Indiana State sentinel. [volume] (Indianapolis) 1841-1853, 1847-02-04


the said reced act Is provded shall be elected by ma
jorify number and Daiue Of the subscribers towards the
completion Of the said canal who shall have given notice
in writing Of their subscriptions the agent the Slate ia
the city vt New York. or it such agent at New York,
then the Governor Of Indiana mentioned in The
ninth section of this such subscribers being present
personally by agent duly authorized by proxy
meeting To be convened and holden in New York for that
purpose by and on tile part Of such subscribers Of which
not less than calendar months previous notice, sta
Ting the object and tme and place OF such meeting shall
be thrice inserted in the London Gazette, and IImes
newspapers and in two of the principal New York daily
journals and the resolutions be signed by the chairman
presiding such meeting of subscribers shall be sui-
eIen and authority for the election oil the two
persons To be then and there elected for and
on behalf OF the said subscribers, and such election
shall therefore be deemed, taken, and acknowledged 10
be good and valid election OF such trustees, and
that such election duly made under and IN compli-
with the provisions OF the said reciled act ind
further enacted, That election be made
last aforesaid shall be beeOme void yoidabe by rea
of technical informally in The proceedings or Ut
any verbal defects or clerical errors or oy reason oil Inc
omission of noaria legazation in any power or
powers OF attorney other instrument instruments oil
subsutions be made executed by any subscriber or
subscribers 6de ennbe his her epresen
tatyes 10 vote his her. their behalf al such election
OF trustees Aforesaid and produced Of such elecUn OF
trustees aforesaid and produced at such meeting Tor
that purpose, shall such election be OF become v.da
BILE by of any omission TO hold the proceedings
herein enacted public before any judge magistrate,
other Judicial officer record the any court
of law equity, other tribunal place Of Justice
wise notwihstandIng:)
PrOsided nerertheiess That each of the said trustees
SHALL after such their and his election aoresaId and be-
fore entering his aud their duties take the oath or
affirmation for the faithful and impartial discharge thereof
and give the bond The State with security be approx
by the Governors for the proper discharge OF his and
their duties is mentioned and provided in the tenth
ton OF The said reciied Pr0rided GlSo That du
picaie of said resolutions be signed by said chairman,
and by him duly acknowledged before the mayor and
corder Of the city of New York. before uny Judge of
any OF record in said city, any commissioner
resident in said city duly authorized to take the acknow
edgemen Of deeds be recorded the State of Indiana
shall be by said chairman forwarded by mall addressed
the Governor of the State of Indiana which shall be
filed by him in the office of the Secretary OF States Provided
further, That after said subscribers making said advances
shall be paid IN full the principal money secured by such
certificates, it shall be lawful for a majority in number
and value Of the other holders Of certificates ofstock
by this or the said original act authorized TO be Issued and
charged upon said canal Aforesaid TO elect trustees IN
like MANNER and subject to the conditions as
sided for the election of by the said subscribers
and such trustees shall comply with aud be governed by
all laws; rules, and regulations, and possess the
powers and perform the duties such trustees
elected 10y said subscribers find provided further That
if majority in number and value Of the other holders of
certificates neglect elect aforesaid for the
space Of six months after said subscribers shall be paid
in full aforesaid that then aud IN that II shall be
lawful for and hereby made the duty Of the two
Houses OF the legislature al It's next session, TO elect the
same, the judges Of the circuit court
are now authorized 10 be elected, in said SIX
months expire during the of the legislature, the
pointed shall hold their Offices until the close Of the next
session of The legislature and until their
duly elected and qualified and such shall com
ply with and be governed by all laws rules, and regula-
lions, and the powers and perform the same
duties if the said trustees elected by the holders
Of said certificates find provided further, That the
tees elected by said subscribers shall hold heaId offices
for months after said subscribers their assigns shall
be paid in full provided for in the tenth of this
act and until their elected and qualified
SEC H. AND WHEREAS, 1t Is enacted by the SAID 9TH
nj Tho
hod their Offices for the Of three years from the
time OF their SAID election and appointment and I'M
nj others elected or appointed in their places AND
WHEREAS BY the twelfth section Of The said act II rs de-
cared (amongs other thIDgs) that henever any
cy shall in the board Of trustees by death, resgna
ton other causes such vacancies shall be filled up by
the General Assembly, by the subscribers aforesaid
their assignees whom belonged the election of the
trustee whose shall become vacant the may
be, but provision made in the said act for the
ner and form IN which such vacancy shall be supplied
AND WHEREAS BY the twenty section OF said acI
is amongst other thngs) declared that shoud either
of the said trustees embezze raudulently To
his own use secrete with intent to convert TO his
use, any Of the funds chooses action, securities
effects, which may his hands possession,
der by virtue of the created by the said reced
act the trustee offending shall be deemed TO have COM
miied the crime of grand larceny, and upon conviction
thereof shall suffer the punishment prescribed for that
offence IN the said recied act particularly
toned but provision made in the said act for the
discharge removal OF such offender. Now therefore,
BE Il enacted, that in case OF the death, resignation
fusa to act permanent absence, bodily mental in
trinity, of any either of the said trustees whereby
such trustee shall be rendered incapable OF fulfilling
duties OF the said lrnst according the true intent and
meaning of said any either Of the said
shall embezzle fraudnenlly his
own use, or secree with that ntenlon any ct the prop
ery which may his hands possession, by yir-
of the aforesaid whether such shall hap
pen during the first three years of the said trust any
time afterwards during the continuance OF the said trust
then, every such case The place of the
dying resignng refusing act becoming permanently
ABSENT or IncaPacliaed or embeZzng, or rauduienly
converting TO his own use secretng with that nten-
ton any OF the trust property aforesaid shall be deem
ed ard be taken TO have become and be absolutely
ted and Immediately thereupon such vacancy shall as to
the be named by the State, be filed up by the
General Assembly, # il session. if in the recess, then
by the Governor, directed by the said twelfth section
OF the said act and when appointed, shall hold his
office until the meeting of the General Assembly
and such vacancy vacancies TO the two trustees,
either of hem be elected by the said subscribers
the manner hereInbeore and in the said reced
TONED, shall be filled up in like manner by the subscr
bers and such trustee trustees, when named by
the State as aforesaid, elected by the said Subscribers
as aforesaid, the may be- shall Immediately upon
such election appointment and after taking the oath
or armaiIon and giving the bond with security di
eced in the said tenth section of the said act stand and
be possessed of and invested with the powers and
authorities in all respects if they he had been og
nay elected appointed trustee for the pur-
poses OF the said
Pr0rided also, And it hereby expressly enacted and
declared that when either both OF the be
elected by the subscribers towards the completion Of the
said canal and Its works. in the eleventh section Of
this present mentioned, SHALL any time Whatever
misconduct himself themselves his their office,
or shall become bankrupt or insogent or make or offer
compromise it'll his or their creditors then and i'm
such case shall be lawful for majority of such
subscribers in number and value present personally
agent duly authorized by proxy, at any meeting TO be
convened and holden in New York for that purpose by
and The part Of such subscribers of which months
n eba have hpen Inv fha