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Dec. Sess.
1815.
Lands, ten-
aments &c--
streams of
water—privil-
leges in gene-
ral.
Reservoirs
&c.
Damaging
improvements
--penalty.
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matter in question shall exceed five hundred dollars, but not the
persons or separate property of themselves or any of the stock
holders.
10. AND BE IT ENACTED, That the said corporation
may purchase and hold, in fee simple or otherwise, all such
lands and real estates suitable for the erection of the necessary
works, and that may be necessary in whole or in part, for the
proper accomplishment of their undertaking, as they shall
judge proper, and may divert from the usual bed and course
for the purpose aforesaid, at such place or places as they shall
think fit, any stream or streams which they may think suitable
for the purpose or any part or parts thereof, they obtaining the
consent of all persons having any right, interest or property
in the stream or streams respectively, so to be diverted in
whole or in part, or in the lands through which such stream or
streams may be intended to pass after being so diverted; and
the said corporation shall have full power and authority to
make a canal and tunnel, or either of them, for the conveyance
of said water under and along any public highway, or any street
or streets, lane or lanes, alley or alleys of the county, or town of
Emmitsburgh, and to lay a pipe or pipes in such highway, or
in any of the said streets lanes or alleys, for the purposes of con-
veying and distributing the said water, and the said pipes from
time to time renew and repair, and for those purposes to dig
break up and open, at their own expence, all or any part of
such highway or of such streets and alleys, and of the pave-
ments and footways thereof, leaving at all times a sufficient pas-
sage way for carriages, horses and foot passengers, and restor-
ing forthwith to their former condition all such highways, or all
such of the said streets, lanes and alleys, pavements and foot-
ways, as shall from time to time, and at any time, be so dug,
opened or taken up.
11. AND BE IT ENACTED, That the said corporation
shall have full power and authority to establish reservoirs and
public fountains in such parts of the streets and squares of the
said town as they may think proper, and to grant to all persons
whomsoever, and to all bodies politic and corporate, the privi-
lege of using the said water so to be introduced, in such man-
ner and on such terms and conditions, and in such quantities
respectively, as they shall think fit; and the said water so to
be introduced, together with all the reservoirs, pipes, canals
and tunnels, engines, buildings, and machines whatsoever, to
be by them made and used for the purpose of introducing,
raising, and distributing the said water, to hold to them, their
successors and grantees as their sole and exclusive property.
12. AND BE IT ENACTED, That if any person or per-
sons shall wilfully do, or cause to be done, any act whatsoever
whereby the said works, or any pipe, conduit, canal, water
course, mound, plug, cock, reservoir, dyke, or engine,
machine or structure, or any matter or thing appertaining to the
same, shall be stopped, obstructed, impaired, weakened or in-
jured, or wilfully pollute the said water by the throwing any
dead bodies or other impure substance into the same, or by
swimming, bathing, or washing therein, the person or persons
so offending shall forfeit and pay to the said company a sum
not exceeding one hundred dollars for every such offence or
injury, to be recovered by such company, with costs of suit,
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