Indiana State sentinel. [volume] (Indianapolis) 1841-1853, 1846-01-22


Of doing its pleasure Whenever any vacancy shall
in the board Of by DEATH resignation other
such vacancy shall be filled by The General Assembly, hy
the subscribers aforesaid their assignees, TO whom be-
ionged the election II the trustee whose seat shall become
vacant, the may he.
SECT Is The tolls and Of said Canal shall &c
applied to the repairs and expenses thereof and the
sion Of the until after the first day If January 1917;
from which period and and udng the fst of
January 1888, said tolls and revenues after defraymg all
Deedfu expenditures aud nuys for repairs ATTENDANCE and
other necessary hgs spperainng thereto shall be applied
subject TO the im contained eighth section of
this act 10 the payment Of the two and half per
teres unpovded for by the State the principal Of the
surrendered bonds from the FIRST day Of January, lS47
the hrt day Of January, 1888 at which time the decen
ces, f any Of laid tolls and revenues discharge said
shalt be added the unployded for two and half
cent the principal Of said bonds surrendered from
the FIRST day Of January 1884, 10 the st day of January
ls47, and the thereof shall be converted into the
special stock herein before referred tohe principal and In
erest OF which, shall be only payable out of the said Canal
lands and tolls and Of said Canal herein before
provided and for which proper certificates If stock shall
issued But for the redemption Of said principal the pay
ment OF said interest," the faith Of the State is in nowise
pledged.
SECT IA. 1t shall be lawful for any other person
bondhoder subscribe advance afOre
party sail have the right to register with trustees
brief description Of bonds certificates Of stock under such
subscription, at time within year from the first day
OF November next and furtheI any bondhoder shall have
theht within two years from the hst day Of November
next register with said description Of
bond certificate Of Stock and 10 SAID trustees his
rata share OF said advance together with interest from
the time when the original subscription took effect and
which registry payment shall lace party on the
same footing as il be had originally subscribed thereto.
Sect 10. The first boald Of trustees organized under
this act shall fix the time and place. and by suitable rules
and regulations TO be entered upon their records prescribe
the mode and OF subsequently eecling
the part Of the subscribers aforesaid and hoe who may
thereafter become subscribers their aSsigneeS which
rules and regulations shall all times be subject be
tered amended by said board
Seer. l6 The and principal be paid OF
said canal lands and tolls and Of said canal by said
trustees shall be payable half yearly at the city Of New
YDr he hrSd av nf lam Intv Of
commencing on the hrSi day Of July, lS47.
Seer H. The majority Of the said board Of trustees shall
have and authority and decide all
the action or decision Of the majority shall be binding
said board and be emed be the action decision Of said
boards excepting however that sale by
said trustees 10 any Of the lard 10 be decided by them
aforesaid shall be valid binding unless concued in and
the contract Of sale convey be signed by the trustee
the part Of the State.
regulating the tariff Of tolls that may at any time be esab-
lished by said board Of trustees which however shall al
ways be In accordance with the taif Of tolls on similar
works
Sect 10. All expenses attending the selections of land
under the of Conge>s aforesaid all expenses of survey
ing said canal remaining unpaid expenses Of classifying
said lands and all other expenses connected WITH grow
Of the trust hereby created shall be borne aud paid
by said out of the proceeds of said lands the
tolls and revenues OF said canal.
SECT. 90 This act shall be public act and shall be
literally construed in all courts of justice and the State
found to exist shall enable the aforesaid to carry
into full effect the fair and obvious intent of this act and
the Governor hereby required give all inOr
nation the parties interested do any thing
which may be necessary carly this act into effect and
facilitate any proceeding contemplated by this act.
SECT 81 The troops of the United States and their
nOns of shall all times be transported said
al free OF any charge whatever.
SECT a. Said shall employ chief engineer Of
known and established character for experience and neg
N who shall be required to execute bond TO the State to
be approved of by the Governor in the penal Of
thousand dollars for the faithful performance Of his duties
engineer; and shall subject removed by
or
era Assembly when in session. for misconduct necency
neglect Of duty The said engineer before entering his
duties shall take oath that he will faithfully and Impair
tally perform the duties of his office, without respect TO
persons and that he neither is will be- interested d
ecty nd ecy in job work, contract let TO be
let on said canal connected herewith during his contn-
in Office.
SECT 90 Said shall the right locate and
construct such feeders feeder dams sdecuts, and
vos may be necessary supply said canal with
and may take such timber stone other materials may
be necessary for the construction Of said canal BY making
the proper reasonable compensation therefor the
same terms and in the same manner the
of said canal authoTz by law TO do and The word
canal" wherever used 10 this act shall be construed to
mean and include all its feeders feeder DAMS sde-cus and
reservoirs.
SECT "a. Every person who shall wifully and maic-
ously irjure destroy any lock, cuvert embankmen
of said canal, shall w,lfuy maliciousy make any
aperture breach any embankment of said canal with
intent to inurc destroy the same SHALL conviction,
be punished by imprisonment 10 the State Prison hard
labor not than FIVE years. by fine not exceeding
FIVE hundred dollars and imprisonment in the county Jail
than years and shall be liable TO
said for the damages occasoued thereby which
damages when recovered shall be considered part of
the of said canal. and applied accordingly.
SECT. 25 The time of final payment on all sales of
Wabash and Erie canal lands heretofore made shall up
the request Of the holder of any certificate of purchase,
be extended for the of five years from and after the
term when the same shall fall due Provided, however,
That the interest shall be paid annually in advance
quired Ivy law.
49, fot Elo harh in
Chsncery the Marion any other Circuit Court 10 this
State. against SAID trustees to join them from any vio
laon Of said trust and also to compel them to execute
the same.
officer or agent appointed by hem embszzle fraudulent
ly his use, with intent
his any of the funds, chooses in action
securities effects which may come into his hands or
possession under by virtue of the trusts created by this
act the trustee officer agent offending shall be deem
ed to have committed the crime of grand larceny and up
conviction thereof, shall sufr the punishment pre-
scribed for that offence, the fifteenth section of article
first of chapter hy-ihree OF the Revised Statutes of
ls43.
SECT. %. The capacity Of that portion of said canal
yet be finished shall be the established and pro-
vjed in the original and late surveys and the said us-
shall be constructed and kept in repair the
entire line Of said canal suitable dges all State and
county roads crossing the same in the
required the line of said canal east of Tppe
Seer 30 Said canal finished and to be finished shall
be deemed and taken be public highway, and shall he
free all persons whomsoever pass and repass with
their own boats her water craft, and with their own
produce goods and chatles and merchandise such
persons conforming such uniform rules and regulations
and laying such uniform tolls as may be established and
required
80. Said trustees shall establish at least
land Office for the sale of said canal lands
lent point in this State for the transaction of all business
connected with said trust
SECT. 81. L, shall be the duty of said trustees to re-
turn to the Auditor Of State before the first day Of
November in each St of all lands sold by virtue