- Title
- Revised statutes of the state of North Carolina, passed by the General Assembly at the session of 1836-7, including an act concerning the revised statutes and other public acts, passed at the same session ... [v.2]
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- Date
- 1837
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- Place
- ["North Carolina, United States"]
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- Series
- North Carolina General Statutes
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Revised statutes of the state of North Carolina, passed by the General Assembly at the session of 1836-7, including an act concerning the revised statutes and other public acts, passed at the same session ... [v.2]
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DISMAL SWAMP CANAL.
225
the first subscriptions, and in like maimer to return under the hands
of any three or more of thorn, an exact list of such additional sub¬
scribers, with the sums by them respectively subscribed, into the
courts as aforesaid, to bo there recorded : And all proprietors of
such additional sums, shall and ace hereby declared to bo from
thenceforward incorporated into the said company.
18. And be it hereby declared and enacted , Thai the tolls here- Conditions on
in before allowed to be demanded and received are granted and ^granted.0118
shall be paid on condition only, that the said Dismal Swamp Ca¬
nal Company shall make the canal thirty two feet wide, and eight
feel in depth below the surface of the earth, and capable of being
navigated in dry seasons by vessels drawing three feet, water from
Deep creek, near Tucker’s mill, in Virginia, to the highest good
navigation for vessels of the aforesaid draft in Pasquotank river, in
North Carolina, with sufficient locks, each of ninety feet in length,
and tbirtytwo feet in breadth, and capable of conveying vessels
drawing four feet water at the least, and that each of the cause¬
ways shall be twenty feet in breadth.
I'J. And it is hereby enacted and provided, That in case the 2®“
sairl company shall not begin the said work within one year alter and completing
the company shall he formed, or if the said company shall not [Tlme'cnhr'cd
complete the navigation and works as aforesaid, within ten years by mo.c.'ssi.]
after the said company shall he formed, then shall all interest of
the said company, and all preference in their favor as to the navi¬
gation and tolls of the said canals and causeways, be forfeited and
cease.
And whereas at a meeting of commissioners appointed by the Compact tie-
two States, to wit : Robert Andrews and John Cooper, Esquires,
on the part of Virginia, and William M’Kenzic, James Gallaway,
and John Stokes, Esquires, on the part of North Carolina, at Fay¬
etteville, in the State of North Carolina, on the twelfth day of
December, in the year of our Lord one thousand seven hundred
and eightysix, the following compact was mutually agreed to by
the said commissioners :
First. The State of Virginia agrees that the waters of Elizabeth ®ce
river, from the said canal to the mouth thereof, the waters of 2. ’ ' ’
Hampton road and of Chesapeake bay to the capes, and also Ro-
anoake river, wherever it is in Virginia, shall he forever consider¬
ed as a common highway, free for the use and navigation of ves¬
sels belonging to the State of North Carolina, or any of its citizens ;
and that they shall not he therein subject to the payment of any
toll or charge whatever, imposed for the purpose of raising rev¬
enue.
Secondly. The State of Virginia agrees that no restriction, duty ^eP°^0^
or impost, shall be laid on any commodity which is the growth, station. See
produce or manufacture of the State of North Carolina, brought
through the said canal, or over the said causeways, for sale or ex-
29
States ot Virginia and North Carolina, to agree on the torm ol an mkskmers of
act for cutting the said canal, and for regulating the commerce Carolina
which may he carried on through it between the citizens of the™1 Irsmu'
VOL. 11.
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