62

SAMUEL STEVENS, Jr. ESQUIRE, GOVERNOR:

Dec. Ses. 1824

Proceedings
directed.

aforesaid; and the inquisition thereupon taken, shall be signed by
the sheriff and some twelve or more of the jury, and returned by
the sheriff to the clerk or prothonotary of his county; and unless
good cause be shewn against the said inquisition, it shall be affirm-
ed 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 dis-
cretion, as often as may be necessary, direct another inquisition to
be taken in the manner above prescribed; and upon every such va-
luation, the jury is hereby directed to describe and ascertain the
bounds of the land by them valued, and the quantity and duration
of the interest and estate in the same, required by the said company
for its use; and their valuation shall be conclusive on all person
and shall be paid for by the said president and directors to the ow-
ner of the land or his legal representatives; and on payment there-
of the said company shall be seized of such land as of an absolute
estate in perpetuity, or with such less quantity and duration of in-
terest or estate in the same; or subject to such partial or temporary
appropriation, use or occupation as shall be required and described
as aforesaid, as if conveyed by the owner of them: and whenever
in the construction of the said canal, or any of the works thereof,
locks, dams, ponds feeders, tunnels, aqueducts, bridges or works
of any other description whatsoever appurtenant thereto, it shall
be necessary to use earth, timber, stone or gravel, 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 proprie-
tor or owner, or in case the owner should be a feme covert, or non-
compos, or underage, or out of the state or county, the same pro-
ceedings in all respects shall be had as in the case before mentioned
of the assessment and condemation of the lands required for the
said canal, or the works appurtenant thereto.

Dimensions
of the canal.

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 ex-
pedition 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
narrow base to admit of a sufficient slope to preserve the banks
from sliding down, and sufficient to admit at all seasons, the navi-
gation of boats and rafts, with a depth of four feet water at the
least; and wherever wastes shall be essential to the security of the

said canal, and in no other situation whatever, along the same, the

Waste water.
Towing path.

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 throughout its whole ex-
tent a towing path of sufficient breadth to apply the power of
horses to the navigation thereof.

Transfer of
stock.

17. And be it enacted, That it shall and may be lawful for any of
the said stockholders, to transfer his or her shares by deed, executed