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CHAP 188
Authority to con
struct — dimension
—ways, &c
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Sec. 7. And be it enacted, That whenever the said pre-
sident and directors shall have paid or tendered payment
to the owner or owners of any land, stream or streams of
water, timber or other material, the sum of money so
awarded by the jury aforesaid, they shall have full and am-
ple power to cut, dig and make the said canal, of such
convenient width and depth through such land, stream or
streams of water, in the same manner as if the consent of
the owner or owners had been given thereto, and the said
president and directors shall have full power and authority
to make and dig such canal along, under or across
any public high way, for the purpose of conducting and
conveying said water, and for such purpose, to dig, break
up, and open at their own expanse, all or any part of such
high way, leaving at all times a sufficient passage way, for
carriages, horses and foot passengers, and restoring forth-
with all such highway, to good, perfect, easy and safe pas-
sage for horses, carts, carriages and foot passengers, by
good, substantial and sufficient bridges, over and across
said canal, when it may intersect, cross or interfere with
said highways.
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May increse capi-
tal
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Sec. 8. And be it enacted, That if the capital stock of said
company shall prove insufficient, it shall and may be law-
ful for the said company from time to time, to increase the
same, Ly the said president and directors opening books
of subscription, at such time and place as they may deem
expedient, first giving reasonable notice thereof, and the
said books of subscription to keep open from day to day,
until a sufficient number of shares shall have been sub-
scribed tor. and during the first days subscription, the
stockholedrs of said company shall have preference over
other subscribers; Provided, the capital stock shall in no
case exceed fifty thousand dollars.
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Public highway
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Sec. 9. And be it enacted, That the said canal, and the
works to be erected thereon in virtue of this act, when
completed shall forever thereafter be esteemed and taken
to be navigable as a public highway, free for the trans-
portation of all goods, commodities and produce, on pay-
ment of the tolls to be imposed as provided for by the said
president and directors aforesaid.
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