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on shore, or cause or suffer to be landed or brought on shore, any of such infected persons, or any part or parcel of their goods or effects, or any other goods, until he has obtained a license or permit so to do, from the physician or his assistant aforesaid, such master, or other person, having charge of such vessel, shall forfeit and pay for every such offence the sum of one thousand dollars.

Sec. 4. Be it enacted, That if any master, or other person, having charge of any vessel at the time of inquiry by the aforesaid physician, or his assistant, shall have on board any person infected as aforesaid, and shall knowingly conceal the same, or shall not make a just and true discovery to the physician, or his deputy, of the sickly and disordered state and condition of all and every person on board, from the time the said vessel departed from the port or place from whence she last sailed to the time of the said inquiry, and of all other particulars necessary for the said physician, or his deputy, to know respecting the premises, such master, or other person, having charge of such vessel, shall forfeit and pay for every such offence the sum of three hundred dollars.

Sec. 5. Be it enacted, That if any pilot shall conduct any vessel above Hawkins' point, having on board thirty persons, being passengers, or servants, (and it is hereby declared to be the duty of each pilot to make due inquiry thereof,) such pilot shall forfeit and pay one hundred dollars; and if any pilot shall have knowledge that there is on board any vessel that he undertakes to pilot any person distempered with the plague, or any malignant contagious disease, (and it is hereby declared to be his duty to make due inquiry thereof,) and shall pilot such vessel above Hawkins' point, he shall forfeit one hundred dollars, and such pilot shall be disqualified to act as a pilot for one year; and if any pilot shall have knowledge that there is on board any vessel that he undertakes to pilot any person distempered as aforesaid, (and it is declared to be his duty to make due inquiry thereof,) and shall conceal the same, and not give information thereof, to the aforesaid physician, or his deputy, such pilot shall forfeit one hurdred dollars, and such pilot shall be disqualified to act for one year.

Sec. 6. And be it enacted, That all penalties imposed by this act shall be recovered by indictment, or action of debt, by any person who shall sue for the same; Provided, The same be prosecuted or sued within three months after the said offence committed, and an affidavit filed in the clerk's office, and a copy issued with the writ, signifying the real cause of action, and specifying the certainty of the offence being committed, the court may award special bail to be given to such suits; and, in default thereof, to commit the person, as in other cases, where bail is ordered by the

court.

Sec. 7. Be it enacted, That a temporary hospital may be erected in such place as the governor, with the advice of council, may direct, for the reception of such sick person or persons as the said physician may, at any time, think proper to remove on shore for their better accommodation or cure, or io prevent the spreading of any malignant disease, or to shorten, as much as may be, quaran

tine; and the governor, with the advice of council, shall prescribe rules and regulations for the governing and management of the said hospital.

Sec. 8. Be it enacted, That the assistance of the custom.house tender, or boats, is hereby requested to aid the said physician to carry this law into effect, whenever the same can be done consistently with their orders from the United States, or their officers.

Sec. 9. Be it enacted, That the representatives and senators foom this State to Congress, are hereby requested to state to Congress the necessity of the aforesaid arrangement, and to obtain the consent of Congress to a duty not exceeding three cents per ton on all sea vessels above sixty ton, coming into Baltimore district, to be paid to such person as may be appointed by the governor, with the advice of council, to receive the same for defraying all the expenses attending the exécution of this act; and a statement of the money received and expenditures incurred in the execution of this act, shall be annually laid before the general assembly.

Sec. 10. Be it enacted, That the appointment of physician or physicians, and all necessary arrangements to accomplish the object of this act, shall be made and entered into as soon as Congress shall have laid a tonnage on vessels for the aforesaid purposes.

1791.-December 26.

AN ACT to empower the wardens of the port of Baltimore to lovy and collect the duty

therein mentioned.

Whereas, many useful regulations have taken place in consequence

of the powers heretofore granted to the wardens of the port of Baltimore, and to enable them to carry the said regulations into full effect

Be it enacted by the General Assembly of Maryland, That the wardens of the said port of Baltimore shall have full power and authority to assess, levy, and collect, on every vessel arriving at said port of Baltimore, of sixty tons or more, a sum of money not exceeding two cents per ton, to be appropriated and applied by the said board of wardens to carry into effect the rules and regulations which they may from time to time make, respecting the harbor and port of Baltimore.

