WM. T. HAMILTON, ESQUIRE, GOVERNOR.

245

their successors in office, or a majority of them

assembled, shall have full power and authority to

appoint, and at their pleasure dismiss, such clerk,

Dismiss at

treasurer, engineer or engineers, and such other

pleasure.

agents as they may deem expedient, and to fix their

compensation, and to agree with any person or per-

sons on behalf of the said company to cut said canal,

erect dams, open feeders, make cuts, 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.

SEC. 6. Be it enacted, That when any vacancy or

vacancies shall occur in the board of directors of

said company, by death, resignation, or otherwise,

Vacancy —

the remaining directors shall choose others in their

how filled.

stead from the stockholders of said company, who

shall continue in office until the next general election

of directors.

SEC. 7. Be it enacted, That the said president and

directors, or their agent or agents authorized by

them, may agree with the owner or owners of any

land, earth, gravel, stone, timber, material, streams

or any improvements which may be wanted for the

proper construction or repair of said canal or any of

its works, for the purchase and use and occupation

Purchase and

or diversion of the same; and if they cannot agree,

occupation.

or if the owner or owners or any of them be an

infant, feme covert, who is not possessed of the

property to her sole separate use, or authorized to

contract in reference to the same, non compos mentis,

or out of the county where such property wanted

may lie, when such property may be wanted, or for

any other cause be legally incapable of contracting,

Legally inca-

application may be made by the said company to

pable.

any justice of the peace of said county, who shall

thereupon issue his warrant, under his hand and

seal, to the sheriff of the county, requiring him to

summon a jury of twenty of the inhabitants of said

Summon Jury.

county above the age of twenty-one years, not related

to the parties nor in any wise interested, to meet on

the land or near the materials or other property

wanted, on a day named in said warrant, not less

than ten nor more than twenty days after issuing

the same; and if at said time and place any of the

said jurors summoned do riot attend, the sheriff shall

immeditely summon as many persons similarly