WM. T. HAMILTON, ESQUIRE, GOVERNOR.

247

his, her or their legal representatives, shall entitle the

Entitle com-

said company to the estate or interest in the same

pany to estate.

thus valued as if it had been legally conveyed by

the owner or owners of the same; and the valua-

tion, if not received when tendered, may at any

time thereafter be recovered without costs from said

company by the owner or owners, his, her or their

legal representatives; and the said sheriff shall

keep the said jury together for a reasonable time

until they shall agree upon and sign and seal the

said inquisition; and in case it shall so happen that

the jury cannot agree after being together as afore-

said, the sheriff may, in his discretion, discharge the

May discharge

said jury, and without any further warrant from a

jury.

justice of the peace shall, within five days there-

after, summon another jury of twenty inhabitants

as aforesaid not upon the former jury, and the same

proceedings shall be had in all respects as is herein-

before provided; and in case of a second or other

disagreement of the jury, the same proceedings shall

be had until a verdict or inquisition shall be made

and returned as aforesaid; and whenever the said

canal shall cross or pass any road or roads of what kind

soever, the said company shall build, or erect, and

maintain in good order, proper swing or drawbridges

Proper draw-

or other bridges, such as are commonly used where a

bridges.

said road crosses a navigable stream, over and upon

said canal, so that passage over the same may not

be impeded or interrupted.

SEC. 8. And be it enacted, That nothing contained

in this act shall authorize said company to take

private property for their use without just compen-

How con-

sation, as agreed upon between the parties, or or-

strued.

dered by a jury, being first paid or tendered to the

party or parties entitled to such compensation.

SEC. 9 And be it further enacted, That the said

canal so constructed under this act shall be of the

dimensions as follows: At least twenty-six feet

deep and one hundred and seventy -five feet wide

Dimensions

upon the surface, and one hundred feet wide at the

of caual.

bottom thereof, and not to exceed three hundred

feet at the surface, and one hundred and fifty feet

wide at the bottom.

SEC. 10. And be it further enacted, That the said

company are hereby authorized to establish a tariff

Tariff of tolls.

of tolls for the navigation or the use of said canal,