open feeders, construct locks, and perform such other works, as they shall judge necessary or expedient, for completing the canal hereinbefore mentioned and described; and, out of the money arising from the subscriptions and tolls and other aids, hereinafter given, to pay for the same, and to repair and keep in order the said canals, locks, and other works necessary thereto, and to defray all incidental charges; and also to appoint a treasurer, clerk, and other officers, tollgatherers, managers, and servants, as they shall judge requisite, and to agree for, and settle their respective wages or allowances; and to settle, pass, and sign their accounts; and also to make and establish rules of proceeding, and to transact all other business and concerns of the said company, in and during the intervals between the general meetings of the same; and they shall