Sec. 2. And be it further enacted, That so much of the act of the Assembly, entitled “An act appointing wardens for the port of Baltimore town in Baltimore county," which empowers the said board of wardens to assess and levy a duty of one penny per ton on every vessel entering or clearing at the said port; and also so much of another act of the Assembly, entitled “A supplement to the act entitled 'An act appointing wardens for the port of Baltimore town in Baltimore county,' which empowers the board of wardens to assess, levy, and collect, on every vessel arriving at

said port of Baltimore, except pilot boats and vessels not coming from sea, belonging to citizens of this State, a sum not exceeding two pence current money per ton, be, and are hereby, repealed: Provided, always, That this act of Assembly shall not operate and take effect until the same shall be ratified and confirmed by an act of the Congress of the United States.

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Be it enacted by the Senate and House of Representatives of the State of Alabama, in general assembly convened, That a company be established for the improvement of the navigation of the Cahawba river, the capital stock of which said company shall not exceed the sum of fifty thousand dollars, unless hereafter enlarged by law, exclusive of such sums as the general assembly may hereafter think proper to subscribe; the right to make subscriptions is hereby reserved to the State to an unlimited amount: Provided, Said State shall subscribe for the amount of stock intended to be taken within twelve months.

SEC. 2. And be it further enacted, That subscriptions for stock, each share to consist of one hundred dollars, shall be opened on the first Monday of June next, at the town of Cahawba, under the superintendence of J. J. Crocheron, U. G. Mitchell, John Shields, James Craig, and Thomas Casey; at the town of Marion, on the first Monday of June next, under the superintendence of John Derden, Temple Lea, Edwin D. King, George Weisenger, and Abram Trigg; at the town of Centreville, on the first Monday of June next, under the superintendence of Alexander Hill, Anthony Stoughtenberg, Thomas Crawford, Mitchell Watkins, and John Henry; which subscriptions shall be kept open for three days at each place: Provided, That a majority of the superintendents at either of the places aforesaid, shall be competent to open the books and receive subscriptions of stock.

Sec. 3. Be it further enacted, That the superintendents at Cahawba shall have full power and authority to appoint agents to open subscriptions at any other place or places they may deem proper, and to publish the times of opening the same in some newspaper published nearest the place or places of opening such subscription.

Sec. 4. Be it further enacted, That one-fourth of each share shall be paid at the time of subscribing, and the remainder by three equal instalments, at six, twelve, and eighteen months thereafter; such times of payment to be determined by the directors, and notice given thereof; the payments to be made in a specie-paying currency. And immediately after the time of subscription, the superintendents shall give notice in writing to the superintendents at Cahawba of the names of subscribers, the number of shares sub

scribed by each, and the moneys paid in. And in case the aggregate amount of subscriptions amount to fivė thousand dollars, then the superintendents at Cahawba shall publish a day and place for the election of a president and seven directors, every share to be entitled to one vote, and stockholders to be entitled to vote by proxy; the said superintendents at Cahawba to have full power and authority to appoint managers for holding such election.

Sec. 5. Be it further enacted, That in case the whole amount of subscriptions shall not amount to the sum of five thousand dollars, the superintendents at Cahawba shall forth with determine, as their discretion may direct, either to order and advertise for opening subscriptions again at the places aforesaid, by the same superintendents, or others, in case of death, removal, or refusing to act, of those previously appointed, or to direct the payment to subscribers of the sums respectively subscribed and paid.

