| 166
Dec. Ses. 1825.
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JOSEPH KENT, ESQUIRE, GOVERNOR.
directors to the owner of the land, or his legal representatives,
and on payment thereof, the said company shall be seized of
such land, as of an absolute estate in perpetuity, or with such
less quantity and duration of interest in the same, or subject to
such partial or temporary use or occupation as shall be required
and described as aforesaid, as if conveyed by the owner of them,
and whenever in the construction of the said canal or any of the
works thereof, locks, dams, ponds, feeders, tunnels, aqueducts,
bridges or works of any other description whatsoever appurtenant
thereto, it shall be necessary to use earth, timber, stone or
gravel or any other material to be found on any of the lands
adjacent or near thereto, and the said president and directors,
or their agent cannot procure the same for the works aforesaid,
by private contract of the proprietor or owner, or in case the
owner should be a feme covert, or non compos or under age, or
out of the state or county, the same proceedings in all respects
shall be had, as in the case before mentioned of the assessment
and condemnation of the lands for the said canal or the works
appurtenant thereto. |
Dimentions,
&c. of canal
prescribed—
waste water;
towing path. |
14. And be it enacted, That it shall
be the duty of the company
hereby incorporated, to cut, make and construct the said
canal, with good and sufficient locks, on the most improved
plan for expedition in the use thereof, unless the quality of
the soil shall require a narrow base, to admit of a sufficient
slope to preserve the banks from sliding down, and sufficient
to admit at all seasons, the navigation of boats and rafts, with
a depth of four feet water at the least; and wherever wastes
shall be essential to the security of the said canal, and in no
other situation whatever along the same, the waste water of the
said canal may be from time to time sold or disposed of by the
said company, for the purpose of supplying such works and
machinery as require a water power; and along one side at
least of the said canal and such aqueducts as it may render
necessary, there shall be provided throughout its whole extent,
a towing path of sufficient breadth to apply the power of
horses to the navigation thereof. |
Method of
transferring
stock.
Provisoes. |
15. And be it enacted, That it shall
and may be lawful for
any of the said stockholders to transfer his or her shares by
deed executed before two witnesses, and registered after the
proof of the execution thereof in the companys' books, and
not otherwise, unless by testament or last will; which testament
or last will, shall also be exhibited to the president and
directors, or a copy thereof authenticated according to law, and
registered in the company's books, before the person or persons
claiming under or by virtue thereof, shall be entitled to draw
any part of the profits from the said tolls or dividends; Provided,
That no transfer shall be made, except for one or more whole
shares, and not for part of such share or shares, and that no
share or shares shall at any time be sold, conveyed or held in |
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