Phenix gazette. [volume] (Alexandria [D.C.]) 1825-1833, 1830-02-05

ny tnlOg 10 Toe SalG company wheTe suth oe
ne6, shall exceed. 10 the estimate OF the jury,
the value and damages ascer'ained as Aioresaid;
and the inquis,ion thereupon AIKEN shall b.
signed by the Marshal, and sumo twelve or
more Of The jury, aud te,urned by the Marshal
to the CLERK Of the county, and unless good
cause be sho yn against the said inquisilion, IL
shall be affirmed BY the Court, and recordrd;
but, if the said inquisiIion should be set aside,
or If, from any cause, No inquistion shall he re-
turned 10 such CourI within a reasonable lime,
the said Court may, at iIs discretion, as often
as may be necessary, direct another mquisi'ion
to be takea, in the manner abnYe prescribed;
and upon every such valuation, The jury is here
bv directed o describe and ascertain In bounds
Of the lard by them valued, and the quantity
and duration Of the interest and estate In ,he
same, required by the said Company for its
use: and their valua ion shall be conc u,ise up
on all persons, and shall be paid by the said
Presiten, and Directors to the owner Of the
land, or his legal representatives.; and, on pay
men, thereof, The said Company shall be seiz-
ed Of such land, ss Of an absolute esia'e in per-
petuity, or with such less quantity and dura'
ton ofinterest in the same, Or subject 10 surh
partial or temporary use or occupation, as shall
be required aud described as aforesaid, as if
conveyed by the owner Of them; and whenever,
in he construction Of the said canal. or any Of
The works thereof, lscks, dams, ponds, feeders,
tunnels aqueducis. bridges, or works, Of any 9TH
er description whatsoever,appurienan 'here'o,
il shall be necessary TO use earth, timber, stone
or gravel, or any other material, to oe found
on any Of the lands adjacent, or near thereto,
and the said President and Directors, or their
agent, canno, procure the same for The works
aforesaid, by private contract, OF the proprietor
4. Hch. m ha I.Y
covert, or non. compos, or under age, or
GU, Of the District Of Columbia the same pro
ceedines, in all respects, shall be had as in the
case before mentioned, Of he assessment and
condr mna,ion Of the lands for the SAID canal,
or he works appurtenant thereto.
SEC. II find be IL further tnacisd, That it
hall be the duty of the company hereby incur-
pora,ed, 10 cut, Ike, and construct the said
canal, with good aud ,ufficien, locks, on the
moss improved plan for expedition in the use
thereof, and with a width OF no, less han forty
feet al the surface OF The waller therein. or oil
twenty eight feet at the bot ON thereof, unless
the gu alily OF the soil should require narrow
base, TO admit of sufh iesi SLOPE to preserve
the banks from sliding down, and sufh lent 10
sdnit, at all seasons, the navigation OF boals
ana RATS wi h depth ul -- fee; water,
al The least; and wherever wastes Shall BE- es.
seniial 10 the security OF the SAID canal, and IN
no other situation whatever, along The same, The
the waste water of the said canal may be, from
lime 10 time sold ordisposed OF or the said COM
psny, for the purpose Of supplying such works
aud mac hnery as reqai:e waer power ana
along one side at least Of The SAID canal, and
such 3quedncls as il may render nrces-
sary, there shall be proviled, throughout its
whole extent, a towing path OF sufficient
bread 'h to apply the power Of horses to The
haviga ion thereof.
SEC. Is. find be ii further enacted, That the
stock OF The said company shall BIZ considered
as personal estate. aud shall only be ransfeta.
bic by he owners thereof, in person o. by proxy,
on The books Of he Company: Provided ,haI no
transfer shall be made, TX, ept for one or more
whole shares. and no, for part ut such share or
sba res and thai no share or sha'es shall al a.
nv line be- sold, conveyed or held IN trus', Tor
The use and hene6, or in The Rsm' Of ano her,
whereby The said President and DIRECTORS, or
IN, stockholders OF the SAID Company or any
OF 'hrrn, shall or may he challenged or MADE
to answer; concerning any such uus 8, bu, tnat
every p r>on appearing, as aiorssaid, to he
,lockhnlder shall, as 10 The Others OF he said
Company, be TO every Intent, taken absolutely
rs such; but, as between any trustee, and the
person Tor whose benefit any rrus, shall be cre
ed, The common remedy may DC pursued.
Sec. is. find be ii further enacted, ihar, i!
The CAPT al alore SAID shall prove insufficient II
shall aud may be lawful for Toe said Company
from Tine to time, TO Increase. the SAID ,apiai,
ny the addition Of so many whole shares a,
sholl be Judged Necessary by the said stock
holders, or ma jorily OF ,nen, present. at any
general mrsine OF the SAID Company; ano
the said President and Directors, or i m" Jo'i
ty Of hem, are nereby empow' red and requir-
ed, after giving al leas, ,~" mouths previous
noIce thereof in such newspsp rs as !he,
may mink proper, to open books a. such pl
ces as they shall think proper, for receiving
such addi,ional subscriptions, in which The
stockholders of the said Company, for the time
being, shall, aud are, hereby, dsclar'd TO have
the preference Of all others, FOR The FIST Ihiry
days after the SAID books shall be opened, as a.
foresalG, Of taking and sLbserb;nsfor so many
whole shares as any of them shall choose; and
the said President and Directors are hereby
required TO observe, in all other respects, the
same rules therein. as are by this aci prescribe