Sec. 6. And be it further enacted, That the company hereby established shall be, and the same is hereby, made a body politic and corporate, under the name and style of " The Cahawba Navigation Company;" and shall so continue until one thousand eight hundred and fifty eight; and by that name shall be, and are hereby made, capable in law to have, purchase, receive, possess, enjoy, and retain, to them and their successors, lands, rents, tenements, hereditaments, goods, chattels, and effects, of whatever kinds, nature, and quality, to any amount, not exceeding in the whole one hundred thousand dollars, including in the amount of capital stock; and the same to sell, grant, demise, alien, and dispose of; to sue and be sued, plead and be impleaded, answer and be answered unto, defend and be defended, in any suit, action, matter or thing, in any court either of law or equity, or in any other place whatsoever; and also to make, have, and use a common seal, and the same to break, alter, or renew, at their pleasure; and also to ordain, establish, and put in execution, such by-laws, ordinances, and regulations, as they shall deem necessary and convenient for the government of said corporation, not being contrary to the laws of this State, or of the United States; and generally to do and execute all and singular the acts, matters, and things, which to them may appear necessary, or which to them it shall or may appertain to do, as incident to bodies corporate; subject nevertheless, in addition, to the restrictions, limitations, and provisions hereafter prescribed and declared: Provided, That nothing in this act shall be so construed as to authorize said company to exercise banking powers, or any other power, not specially delegated in this act.

Sec. 7. Be it further enacted, That the directors shall meet and organize, and appoint such officers as may be necessary for conducting the business of said company; they shall keep regular accounts, and make an annual report of their proceedings to the legislature of this State. In case of the death, resignation, or removal of any one of the directors, or should a 'vacancy occur in any manner whatever in the board of directors, a majority of the remaining directors may fill such vacancy; and an annual election of directors shall be held on the first Monday of February in each and every year at Cahawba; the directors shall have power to change the place of election of directors, giving public notice thereof in some newspaper at least two months before the election.

Sec. 8. Be it further enacted, That the directors, a majority being present, shall have power to determine upon all plans of improvement, and may authorize a committee or agents to contract for or to superintend the execution of any such plan, and to make contracts for necessary supplies, or for such superintendents and laborers as may be required, not to exceed in amount or value the sums appropriated by the board of directors.

Sec. 9. Be it further enacted, that the directors shall have power to enforce the payment of stock subscribed, either by making a failure amount to a forfeiture, or otherwise.

Sec. 10. Be it further enacted, That when the improvement of said river, so far as Maybury's Landing, shall be deemed by the directors to be completed, and the directors shall desire liberty to receive toll for the passage of boats over the same, they shall apply to the governor of this State, who shall cause the same to be examined, and in case such improvement is deemed completed so as to admit the easy ascent and descent of boats of twenty tons burden, then he shall certify the same to the directors; whereupon, they shall be authorized to make regulations for receiving toll not exceeding the rates hereinafter mentioned, that is to say, for each barrel, eighteen cents and three-fourths; for each bale of cotton, ten cents; for each ton of iron, one dollar; for lumber of every description, in rafts or otherwise, one-fourth cent per cubic foot: Provided, Said company shall defray all expenses incurred by every such examination.

Sec. 11. Be it further enacted, That when the improvement of said river shall be completed as far as Oldtown, in Perry county, so as to allow the easy ascent and descent of boats of twenty tons burden, and the directors shall obtain the certificate of the governor in like manner as is provided for in the preceding section of this act, they shall be authorized to make regulations for receiving toll not exceeding the rates hereinafter mentioned, to wit: for each barrel, thirty-seven cents and a half; for each bale of cotton twenty cents; for each ton of iron, one dollar and fifty cents; for lumber of every description, in rasts or otherwise, one half cent per cubic foot.

Sec. 12. Be it further enacted, That when the improvement of said river shall be completed to "Centreville, or the falls of Cahawba, and the certificate of the governor obtained in like manner as is pointed out in a previous section, that then, and in that event, the directors shall be authorized to make regulations for receiving toll upon the whole route, not exceeding the rates hereinafter mentioned, to wit: for each barrel, fifty-six and one fourth cents; for each bale of cotton, thirty cents; for each ton of iron, two dollars; for lumber of every description, in rafts or otherwise, three-fourths of a cent per cubic foot.

Sec. 13. And be it further enacted, That after the completion of all and every part of the improvement in said river, his excellency,

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