JOSEPH KENT, ESQUIRE, GOVERNOR.

1826

canal, and all the other works incident thereto; and they shall
also have power, and it shall be their duty, to construct and keep
in good repair, along at least one side of said canal, a towing
path of sufficient breadth to admit of the application of horse
power to the navigation of said canal, and they shall also have
power, and it shall be the duty of said company, to give to said
canal a width at the water line and at bottom, and a depth of
water in the canal, at least equal to the width at water line and
bottom of the Pennsylvania state canal, and the depth of water
therein at its junction or connection with the former, so as to

CHAP. 130,

make the dimensions of the two canals correspond; Provided
only that the said company may be permitted for short spaces,
and where the navigation of boats adapted to the former dimen-
sions will not be impeded, and the expense of construction will
be considerably diminished by such contraction, to contract the
dimensions of the canal to a width at water line not less than
thirty feet; and that the said company shall also construct said
canal with locks of the same dimensions with those of the Penn-
sylvania state canal at its junction with the former.

Proviso

15. And be it enacted. That the said company be and they
are hereby empowered and required, to effect a junction be-
tween the said northern section of the Pennsylvania and Mary-
land canal, and the Pennsylvania state canal, at its termination
on the Susquehanna, at or near the mouth of Swatara creek,
and that the junction between said northern section, and the
said state canals, shall be made by locks, or by navigable late*
ral canal and locks of the same dimensions as the said state ca-
nal and its let ks; that the commissioners appointed on the part
of the two states to take stock, and locate the said northern sec-
tion, shall determine the point at which the junction between
said northern section and said state canal shall be made, and in
determining such point, they are hereby required to select
some point at which it is practicable, and can be effected with-
out injury to the navigation of said canal; and that it shall also
be the duty of said company, in constructing said northern sec-
tion, to make, or cause to be made, communications between
said canal and river Susquehanna, at the most eligible point at
tide water, and also at or near the town of Columbia, and with
the said river, at or near the mouth of Conestoga creek, or with
the lock and dam navigation of said creek, by navigable lateral
canal and locks, of the same dimensions as those of the north-
ern section and its locks; and that no greater tolls shall be charg-
ed on boats going to tide, or on boats entering or going out of
said canal at these communications, or at any other points, than
upon boats going along the entire canal.

Junction of ca-
nals

16. And be it enacted, That the said president and directors,
or a majority of them, or any authorised person or persons by
a majority of them for that purpose, may agree with the owner
or owners of any land, or of any canals, water, water-works,
or other improve ments, which it may be necessary to takeaway,
use, occupy or destroy, in order to the construction of said ca-
nal, for the purchase or use and occupation of the same, and for
the purchase of any earth, timber, gravel, stone or other mate-
rials, which may be wanted for the construction of the same,

May agree with
owners of land,
&c— In case of
disagreement jury
to be summoned