Richmond palladium. [volume] (Richmond, IA [i.e. Ind.]) 1839-1854, 1839-04-13
RICHMOND E. ROCKVILLE
ANAL CHI RTER.
An Act to incorporate the Brookviile
and Richmond Canal Company, ap-
proved February II, 1888.


proved February II, 1888.
SEC. l. Be it enacted By the General Asst7,.-
oty q. the State Of Indiana, That Benz amin Fu-
gum, Edmund Grover, Col Smith Hunt, Thomas
= I-aTsh, Warner NJ. Leeds, James r. Mcudcn-
hall, Robert Morrissop. Ai;icus Sidda and A.
chilles Williams OF the county of Wayne, James
Heard, William iouse, John Rider, Jesse Starr,
Jacob immel, and James Osborn of The county
OF Onion, James L. Andrew James N. AicMan-
nus, Gregg NJ. Thompson, Nathaniel B,sse'
James II. Speer, Samuel Goodwin, James s.
CoaIscott, John A: Matson, and Abner McCarty,
OF the county Of Franklin, their associates and
succossors be, aud they hereby constituted
and made "A body polite and corporate, and shall
name Of the "Richmond and Brookvillc Canal
Company" and by that name may and prose-
cute, and DO sued and prosecuted TO final jndg
fnent and execution in all courts having compo-
tent jurisdiction, and may have common seal,
and the same alter and renew at pleasure. and
shall he and are hereby vested with all the pow
efs and privileges necessary to carry into effect
the objects of this association
SEC. 2. That the said corporation be, and is
hereby authorized to locate and construct upon
the general plan and dimensions OF the White
Water cnna, IA navigable canal, with all neces-
sary locks, towing paths, basins, nqueducts, cul-
verts, wasto-wIers, dams, wharves, emhaHk-
dages on a route, commencing west Of the town
Of Richmond in Wayne county at a suitable
point on the East fork of Whitewater, sixty rods
north Of tho line dividing townships thirteen
and fourteen IN range ono west-thence along
the valley Of said East fork of Whitewater TO a
junction with the Whitewater canal at or near
tho town OF Brook vile in Franklin county. which
cnnal shall be designated and known the"Rict,-
mand and Brookviiie Canai,' and they shall be
Mt liberty, and arc hereby clothed with power to
use tho water Of tho said East fork of Whitewa-
ter, or any rivers, streams and fountains of wa
ter, near to which the said canal may
pass. and TO construct feeders any other i'm
Provsments for the Of said canal, for any
hydraulic works connected with it, Prorided,
That the said company shall not take from any
stream, river, reservoir, other fountain of wa
ter. more than is necessary for the convenient
and economical navigation Of said cana, unless
they shall have first obtained the consent in
writing of every person or persons, corporation
or corporations, lawfully claiming the water IN
any stream, river, other fountain from which |
.hey may draw excess over and above So
much as may bo necessary for the purposes Of
navigation.
Sec. g. That for III. purpose Of assuring to the |
said corporation oil the lands, real estate waters
and materials requisite for the most economical
ly constructing and maintaining said canal and
works connected Herewith, and incident, and
necessary to the navigation of the same, whenev
or the said lands, waters, and materials shall
not be obtained by voluntary donation or fair pur-
chase, it shall he lawful for said corporal iOn by
any OF their officers, and by each and every a.
gent, superintendent engineer by them EN-
p,oyed, to enter upon and take possession OF, and
use all such lands, real estate and streams
shall be necessary for the purposes aforesaid ;and
also to enter upon and take all necessary materi-
ais Tor ile construction Of said c...-!, and other
works connected Herewith, adjoining near
NnaI ar nj hQP hns |
thew may be, and not otherwise taken and ap-
by the owner 10 any special use do
ing thereby no unnecessary damage, they satifv-
ing and paying all damages which may be occa-
stoned thereby to any person or persons, corpor-
n,ion corporations in tho manner hereinafter
provided.
SEC. a. That If at any time after said canal
or any of its branches feeders are located, any
unforeseen obstacles, imr edments, or inconveni-
onces on the route located, the said corpor-
ntion shall have power to deviate from the course
marked out, SO far aud in such manner as may
be best calculated TO surmouni, overcome. or a
void such obstacles Or inconv nences; said cor
poration satisfying all damages which nav be &C.
cas:oned thereby in the manner hereafter pro-
vided; and said corporation may from time to time
make such alterations in the course or dimensions
Of said canal, its branches md feeders. as may
he necessary expedient, satisfying all damages
in manner aforesaid.
..
hereby authorized and empowered 10 purchase
md hold to them and their SUCCESSORS forever,
real and personal estate to any amount necessa-
ry for constructing, maintaining, and repairing
said canal and the works connected Herewith;
md may receive, hold and take all voluntary
grants and donations Of land and real estate,
which shall be made to aid the Objects Of said
corpors ton, md may also erect mills and other
hydraulic works on said canals, feeders, and res
crvoirs; and whenever in any CT the ways afore
said said corporation shall become possessed of
aud own any lands roal estate, which i! may
be necessary for them to retain for the purposes
afores said it shall be lawful for them TO lease,
cupy, alien and convey the same by lease or
Iced with their seal affixed thereto: Proriaed
soreper that all lands and estates Belonging tosaid
corporation, necessary for the navigation of said
canal, and for maintaining and repairing the s1me.
and the works connected herewith, shall be
held by said corporation and applied to aud for
The aforesaid purposes. !
SEC. &. That toll be, and is hereby granted
and established for the solo benefit of said cor {
poraton forever; and il shall be lawful for said
corporation from time to time TO fix regulate aud
receive the tolls and charges by them to bo re-
,eivablo for tho passage Of boats other craft /
md for the transportation Of property PERSONS
IN the canal authorized by this act: Proridcd, s
49,. ~ tolic as oh,iShed fror,