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CHAP. 201.
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man a jury of twelve persons, qualified as jurors of the
county court; giving them and the owners or parties in-
terested in the land, stream or streams of water to be
assessed at least eight clays previous notice of the time
and place a jury being impannelled; provided, that the
canal shall not pass through the dwelling house of any
person.
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Upon payment
or tender of
payment by
said company
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SEC. 7. And be it enacted, That whenever the said pre-
sident and directors shall have paid or tendered payment
to the owner or owners of any land, stream or streams
of water, timber or other material, the sum of money so
awarded by the jury aforesaid, they shall have full and
ample power to cut, dig and make the said canal of such
convenient width and depth through such land, stream
or streams of water, in the same manner as if the con-
sent of the owner or owners had been given thereto, and
the said president and directors shall have full power
and authority to make and dig such canal along, under
or across any public highway for the purpose of con-
ducting and conveying said water, and for such pur-
pose to dig, break up and open at their own expense,
all or any part of such highway, leaving at all times a
sufficient passageway for carriages, horses and foot-
passengers, and restoring forthwith all such highway
to good, perfect, easy and safe passage for horses, carts,
carriages and foot-passengers, by good, substantial and
sufficient bridges over and across said canal, when it
may intersect, cross or interfere with said highways.
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Capital stock
to be increased.
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SEC. 8. And be it enacted, That if the capital stock
of said company shall prove insufficient, it shall and
may be lawful for the said company from time to time
increase the same by the said president, and direc-
tors opening books of subscription at such time and
place as they may deem expedient, first giving reason-
able notice thereof, and the said bonks of subscrip-
tion to keep open from day to day until a sufficient
number of shares shall have been subscribed for, and
during the first days subscription the stockholders of
said company shall have preference over other sub-
scribers; provided, the capital stock shall in no case ex-
ceed fifty thousand dollars.
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To be deemed
a public high
way, upon the
payment of the
tolls provided
for.
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SEC. 9. And be it enacted, That the said canal and
the works to be erected thereon in virtue of this act
when completed, shall forever thereafter be esteemed
and taken to be navigable as a public highway, free for
the transportation of all goods, commodities and pro-
duce, on payment of the tolls to be imposed as provid-
ed for by the said president and directors aforesaid.
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