CHAP.
XVII.
Proviso.
Directors to
propose any
scheme, &c.
Bond to be
lodged, &c.
Proviso.
River, &c. esteemed
a
highway, &c. |
XXII. Provided
always, That if the said company shall not complete the
navigation of the said river or canal as aforesaid, from Snow-Hill
to Mitchell's
Bridge, within ten years after the said company shall be formed, then
all interest
of the said company, and all preference in their favour to any part
of
the said navigation and tolls, on any kind of articles or commodities
carried up
or brought down any part of the said river or canal from Snow-Hill
to Mitchell's
Bridge, or to the division line aforesaid, shall from thenceforth be
forfeited and
cease.
XXIII. And,
whereas sound policy requires that the laudable design of those
who make become adventurers in the aforesaid company should be patronised
by
legislative sanction, Be it enacted,
that in case a sufficient sum of money shall
not be raised in manner aforesaid, for the purpose of completing the
works above
mentioned, that it shall and may be lawful for the said directors of
the Pocomoke
company, or a majority of them, to propose any scheme or schemes of
a lottery
for the raising a sum of money not exceeding fifteen thousand dollars,
and to sell
and dispose of the tickets therein; provided the said directors, or
a majority
of them, shall, before the sale or disposal of any ticket or tickets
in such lottery,
give bond to the state of Maryland, in the penalty of fifteen thousand
dollars,
conditioned, that they will well and truly apply the monies arising
therefrom,
within two months after the drawing thereof, to the payment of the
prizes
drawn by the fortunate adventurers in the said lottery, upon application
being
made by him, her or them, for the same, and the necessary expences
incurred in
the management thereof, and the residue to the uses of the company,
in such
manner and to such purposes as the said directors ought to apply the
monies
arising from the subscriptions of the said company to carry into effect
the provisions
of this act.
XXIV. And be
it enacted, That the said bond shall be lodged in the clerk's
office of the county court of Worcester, to be by him recorded, and
when recorded,
a copy of such bond, under the hand of the said clerk, shall be good
evidence in an action of debt against the said obligors, or any of
them, their or
either of their heirs, executors or administrators, brought in the
name of the
state for the use of any person concerned, for any breach or non-compliance
with
the condition of the same.
XXV. Provided
nevertheless, and be it enacted,, That nothing in this act
contained shall authorise the said directors to hold such lottery,
or sell or dispose
of any ticket or tickets for the same, unless the said directors, or
a majority of
them, shall first take an oath, or affirmation, before some justice
of the peace of
the county of Worcester, that they will honestly demean themselves
as managers
and judges of the said lottery, and that they will faithfully render
unto the fortunate
adventurers the respective prizes, and a certificate of such oath shall
be
returned, with the bond aforesaid, to the county clerk's office, under
the seal of
the justice who shall have administered the same.
XXVI. And be
it enacted,That the said river, and the works erected thereon
in virtue of this act, when completed, shall for ever thereafter be
esteemed and
taken to be navigable as a public highway, free for the transportation
of all
goods, commodities or produce whatsoever, upon payment of the tolls
imposed
by this act, and no other toll or tax whatever for the use of the water
of the said
river, and the works thereon erected, shall at any time hereafter be
imposed by
the said company, president and directors, unless with the consent
of the legislature
of this state; and provided always, that the same shall be subject
to such
further regulations by the legislature as they shall deem expedient,
in order to
prevent imposition by the said president and directors, and to prevent
fraud in
evading the payment of tolls imposed on all articles or commodities
carried up or
down any part of the said river or canal from Snow-Hill to Mitchell's
Bridge as
aforesaid, or the division line aforesaid. |