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signed by the sheriff and some twelve or more of the jury, and re-
turned by the sheriff to the clerk or prothonatory of his county, and
unless good cause be shown against the said inquisition it shall be
affirmed by the court and recorded, but if the said inquisition should
be set aside, or if from any cause no inquisition shall be returned to
such court within a reasonable time, the said court may at its discre-
tion as often as may be necessary, direct another inquisition to be ta-
ken in the manner above prescribed; and upon every such valuation
the jury is hereby directed to describe and ascertain the bounds of
the land by them valued, and the quality and duration of the inter-
est and estate in the same required by the said company, tor its use,
and their valuation shall be conclusive on all persons, and shall be
paid for by the president and directors, to the owner of the land or
his legal representatives, and on payment thereof the said company
shall be seized of such land as of an absolute estate in perpetuity, or
with such less quantity and duration of interest or estate in the same,
or subject to such partial or temporary appropriation, use or occupa-
tion, as shall be required and described as aforesaid, as if conveyed, by..
the owner to them; and whenever in the construction of the said ca-
nal, or any of the works thereof, locks, dams, ponds, feeders, tunnels,
aqueducts, culverts, bridges, or works of any other description what-
soever appurtenant thereto, it shall be necessary to use earth, timber,
gravel or stone, or any other material to be found on any of the lands
adjacent or near thereto, and the said president and directors or their
agent cannot procure the same for the works aforesaid by private
contract of the proprietor or owner on reasonable terms, or in case the
owner should be feme-covert, or non compos, or under age, or out of
the state or county, the same proceedings in all respects shall be had
as in the case before mentioned of the assessment and condemnation
of the land required for the said canal, or the works appurtenant
thereto.
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Dec. Ses. 1823.
Proceedings
directed.
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16. And be it enacted, That it shall be the duty of the company
hereby incorporated, to cut, make and construct the said canal with
good and sufficient locks on the most improved plan for expedition in
the use thereof, and with a width of not less than forty feet at the
surface of the water therein, or of twenty-eight feet at the bottom,
thereof, unless the quality of the soil shall require a narrower base to
admit of a sufficient slope to preserve the banks from sliding down,
and sufficient to admit, at all seasons the navigation of boats and rafts
with a depth of four feet water at the least; and whenever wasters
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Dimensions
of the Canal.
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shall be essential to the security of the said canal, and in no other
situation whatever along the same, the waste water of the said canal
may be from time to time sold or disposed of by the said company
for the purpose of supplying such, works and machinery as require a
water power, and along one side at least of the said canal, and such
aqueducts as it may render necessary, there shall be provided
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Waste water.
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17. And be it enacted, That it shall and may be lawful far any of
the said stockholders to transfer her or his shares by deed executed
before two witnesses, and registered after the proof of the execution
thereof on the company's books, and not otherwise except by devise,
which devise shall also be exhibited to the president and directors,
and registered in the company's books before the devisee or devisees
shall be entitled to draw any part of the profits from the said tolls or
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Transfer of
stock.
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