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WILLIAM PACA, Esq; Governor.
may adjudge convenient and necessary; and the said corporation, or a
majority
of them, when they first assemble, shall elect out of the members of the
said
corporation, a governor and three directors, a treasurer and secretary,
for the year. |
1783.
CHAP.
XXIII. |
IV. Be it enacted,
That it shall and may be lawful for the said corporation,
or a majority of them, to cut and take out a canal at Love-island, and
continue
the same to tide water in Susquehanna river, and make the said canal not
less
than thirty feet wide, and three feet deep, with a sufficient number of
locks, large
enough to admit of a passage for boats of eight feet keel, and twelve feet
beam,
and that the said canal, when completed, shall be kept in good repair by
the said
corporation, for the use of the public. |
May cut a
canal, &c. |
V. Be it enacted,
That the said corporation shall expend the sum of twenty
thousand pounds current money of Maryland, in cutting, making and completing,
the said canal, with a sufficient number of locks, in manner aforesaid,
and
that the said sum shall be divided into twenty shares, and raised by subscription,
but no person shall be allowed to subscribe more than one share, nor less
than
one fifth of a share. |
To expend
money, &c. |
VI. And,
whereas it is necessary for the making the said canal, and erecting grist-mills
and other water works thereon, that a provision should be made for condemning
a quantity of land, not exceeding two hundred acres, Be
it enacted,
That it shall and may be lawful for the said corporation, or a majority
of them,
to agree with the owners of the lands adjoining thereto, for the purchase
thereof; and in case
it should so happen, that the corporation and owners of the said lands,
or any of
them, could not agree on the value of the same, that then it shall be lawful
for
the said corporation to apply to any two of the justices of the peace for
the county
of Cecil, to cause the sheriff of said county to summon a jury of twelve
honest
and lawful men of his county, to meet on the land to be valued; and the
said
justices are hereby empowered and required, on such application being made
to
them as aforesaid, to issue their warrant, under their hands and seals,
directed to
the sheriff of their county, requiring and commanding him to summon twelve
honest and lawful men of his bailiwick, who shall stand indifferent between
the
said parties, to meet on the land to be valued, describing the same in
their warrant;
and the said sheriff, upon receiving the said warrant, shall immediately
comply therewith; and the jury, when met together on the land, shall
take the
following oath, or affirmation, to be administered by the said sheriff
to each of them
separately, to wit" " You _____ _____ do swear, or solemnly affirm,
that
" you will make a just, true, and honest valuation of the land, and of
all damages
" that shall be sustained by the proprietors of the land through which
the
" aforesaid canal shall pass by means of said canal, (mentioning the same
as described
" in the warrant) according to the best of your skill and judgment;" and
the
said jury shall then proceed to inquire into and ascertain the value of
the said land
and damages, as aforesaid, and the inquisition so made and taken, shall
be signed
by the sheriff and the jury, and returned by the sheriff to the clerk of
Cæcil
county court, and be by him filed and recorded among the records of said
court;
and the valuation so made by the jury, shall be binding and conclusive
on all parties,
and shall be paid by the said corporation to the owner of the land, or
his
legal representative, as a full recompence thereof; and the said corporation,
on
payment of the said money, shall have as good, sure, and indefeasable title
in fee-simple
to said land, as if the same had been conveyed by the owner to the said
corporation, and their successors, by fine, feoffment, deed of bargain
and sale, or
any other mode of conveyance. |
To purchase
land, &c. |
VII. Provided
always, and be it enacted and declared, That not more than
two hundred acres of land, in the whole, shall be condemned for the purposes
aforesaid. |
Proviso. |
VIII. And,
whereas the said corporation incur a very great expence, and run a
great risk of sinking their subscription money in case the said scheme
should fail, |
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