Constantine republican. [volume] (Constantine, Mich.) 1836-1838, 1836-09-07

land adjoining or near the same; and iftie par
ties cannot agree, or if the owners of il be a feme
covert under age, non compos mentis, or out of
tho county in which the property wanted may
lie, application may be made to any Justice ofthe
Peace of said county,, who shall thercupon issue
his warrant, directed to the Sheriff of said coun-
ty, or if the Sheriff be Interested, to some dis
interested person, requiring him to summon
twelve frceholders in the county, not in any way
interested in the matter or related to tho parties,
to meet on or near the property or materials to DO
valued, on a day named in said warrant, not less
than five nor moro than ten days after the issuing
of the same; and il, ut the said time and place,
any of tho persons summoned do not attend, the
said Sheriff or summoner shall Immediately sum-
mon as many as may be necessary, with tho per.
sons in attendance as jurors, to furnish a pannel
of twelve jurors and from them each party, or
his, or her, or their agent or attorney, or if either
be not present in person or by agent, the Sheriff
or for him, her, or them, may strike off
three jurors, and the remaining shall act as Jury
of inquest OF damages and before they act as
such tho Sheriff or summoncr shall administer to
each of them an oath or affirmation, that they
will justly and impartially value the damages
which the owner or owners will sustain by the
use or occupation of the land, materials, or prop
erty required by said company And the said ju-
ry shall reduce their inquisition to writing, and
eaAtes ~" ~ WV otAAiSt oAAA ~ bhuil tiit w
sent to the clerk of tho county and by him filed in
his Office, and shall be confirmed by the circuit
court OF said county, ut its next session, ifno
sufficient cause to the contrary be shown; and
whep- confirmed, the same shall be recorded by
said clerk, ut the expense Of said company; but
ifset aside, said court may direct another inqui-
sition to be taken in the manner above prescribed.
Said inquisition shall describe the property Ia
ken, and the bounds of the land required by said
z.anu Such r,Itat.a, vpI,., ,asI ~ ta.
dercd to the owner or owners of said property,
his, her, or their legal representative shall cntitlo
said company to tho estate and interest in the
same, thus valued, as fully as if it had been con-
veyed by the owner or owners of the same for
such term of time as said company shall occupy
the same Us a rail road and If tho valuation be
not received when rendered, it may at any time
thereafter be received from said company with
out costs. And the Sheriff and summoners and
Jurors shall DO allowed the ordinary fees for like
services, to be taxed by the court.
have power to purchase with the funds of the
company, and place on any canal and railroad
constructed by them under this act, all machines,
oats, or water craft of any description, which
they may deem necessary or proper for the pur-
pose of transportation on such canal or railroad
and they shall have power to charge for tolls and
transportation such reasonable sums as shall be
established by the bye-laws of the company here
by incorporated and it shall not be lawful for
any other company, or any person OF persons, to
transport any passengers, merchandise or proper
ty, of any description whatever, upon said canal
or railroad, or any part of il, without the license
or per mission of the said president and directors
of said company and the said canal or railroad,
with all its improvements, works and profits, an l
all machinery used on said canal or railroad, for
transportation, are hereby vested in said company
incorporated by this act, and their successors for
ever. And the shares of the capital stock of said
company shall BIO considered personal property,
and shall be transferable agrceably to the bylaws OF
said company, and subject to be taken in execu-
ton agreeably to such laws as are or may hereaf-
ter be in force. The right and privilege is here
after reserved to the state, or any company now
incorporated, or hereafter to be incorporated under
the authority ofthis state, to connect with the canal
or railroad hereby provided for, any canal or rail-
road aading from the main route to any part on
parts ofthe state Pr0oided, That in forming such
connexion, no injury shall be done to tho works OF
the company hereby incorporated Provided fur
Their, That the said company or companies so con-
Meeting, may have the free use of said canal OF
railroad by paying such a tariff or tolls as may BE-
established by the Legislature and this corporation
shall be entitled to the same rights and privilcgest Il
any and all roads or canals hereafter connected.
Ia. Tho said president and directors shall an.
nually, or s~emi-annually, declare and make such
dividend as they may deem proper Of tho nett pro
fits from the resources of said company, deductinl
the necessary current expenses and they shall
make the dividend among the stockholders ofsait
company in proper proportion to their respective
shares.
8 Is. IF any person or persons shall wilfully
and maliciously, by any means whatever, injuro
impair or destroy any part OF tho banks OF SAT-
canal or railroad, or any work connected witt
said canal or railroad constructed by the said com
pany under this act, or any of the necessary build
ings, or machinery, or boats of said company
such person or persons so offending shall each o
them, for every such offence, forfeit and pay u
| the said company a sum not exceeding three time
the amount of damages caused by such offence
| which may be recovered in the name of said com
pany, by an action of debt in any court havin!
| competent jurisdiction in the county wherein TIN
| offence shall DO committed, and shall also be sub
iect to an indictment, and upon conviction of sucl
offence shall DO punished by fine and imprison
ment at the discretion of the court: Provided
The term of Imprisonment shall not exccod ON
year.
l6. The State shall have the right at any tim
after the expiration of fifteen years from the com
pletion of said canal or railroad, to purchase AM
hold the same for the use of the state, at a pric
not exceeding tho original cost Of said canal o
rail road, exclusive of repairs thereof, and Ia pc
cent. thereon, of which cost an accurate accoun
shall be kept and submitted annually, on the frs
Monday in January, to tho legislature, duly al
tested by the oath Of tho officers of the said com
pany, and at such other times as said legislator
shall require the same: Provided, however, II a
pany shall have realized IL per centum per annul
upon the original cost of construction and a
other expenses, and upon the moneys expended !
repairs of said canal or railroad, and for fixtures
then the State shall have the privilege OF purchai
ing said canal or railroad and fixtures at the cos
and seven Per centum thereon.
IL. Said company shall at all times, 1T reqire
by the post-oficc department, transmit tho Unite
States mail upon said road as often as their cal
or boats shall pass tho same, not exceeding twit
in each day for such compensation as shall
agreed upon by said company and the said depar
ment, not exceeding the average price paid by sa
department for the transportation Of the mail
ost.coachcs three times per week, q like distaDc
upon tho several post roads in this state: Propi
ed. Nothing herein contained shall be constru'
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