E. LOUIS LOWE, ESQUIRE, GOVERNOR.
353
and authority to appoint, and at their pleasure dismiss
such clerk, treasurer, engineer or engineers, and such
other agents as they may deem expedient, and to fix
their compensation, and to agree with any person or
persons on behalf of the said company, to cut said
canal, erect dams, open feeders, construct locks and
such other works as they shall judge necessary or expedient
for completing said canal, and to repair and keep
the same in order.
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SEC. 6. And be it enacted,
That when any vacancy
or vacancies shall occur in the board of directors of
said company, by death, resignation or otherwise, the
remaining directors shall choose others in their stead
from the stockholders of said company, who shall continue
in office until the next general election of directors.
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Vacancy—
how filled.
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SEC. 7. And be it enacted,
That it shall, and may
be lawful for the said president and directors, or a majority
of them, to agree with the owners of any land
through which the said canal is intended to pass, for
the purchase or use and occupation thereof, and in
case of disagreement, or in case the owner thereof shall
be a feme covert, under age, non compos mentis or out
of the State or county, on application to a justice of
the peace of the county in which such land shall be,
the said justice of the peace shall issue his warrant,
under his hand, to the sheriff of the county to summon
a jury of eighteen inhabitants of his county, not related
to the parties, nor in any manner interested, to
meet on the land to be valued, at a day to be expressed
in the warrant, not less than ten, nor more than twenty
days thereafter, and the sheriff, upon receiving the
said warrant shall forthwith summon the said jury, and
when met shall administer an oath or affirmation to
every juryman who shall appear, being not less than
twelve in number, that he will faithfully, justly and
impartially value the land, and all damages the owner
thereof shall sustain by cutting the canal through such
land, or the partial or temporary appropriation, use or
occupation of such land, according to the best of his
skill and judgment, and that in such relation he will
not spare any person for favor or affection, nor any
person grieve for malace, hatred or ill will, and in every
such valuation and assessment of damages the value
and damages ascertained as aforesaid, and the inquisition
thereupon taken, shall be signed by the sheriff and
twelve or more of the jury, and returned by the sheriff
to the clerk of his county, and unless good cause be
shewn against the said inquisition it shall be affirmed
by the court, and recorded; but if the said inquisition
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President and
directors may
agree with
owners of
lands which
may be wanted.
In case of disagreement,
sheriff to summon
jury of
inquest.
Oath.
Inquisition to
be returned to
clerk of Circuit
court,
and by him
recorded.
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