i4> 168] 
after which, if such surplus shall still arise, the same shall he divided 
among al! the stockholders, without discrimination, in proportion to 
tlieir respective shares, until the annual dividend thereon shall have 
reached fifteen per cent, beyond which it sliall never extend; but 
should the nett revenue of the company exceed tlint amount, for any 
tvvo years in succession, then such excess shall be applied by the 
president and directors in such mode as shall be agreed on by a ma- 
jority of t!ic stociiholders convened in general meeting; first, to 
strengtiiening and improving the works of the canal of every descrip- 
tion: requiring the same next to the accommodation where not al- 
ready provided, of the inhabitants of the sliores of tlie river Potomac, 
and of the country drained by the tributary streams thereof, rtow 
navigable, or which may hereafter become so, by affording to them, ia 
tlie best practicable mode, a safe and easy access to the canal, fi-oiu 
the surface of the main river, and of the said streams emptyi ig there- 
in; and last of all, to the erection of such walls of stone, or other ma- 
terials, along the water margin of tlie canal, as shall fit the same for 
the navigation of steam boats, of a size adapted to the said canal; and 
should the said tolls continue, after all such improvements have been 
completed, to nett more than fifteen per cent per annum to tlie stock- 
holder:;, for any two years in succession, tlie tolls upon the same sliall 
be reduced by the president and directors, according to some just and 
efiuitable ratio, till the sa^id dividend sliall I'all to fifteen per cent jier 
annum: Fronided, That, siiould the said dividend thereafter sink be- 
low fifteen per cent the said tolls, or a part thereof, may be renewed, 
till the said nett dividend reaches that amount: and for any, or all 
of the within mentioned purposes, the said president and directors are 
empowered to boiTOW, in belialf of the company, on the credit of such 
excess of tolls, such sum or sums of money, as they may deem expe- 
dient, at such rate of interest, and with such delay of payment, as 
they may stipulate, v,ith the previous consent of a majority of tlie 
stockholders in general meeting convened. 
Skc. 12. Jiidbc itjiirther enacted, That it shall be the duty of the 
president and tUrectors of the Chesapeake and Ohio Canal Company, 
so long as there shall be and remain any creditor of the Potomac 
Company, who shall not have vested !iis demand against tiie same 
in the stock of the Chesapeake and Oliio Canal Company, to pay 
«uch creditor or creditors, annually, such dividend or proportion of 
the nett amount of the revenues of t!ic Potomac Company, on an aver- 
age of the last five years pi'eceding tiie organization of the said pro- 
posed company, as the demand of tlie said creditor or creditors at 
this time, may bear to the whole debt of one hundred and seventy- 
five thousand eight hundred dollars. 
Sec. 13. Jl'.id be further c:racted. That, whenever the Potomac Com- 
pany shall liave declared its assent to the provisions of this act, in the 
manner iici-ciubcforc provided, it shall be lawful tor the said company 
to surrender its charter, and convey, in due form of law, to the Chesa- 
peake and Ohio Ca?ial Company, hereby incorporated, all the proper- 
tj; rights, and privileges, by them owned, poisessed, and enjoyed. 
