| 1783.
CHAP.
XXIII.
Corporation
to have an exclusive
right,
&c. |
LAWS of MARYLAND.
Be it therefore enacted,
That the said corporation, after they have completed
the said canal, shall have an exclusive right thereto, with full power
of erecting
grist-mills, and other water works, thereon, and no other canal shall
be cut, or
the water drawn off between the line of Pennsylvania and tide-water,
to the injury
of the navigation of the said canal, or the water works aforesaid erected
thereon,
and that the said corporation shall have full power and authority to
use the
waters of the said river for the purpose of supplying the said canal,
and the water
works aforesaid erected thereon, with water. |
Their power,
&c. |
IX. And be it
enacted, That the said corporation shall have a power over the
waters of the said river, for the purposes of supplying their said
canal, and the
water works erected thereon, with water, and to exclude others from
cutting any other canal or canals, to the injury of the said canal,
but shall have
no right to the waters of the said river for any other purpose or purposes
whatsoever.
Provided always, that the said corporation, whenever any public road
crosses the same, shall and are hereby required, either to erect a
sufficient bridge
across the said canal, or to keep a proper boat or boats for the purpose
of conveying
passengers across the same, under the penalty of five pounds current
money
for every neglect or refusal; and that the said corporation shall have
power and
authority to make such bye-laws, rules and ordinances, as may appear
to them
most conducive to the end proposed by this act, and most proper for
regulating the
navigation of the said canal; and the said corporation shall have full
and ample
powers and authority to impose and set such tolls and duties on all
boats, other
vessels, and rafts, which may pass up or down the said canal, not exceeding
the
sum of one shilling current money per tun, carpenters measure, and
shall and may
make such bye-laws and ordinances to compel the payment of the said
tolls and
duties, so set and imposed, as the said corporation may think right
and most
effectual, and the said tolls and duties shall become a perpetual revenue
for
the sole and exclusive benefit of the said corporation, and their successors,
for
ever. |
May sue for
subscription
money, &c. |
X. And,
whereas the said proprietors of the Susquehanna canal have engaged
to raise and pay to the treasurer of the said corporation the sums
of money by
them respectively subscribed, at the times and in the proportions following,
to
wit: One fifth part on the first day of April, one thousand seven
hundred and
eighty-four, one fifth on the first day of July, one fifth on the first
day of October,
one fifth on the first day of January, and the remaining fifth on the
first day
of April, one thousand seven hundred and eighty-five; and it being
absolutely
necessary the said engagements should be punctually complied with,
and that some
summary mode of proceeding should be adopted to enforce payment in
case of default,
Be it enacted, That it shall and
may be lawful for the said corporation, in
case any of the said proprietors shall neglect to make the payments
on the days
stipulated and herein before mentioned, to write to the clerk of the
court of that
county in which the said defaulter shall reside, and order the said
clerk to issue an
attachment, fieri facias, or capias ad satisfaciendum, against
the said person making
default, for the sum of money by him due and unpaid; and the execution
so issued,
shall be returnable to the court which shall first sit after the issuing
thereof,
and shall be as valid and effectual in law, to all intents and purposes,
as if
the same had issued on a judgment regularly obtained, according to
the common
and ordinary course of proceeding in a court of law. |
Secretary to
give bond,
&c. |
XI. Be it enacted,
That the secretary, immediately after his appointment, or
as soon thereafter as conveniently may be, shall give bond, in the
penalty of five
hundred pounds current money aforesaid, with sufficient security, for
the faithful
execution of the trust reposed in him, and shall attend the meetings
of the said
corporation, and of the governor and directors, and take the following
oath before
some justice of the peace, that he will well and faithfully execute
the office
of secretary to the corporation of the proprietors of the Susquehanna
canal, and
to the governor and directors thereof, and keep a fair record of all
their proceedings,
which he shall lay before the corporation at each meeting, with an
account
of all expenditures; and that the treasurer shall give bond, in the
penalty of four |
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