HARNESS VS. CHESAPEAKE AND OHIO CANAL CO. 257

after their finding had been affirmed by the court, the canal
company had no right to enter upon, and commence cutting
their canal through these lands, without paying the money, and
that having so entered upon, and commenced cutting, the obli-
gation to pay was perfect.

The language of the 15th section of the act is, that the
"valuation of the jury shall be conclusive on all persons, and
shall be paid by the president and directors, to the owner of
the land, or his legal representative."

It seems impossible to say, in the face of such language,
that there is not, and was not, when the canal company took
possession of the lands of these parties, and commenced exca-
vating their canal, an absolute, unqualified, and immediate
^obligation to pay the money, and that they could upon any
pretext whatever delay it.

The defendants, however, contend, as already observed, that
conceding all this to be true, the complainants have precluded
themselves from asking the relief sought by this bill, by taking
the acceptances of the company, and giving the receipt before
spoken of. If the Chancellor is right in the view presented of
the obligation of the company to pay before, or concurrently
with the actual seizure and entry upon these lands; then it
follows, that, on the 1st April, 1840, the date of the accept-
ances, the valuation of the jury was, and had been for some
time, payable; for the evidence clearly shows, that prior to that
date the defendants had entered upon the lands and commenced
cutting their canal.

Assuming, then, that prior to the date of these acceptances
there was due from the teanal company, the sum ascertained by
the jury, which sum, in the language of the charter, was to be
paid by the company to the owner of the land, or his legal
representatives, it was simply giving acceptances for a pre-ex-
isting debt, and it is too clear for argument, that the taking of
them by the creditor could not have the effect of extinguishing
the former debt. Insurance Co. vs. Smith, 6 H. & J., 169;

Glenn vs. Smith, 2 G. & J., 508; Wayman vs. Roe, 11 G. &
J., 425.

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