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or their families, and that the proprietor may grind grain for the consumption of his family in preference to that of others.
SEC. 12. Whenever a public road shall be injured by the building of any mill, or dam, or machine, or by the making of any mill race, or by turning or changing the course of any stream of water, it shall be the duty of the owner of such mill, dam, or machine, or race, or of the person so turning or changing the course of the stream, his heirs and assigns, to repair such road so injured, and to keep the same in good repair at his or their expense. If any person shall offend against any provision of this section, he shall forfeit twenty dollars.
SECTION 1. The circuit court shall have power to license any suitable person to keep a public ferry at any place within this District where a public ferry is now kept, and at such other places as the said court shall think proper. Such license shall be valid only for one year.
SEC. 2. Before any such license shall be granted, the person applying for the same shall give bond to the United States in the sum of five hundred dollars, with sureties to be approved by the circuit court, or by one of the judges thereof, with condition that he will faithfully and diligently keep the said ferry, with such boats and hands as the said court shall direct, from daylight in the morning until nine o'clock at night; and that he will not charge or receive any greater price for ferriage than is allowed by law. For the license, bond, and a copy
of the rates of ferriage, the clerk of said court shall receive one dollar, to be paid by the party applying.
SEC. 3. If any person shall, without having obtained such license and entered into such bond, keep a public ferry, or shall, for hire or reward, within the time named in the preceding section, transport any person across any river in the District, at or near the place where there shall be any toll bridge or public ferry, such person, for each offence, shall forfeit and pay a fine of twenty dollars.
SEC. 4. No new ferry shall be established, unless at least three weeks' public notice of the intended application therefor shall be given by advertisement, inserted at least six times in some newspaper published in Washington City, so that all persons interested may have an opportunity to show cause why such new ferry shall not be established.
SEC. 5. The circuit court shall have power, from time to time, to regulate and establish the price of ferriage at each ferry, and to direct how many and what kinds of boats shall be kept, and what number of fit and proper hands shall be employed in the boats. Such directions shall be expressed in the license.
SEC. 6. Every person keeping a public ferry shall constantly keep set up in a public place at or near his ferry, a copy of his license, and of the prices allowed him for ferriage, under a penalty of ten dollars for every day such copy of his license, or of his prices aforesaid, shall not be kept set up as is herein required.
SEC. 7. If any licensed ferry keeper shall ask or receive more than the price allowed by the order of the court as aforesaid, he shall forfeit and pay a fine of twenty dollars for every such offence.
SEC. 8. If any ferry keeper shall die, or remove from this District, or shall cease to keep his ferry before the expiration of the year for which his license has been granted, the circuit court, or any judge thereof when said court is not in session, may grant a license to another suitable person for the residue of the year, upon such person giving the bond required by the second section of this chapter.
SEC. 9. Whenever the circuit court shall judge it necessary to establish a ferry, and no person shall apply to keep the same for the profits thereof, the corporations of Washington City and Georgetown, within their respective limits, or the levy court of the county of Washington outside such limits, shall provide one or more suitable persons to keep and attend the same, at such place, and at such times of the year,
and under such conditions, as shall be named by the circuit court; and the expense of maintaining such ferry, beyond the amount received for ferriage, shall be paid by such corporation or the levy court, as the case may be.
SEC. 10. If any ferry shall be discontinued or disused, and generally unfrequented, for the space of one year, it shall be no longer deemed a public ferry.
Of religion, church property, and benevolent associations.
CHAPTER 19. Of religious freedom.
CHAPTER 20. Of church property and benevolent associations.
OF RELIGIOUS FREEDOM.
SECTION 1. No person in this District shall be compelled to frequent, nor, unless in consequence of his voluntary contract, to support any religious worship, place, or ministry whatsoever; nor shall he be enforced, restrained, molested, or burdened in his body or estate, nor shall otherwise suffer on account of his religious opinions or belief; but all persons shall be free to profess, and by argument to maintain, their opinions in matters of religion; and the same shall in nowise diminish, enlarge, or affect their civil capacities.
OF CHURCH PROPERTY AND BENEVOLENT ASSOCIATIONS.
1. Land for the use of a religious congregation may be held by trustees.
2. Conveyance not to be void for the want of trustees.
3. The circuit court may appoint or change trustees.
4. Books and furniture to be held by trustees. 5. Trustees may sue, &c.
SECTION 1. Any lot, or part of a lot, tract, or parcel of land, heretofore or hereafter conveyed or devised to one or more trustees, for the use and benefit of any religious congregation as a place of public worship, or as a burial place, or as a residence for a minister, shall, together with the buildings and improvements thereon, be held by such trustee or trustees, or their successors, for the purposes of such trust, and not otherwise.
SEC. 2. Any conveyance or devise heretofore or hereafter made of such property, for the use and benefit and purposes mentioned in the preceding section, shall not be void by reason of the want of trustees to take and hold the same; but trustees may be appointed in the manner directed by the succeeding section.
SEC. 3. In the case of any conveyance or devise for the use, benefit, and purposes mentioned in the first section of this chapter, the circuit court shall, on the application of the district attorney, on behalf of the authorized authorities of any religious congregation, have full power and authority, from time to time, to appoint trustees, either where there were or are none, or in place of former trustees, and to change those so appointed whenever it may seem to said court proper to effect or promote the purpose of such conveyance or devise; and the legal title shall for that purpose be vested in the said trustees for the time being, and their successors.
SEC. 4. When books or furniture shall be given or acquired for the benefit of a religious congregation, to be used in the ceremonies of public worship, or at the residence of their minister, the same shall stand vested in the trustees having the legal right to the land conveyed or devised for the use and benefit of such religious congregation, to be held by them, as said land is held, for the benefit of such religious congregation.
SEC. 5. The said trustees may, in their own names, sue for and recover such land or property, and be sued in relation thereto; and such action, notwithstanding the death of any of the said trustees or
the appointment of others, shall proceed in the names by or against whom it was instituted.
SEC. 6. Trustees, for the use of any religious congregation, shall not take or hold, at any one time, more than three acres of land in an incorporated town or city, nor more than fifty acres out of such town or city. Any conveyance, devise, or dedication of any greater quantity of land than as aforesaid, for the use of any religious congregation, shall be void.
SEC. 7. Nothing in this chapter contained shall be construed to forbid such trustees from selling or disposing of the property held by them for the use and benefit of a religious congregation, whenever they may be required so to do by the religious congregation of which they are the trustees; provided, that the proceeds of any such disposition shall be applied to the use and benefit of such religious congregation, and for the purposes mentioned in the first section of this chapter; and provided further, that no gift, donation, devise, or bequest, for the use of a religious congregation, shall be applied to purposes different from those declared of and concerning the same by the grantor, donor, or testator.
SEC. 8. Any one or more of the members of any religious congregation may, in his or their name, on behalf of such congregation, commence and prosecute a suit against any trustee, to compel him to apply the property vested in him, or fund in his possession, for the use of such religious congregation, as his duty shall require.
SEC. 9. When any conveyance or devise of land has been or shall be made to trustees for the use and benefit of any benevolent, or literary, or scientific association, or if, without the intervention of trustees, any such conveyance or devise has been or shall be hereafter made for such use or benefit, the second, third, fifth, and eighth sections of this chapter shall be construed as if they were expressly made applicable to such benevolent, or literary, or scientific association.
SEC. 10. When books, furniture, or apparatus shall be given or acquired for the benefit of any benevolent, literary, or scientific association, to be used by such association, the same shall stand vested in the trustees having the legal title to the land held by them for the benefit of such association.