CHAP.
XVI.
Subscribers in-
corporated, &c.
President, &c.
to have power
to agree, &c.
And to make
orders, &c. |
1799. NOVEMBER.
LAWS OF MARYLAND.
managers, or any four or more of them, under their hands, to the general
court for the eastern and
western shores of Maryland, and the supreme courts of Delawared and
Pennsylvania, to be there
kept and recorded; and in case more than five hundred thousand dollars
shall be subscribed, then
the same shall be reduced to that sum by the said managers, or a majority
of them, by beginning at,
and striking off a share from, the largest subscription or subscriptions,
and continuing to strike off a
share from all subscriptions under the largest, and above one share,
until the sum is reduced to the
capital of five hundred thousand dollars, or until a share is taken
from all subscriptions above one
share, and lots shall be drawn between subscribers of equal fums, to
determine the numbers in which
such subscribers shall stand on a list to be made for striking off
as aforesaid; and if the sum sub-
scribed still exceeds the capital aforesaid, then to strike off by
the same rule until the sum subscribed
is reduced to the capital aforesaid, or all the subscriptions are reduced
to one share, and if there still
be an excess, then lots to be drawn to determine the subscribers who
are to be excluded, to reduce
the subscriptions to the capital aforesaid, which striking off shall
be certified in the list aforesaid; and
no person shall subscribe less than one whole share; provided, that
unless two hundred and fifty
thousand dollars of said capital shall be subscribed as aforesaid,
all subscriptions made in consequence
of this act shall be void, and in case two hundred and fifty thousand
dollars, and less than the whole
of said capital, shall be subscribed as aforesaid, then the president
and directors appointed as herein
after mentioned, are hereby empowered and directed to take and recieve
the subscriptions which shall
be first offered, in whole shares as aofresaid, until the deficiency
shall b made up; a certificate of
which additional subscriptions shall be made, under the hands of the
president and directors for the time being, or of a majority of them, and
returned to, and recorded in, the courts herein before men-
tioned.
III. AND BE IT ENACTED, That in case one half of the said capital, or
a greater sum, shall be
subscribed as aforesaid, the said, subscribers, and their heir and
assigns, from the time of their said
first meeting, shall be, and are hereby declared to be incorporated,
by the name of The Chesapeake
and Delaware Canal Company, and may have perpectual succession, and
sue and be sued, as such;
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 nine directors,
for conducting, directing and
completing, said canal, and managing the business of the said company,
for and during such time,
not exceeding five years, as the said subscribers, or a majority of
them, shall think proper; and every
subscriber shall be allowed one vote for every share not exceeding
five shares, and one vote for every
three shares above ten, held by him or her in the said company; and
any stockholder, by writing
under his or her hand and seal, executed in the presence of witnesses,
may depute any other
member or stockholder to vote and act as his or her proxy at any general
meeting.
IV. AND BE IT ENACTED, That the said president and directors so elected,
and their successors,
or a majority of them assembled, shall have full power and authority
to agree with any person ro per-
sons, on behalf of the said company, to cut such canals, and erect
such locks, and perform such
other works, as they shall judge necessary for opening, improving and
extending, the navigation be-
tween the bay of Chesapeake and the river Delaware, and carrying on
the same from place to place,
and from time to time, and upon such terms and in such manner, as they
shall think fit, and out of
the money arising from the subscriptions and the tolls, and other aides
herein after 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 such other officers,
toll-gatherers, managers and servants, as they shall judge requisite,
and to agree for a setlle their
respective wages or allowances, and settle, pass and sign, their accounts,
and also to make and est-
blish rules of preceeding, and to transact all the other business and
concerns of the said company, in
and during the intervals between the general meetings of the same,
and they shall be allowd, as a
satisfaction for their trouble therein, such sum of money as shall,
by a general meeting of the sub-
scribers, be determined; provided always, that the treasurer shall
give bond, in such penalty, and
with such security, as the said president and directors, or a majority
of them, shall direct, for the
tru and faithful discharge of the trust reposed in him; and that the
allowance to be made to him for his services hsall not exceed five dollars
in the hundred for the disbursements by him mad, and that
no officer in the said company shall have any vote in the settlement
or passing his own account.
V. AND BE IT ENACTED, That the said president and directors, and their
successors, or a majori-
ty of them, shall have full power and authority, from time to time
as money shall be wanted, to make
and sign orders for that purpose, and direct at what time, and in what
proportion, the proprietors
shall advance and pay the sums subscribed, which orders shall be advertised
at least three months in
some of the Maryland, Delaware and Pennsylvania news-papers; and they
are hereby authorised and
empowered |