The Rhode-Island Republican. [volume] (Newport, R.I.) 1809-1841, 1830-07-15

eu, I'LL the siuu nett dividend reaches
that amount.
Sec. IL. And be IL further enacted.
That the said canal, and the works to
be erected thereon, i'm virtue of this act,
when completed, shall for ever there
after be esteemed and taken to be nav
4 igable as public highway, free for
the transportation of all goods, COM
modities, and produce, whatever, on
( payment of the tolls to be imposed, as
provided by this act; and no other toll
or tax whatever, for the use of the said
canal, and the works thereon erected,
shall at any time hereafter be impos-
ed, unless under sanction of law of
the United States.
Sec. I3. And be IL further enacted.
That it shall and may be lawful for the
President and Directors, or a majori-
ty of them, To agree with the owners
of any land through or on which it is
intended that the said canal, or any Of
the works thereunto oappertaining, shall
pass, or be situated, or of the land nec-
essary for the construction Of basin at
the termination of the said canal at Al
exandria, for the purchase or use and
occupation thereof; and in case of dis
agreement, or i'm case the owner there
of shall he a femecovcrt, under age,
norl-compos, or out of the District of
Columbia, OH application to a. Justice
of the Peace of the county iif which
such lands shall be, the said Justice Or
the Peace, shall issue his warrant, un-
der his hand and seal, to the Marshal
of the District of Columbia, to sum-
mon a jury of eighteen inhabitants Of
that county, not related to the parties,
nor in any manner interested, to meet
on the land to be valued, ut a day To
be expressed in the warrant, not less
than ten, nor more than twenty days
thereafter: and the Marshal, upon re-
ceiving the said warrant, shall forth
with summon the said Jury, and, when
met, shall administer an oath, or affir-
nation to every juryman who shall APP
pear, being not less than twelve in
number, that he will faithfully, justly,
and impartially, value the land, and all
damages the owner thereof shall sus-
tain by cutting the canal through such
land, or the use or occupation for the
purpose and period necessary, of such
land, according to the best Of his skill
and Judgment, and that, i'm such valu-
alton, he will not spare any person for
favor or affection, nor any person
grieve, for malice, hatred or illwill;
and in every such valuation and as
sessment of damages the jury shall be.
and they are hereby, instructed to con-
slider in determination and fixing the
amount thereof, the actual benefit
which will accrue to the owner, from
conducting the said canal through, or
erecting any of the works upon his
land, and to regulate their verdict
thereby, except that no assessment
shall require any such owner to pay
or contribute any thing to the said
company, where such benefit shall exc
ceed, in the estimate of the jury, the
value and damages ascertained as IL
foresaid; and the inquisition, thereup-
on taken, shall be signed by the Mar
shal, and some twelve or more Of the
jury, and returned by the Marshal to
the Clerk of the county, and unless
good cause be shown against the snid
inquisition, it shall be affirmed by the
Court, and recorded; but if the said in
QUESTION should be set aside, or it,
from any cause, no inquisition shall be
returned to such court within rea-
sonable time, the said Court may, at
its discretion, ms often as may be nec-
essary, direct another inquisition to he
taken, in the manner above prescribed;
and upon every such valuation, the iu-
ry is hereby directed to pescribe and
ascertain the bounds Of the land by
them valued, and the quantity and du.
ration of the interest and estate in the
same, required by the said Company
for its use: and their valuation shall be
conclusive, upon all persons, and shall
be paid by the said president and Di-
rectOrs to the owner Of the land, or his
legal representatives and on payment
thereof, the said Company shall be
seized of such land, as Of an absolute
estate in perpetuity, or with such less
quantity and duration ofinterest in the
same, or subject to such partial or tenn
porary use or occupation, as shall be
required and described as aforesaid,
as if conveyed by the owner Of them;
and whenever i'm the construction OF
the said canal, or any Of the works
hereof, locks, dams, ponds, feeders,
unnels, acqueducts, bridges, or works
IF any other description whatsoever
thereto. II shall he neces