Richmond palladium. [volume] (Richmond, IA [i.e. Ind.]) 1839-1854, 1839-04-13

witfuIly ubstruct the water or navigation, re-
in any way spoil, injure or destroy sand ca
nal or its branches, feeders, or Reservoirs or any
part thereof, or any thing belonging thereto, or
anv materia! to be used in the construction there
Of, such person persons Tor any person or per
F, SONY assisting, aiding or abettng III such tres
pass shall forfeit and pay 10 the said corpofailo
treble the amount Of the damage sustained by
mems of such offence or injury, TO be sued tor
and recovered with cost OF suit and by action OF
debt in any court having competent jurisdiction,
by the treasurer Of SAID corporation, or by any
other person tiereunto, by said cofpor IN au-
tIiorizcd.
SEC 8. That whenever any lands, wafer or
materials shall be taken for the construction OF
said canal any Of its feeders. or works connec-
ted herewith, ond the same shall not be given or
granted 10 said corporation, and the proprietor
or proprietors do not agree with said corporation
as 10 the compensation TO be paid therefor, 1t
shall be lawful for the person persons claiming
compensation as aforesaid, TO select for them
selves arbitrator, md the said corporation
shall also select arbitrator: and the two thus
selected shall take to themselves n third, who
shall award arbitrators between the parties,
md report the result OF the said award IN writing,
from which said award either party may appeal
to the circuit court having jurisdiction thereof;
and in all where compensation shall be
claimed for lands waters, It shall he the duty
of the arb;traiors, or the court to estimate any
advantage which tho location and establishment
Of said canal NAV he TO the person or pessnns
claiming such compensation: and such advantage
if any, shall lie set off against the compensn-
ton claimed of said corporation, and said ap-
peal when taken, shall. in all respects proceed rs
in other cases, to said court, and be brought into
said court by filing the award with the clerk of
the court, whose duty it shall be 10 enter the
same on his docket, setting down the person or
persons who claim compensation as plaintiff,
and the corporate defendant.
SEC. TO- That it shall be the duty of said COR
poration to make and construct said canal with
good and sufficient locks, which shall not be less
than the Whitewater canal IN regard 10 the av-
erage breadth and depth of the water therein,
and the length and breadth of the locks erected
thereon, SO as 10 admit of the easy passage of
the same boats or other water crafts which may
be used in the naviga ton of said canal; and also
to keep in good repair suitable and convenient
bridges over said canal, in all such places where
said canal shall cross any existing state and
county road which, at the time of location shall
he opened and used such without unnecessary
DELAY and the said canal ard works to be erect
ed thereon in virtue of this act, when compile
ted, shall forever thereafter be esteemed, and Ia
ken to be navigable public highway, free for
the transportation Of all goods, commodities and
produce whatsoever, on payment OF the tolls
10 be imposed as provided by this act and no 9TH
er toll ortax whatever for the of said canal
and the works thereon erected shall at any time
be imposed, but by the consent of the
state of Indiana.
Sec H. That in all cases where any road or
public ghway, is so located as that said canal or
any Of its tributaries cannot be judiciousiy laid
out and made without interfering Herewith, 1t |
shall be lawful for said corporation to such
road or highway TO be SO altered as that said Ca
nal and other works may be laid out and con |
.trncted on he most advantageous site ofground: |,
that said corporation shall cause such |
Ia. 4
repair the old one was at the time of remov /
ing the same, at their own cost ard expense. and I
.etors shutting up or obstructiug said high .
way.
SEC. H. That if after the location and con-
struction of said canal as aforesaid, any altera-
lions shall be made in the course OF dimensions
Df it's feeders branches, or if any new bran
ches or feeders shall be made in aid of said CANAL
The damages may be estimate in the same way
and the same proceedings had, in manner prov-
led in this act.
Sec l3. The capital Stock of said corpora
lion shall consist Of five hundred thousand dollars,
10 be divided into shrcs Of fifty dollars each, and
nav be subscribed for by individuals, companies,
or States. The persons named in
the first section Of this act, or any nine OF them
shall be commissioners, whose duty it shall be, as
soon as NAV be convenien. or expedent, after the
passing OF this act, at suitable place places
designated and chosen by said commissioners, TO
open books Of subscription TO the capital stock of
said corporation. Thirty days public notice shall .
be given by the said commissioners of the time
and place or places of opening such books, in two
Or more public newspapers printed i'm the county
Or counties of Wayne, Union and Franklin. in the
State of Indiana. Books for subscription shall be
Kept open twenty days, Sundays excepted, and
i've dollars for each share subscribed shall be paid
q the commissioners before the election of the
irst board of Directors. In case there shall be
to more than the amount of stock /
authorized BY this act within the twenty days, it
shall be the duty of the commissioners to appor-
ion the same among the subscribers thereto, in
,nch manner that subscription shall be reduced
any other remains greater, nor shall any
subscription he reduced below ten shares, and If
ter such reduc ton, there should still remain
excess of subscriptions. such excess shall be de-
lucsed from the subscriptions last made. As soon
Is the subscription 10 the capital stock shall be
compile ted, and distribution thereof made as a.
oresaid, the said commissioners shall give like
,otice of thirty days for meeting of the stock
,olders to elect seven directors each of whom
hall be a stakeholder TO an amount Of at least
en- shares. and resident of the county of either
Vayne, Union or Franklin, of the State of Indi-
ma and they shall hold their Offices for year.
II until their successors shall be chosen, here
natter prov ided for The said commissioners shall
70 inspectors of the first election of directors of